These Terms of Use were last modified and are effective as of November 2, 2023.
The Hang10 Shaka Club Membership Program (the “Program”) is a membership subscription program sponsored by H10CW Franchise, LLC (“Hang10,” “we,” “us”) that will allow active members (each, a “Member”) to access, receive, and/or purchase certain goods and services at participating Hang10 retail locations (“Locations”), subject to availability and these Terms and Conditions (“Terms”).
The Program is open only to individual residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. To register for the Program, each Member must have a valid mobile phone number, internet access, and valid payment method as described in these Terms. The Program is void where prohibited or restricted by law.
Mobile charges for data usage and text messages may apply in accordance with your mobile service carrier agreement. Please review your service provider terms and conditions for text messaging. Hang10 text messages will include instructions for opting-out of future text messages from Hang10 and its affiliates.
By subscribing to the Program, Member represents and warrants that Member (i) has read, understands and unconditionally accepts these Terms, as they may be modified from time to time without notice, (ii) meets each of the eligibility requirements set forth in these Terms, (iii) consents to receive text messages from Hang10 in connection with the Program and other Hang10 promotions and business matters, and (iv) consents to Hang10’s collection and use of Member’s information in accordance with these Terms and as otherwise set forth in our Privacy Policy.
To become a Member, (i) go to hang10carwash.com (ii) download the Hang10 App, or (iii) visit a retail terminal at any Hang10 Location, and follow the on-screen instructions to complete the Account registration process. Upon completion of the Account registration process, which includes providing a valid mobile phone number to Hang10, a confirmation text message will be sent to the mobile phone number provided. Member’s phone number is used to access Member’s Account and Membership Plan. Changes to your phone number may affect your ability to access your Account and Membership Plan.
All terms and conditions related to the Program membership plans (“Membership Plans”) are subject to change at any time upon thirty (30) day notice. All Membership Plan terms and conditions are published below.
Lil’ Kahuna Membership Plan
The Lil’ Kahuna Membership Plan (“Lil’ Kahuna”) allows for unlimited Lil’ Kahuna washes (wash, dry and vacuum) at one (1) location only, and requires payment of a fee of $10 per month plus an annual fee of $29. Your first month $10 fee plus the first $29 annual fee will be charged at the time of purchase. The annual fee will then be changed annually on the anniversary of your subscription unless sooner terminated in accordance with these Terms.
Go Big Kahuna Membership Plan
The Go Big Kahuna Membership Plan (“Big Kahuna”) allows for (1) unlimited Big Kahuna washes (premium wash), (2) one (1) free monthly Big Kahuna wash to gift for the first 6 months, (3) one (1) free premium towel, (4) free dog washes, and requires the payment of $25 per month. No annual fee.
Member may upgrade, downgrade, or cancel Member’s Membership Plan at any time. No refunds or discounts provided upon any such modification or cancellation.
You may add a vehicle to your Account at any time by following the instructions on the website or your mobile application.
A Member may only register for one (1) Program account (“Account”). Accounts are non-transferrable. You represent and warrant that you have the authority to charge the payment method associated with your Membership Plan. You are solely responsible for any activity that occurs through your Account. Account holder is responsible for updating and maintaining the accuracy of the information in the Account. You must be 18 years of age to create an Account or purchase a Membership Plan. If you submit the personal information of any person other than yourself in setting up an Account, you warrant that you have that person’s permission to provide us with that information.
Member agrees not to misuse the Program by conduct which is detrimental to the Program, including, without limitation, creating multiple Accounts, participating in purchasing or redemption fraud, using any robot, spider, other automatic device, or manual process to transact with or monitor the Program. In addition to any other legal or equitable remedy which may be available to Hang10 under applicable law, Hang10 reserves the right at any time to limit Program enrollment or participation and may terminate, void or cancel the Program or any individual Member’s Account, or portion thereof, or in the event that any virus, bugs, non-authorized human intervention or other causes beyond the control of Hang10 corrupts or impairs the security of the Program, including but not limited to an attempt by any person to hack into or otherwise tamper with underlying source code/programming of any part of the Program website or any other channel.
