TERMS & CONDITIONS
OF SERVICE
Select section for quick navigation:
These Terms and Conditions of Service (the “Agreement”) constitute a legally binding agreement between Westfield Auto Pros LLC, a New Jersey limited liability company, doing business as AUTO PROS MOBILE DETAILING (the “Company,” “we,” “us,” or “our”), and the individual or entity requesting, scheduling, purchasing, authorizing, or receiving services from the Company (“Client,” “Customer,” “you,” or “your”).
This Agreement governs all automotive detailing, cleaning, restoration, appearance, protection, maintenance, and related services provided by AUTO PROS MOBILE DETAILING (collectively, the “Services”), whether scheduled through the Company’s website, online booking platform, mobile application, telephone, text message, email, in person, or by any other means.
1. AGREEMENT; ACCEPTANCE; PARTIES
1.1 Electronic Acceptance
By checking the box indicating acceptance of these Terms and Conditions, submitting or confirming a booking, or otherwise electronically accepting this Agreement, you acknowledge and agree that:
(a) you have been provided with access to this Agreement before completing your booking;
(b) you have read and understand this Agreement and have had the opportunity to review it before accepting it;
(c) you affirmatively agree to be legally bound by this Agreement;
(d) your electronic acceptance constitutes your electronic signature and has the same legal force and effect as a handwritten signature to the fullest extent permitted by applicable law; and
(e) this Agreement applies to the Services identified in the applicable booking, work order, invoice, estimate, or other service record.
If you do not agree to this Agreement, you must not complete the booking or authorize AUTO PROS MOBILE DETAILING to perform Services.
1.2 Authority to Authorize Services
By booking or authorizing Services, you represent and warrant that you are at least eighteen (18) years of age and are either: (i) the lawful owner of the vehicle; or (ii) authorized by the vehicle’s lawful owner to possess the vehicle, authorize the Services, permit AUTO PROS MOBILE DETAILING to access and operate the vehicle as provided in this Agreement, and bind the owner with respect to the Services being performed.
1.3 Company Personnel
For purposes of this Agreement, Services performed by the Company may be performed through its employees, technicians, agents, authorized contractors, or subcontractors. References to “AUTO PROS MOBILE DETAILING” or the “Company,” where the context permits, include such persons acting within the scope of their work on behalf of the Company.
1.4 Service-Specific Terms
The specific Services ordered, scheduled date and location, vehicle information, quoted or estimated price, selected add-ons, and other transaction-specific information may be identified in an electronic booking confirmation, estimate, work order, invoice, or other service record (each, a “Service Order”). Each Service Order is incorporated into and governed by this Agreement.
If a Service Order contains a term that expressly conflicts with this Agreement, the Service Order shall control solely with respect to the specific transaction and solely to the extent of that conflict.
1.5 Future Services
Unless otherwise stated by AUTO PROS MOBILE DETAILING, the version of this Agreement affirmatively accepted by the Client in connection with a particular booking shall govern that booking. AUTO PROS MOBILE DETAILING may revise these Terms and Conditions from time to time for future Services, but no revision shall retroactively modify the terms applicable