Membership Plans may be selected and purchased through your Account. Your Membership Plan is active at the time of purchase. Your Membership Plan may be subject to taxes, which will be calculated at the rate applicable to the Location where the plan was purchased. Any applicable taxes will be automatically charged to or debited from your payment method on a monthly basis.
To subscribe for and purchase a Membership Plan, you must provide a payment method. You authorize us to charge or debit the provided current payment method for your Membership Plan fees, which will be automatically charged or debited on a monthly basis. If a payment is not successfully settled due to your payment method’s expiration, insufficient funds, or otherwise, and you do not cancel your Membership Plan, we may suspend your access to the service until we have successfully charged or debited a valid payment method. Your issuer or bank may charge fees for automatic payments. Please check with your service provider for details. We have no responsibility or liability if your payment method is declined by your financial institution. When you purchase a Membership Plan, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards.
YOUR PAYMENT METHOD WILL NOT BE CHARGED UNTIL AFTER YOU AGREE TO THESE TERMS. YOUR MEMBERSHIP PLAN WILL AUTOMATICALLY RENEW MONTHLY, SUCH THAT YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU RETAIN THE RIGHT WITHOUT ADDITIONAL COST OR PENALTY TO TERMINATE YOUR MEMBERSHIP PLAN IF YOU CANCEL IN A TIMELY MANNER AS DESCRIBED IN THESE TERMS.
You may change your payment method at any time through your Account. We may also update information on your payment method using information provided by the payment processors, such as the expiration date of your payment method. Following any update, you authorize us to continue to charge the applicable payment method for each Membership Plan associated with that payment method.
YOU MUST CANCEL A MEMBERSHIP PLAN AT LEAST THREE (3) DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE APPLICABLE FEE FOR THE NEXT MONTHLY BILLING CYCLE.
Membership Plan fees are nonrefundable and there are no refunds or credits for partially used Membership Plan benefits.
All purchase transactions are subject to the Hang10 Purchase Terms and Conditions
THE PROGRAM MEMBERSHIP PLAN, AND ALL HANG10 GOODS AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). HANG10 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS, GOODS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HANG10 OR ITS AFFILIATES, SUBSIDIARIES, OR FRANCHISEES, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS (“HANG10 PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HANG10 PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE HANG10 PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HANG10 FOR YOUR MEMBERSHIP PLAN IN THE PRECEDING TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless the Hang10 Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your misuse of the Membership Program, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Important – Please Review as This Affects Your Legal Rights
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Delaware as applied to contracts made and to be performed entirely within Delaware, without giving effect to the state’s conflicts of law statute.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, YOU AND HANG10 AGREE (A) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, OR THE SERVICES, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO A JURY TRIAL. Instead, you and Hang10 agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association (“AAA”) under the arbitration rules in effect at the time the arbitration is initiated (the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
Unless the parties agree otherwise, the arbitration will be conducted in Wilmington, Delaware. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL.
You and Hang10 agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
YOU AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Members agree to these Terms and to all decisions of Hang10, or its designated agent, which are final and legally binding in all respects, and further agrees that Hang10 shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property. As a condition of participating in the Program, Members agree that (1) Member hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the terms of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorney’s fees. The Hang10, and its parent companies, affiliates, divisions, franchisees, and subsidiaries are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, incomplete, garbled or delayed computer transmissions, whether caused by Hang10, users or by any of the equipment or programming associated with or utilized in the Program or by technical or human error which may occur and/or which may damage a user's system or limit a Member’s ability to participate in the Program. All expenses not specified herein are the Member’s responsibility. Hang10’s failure to enforce any term of these Terms shall not constitute a waiver of that provision. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
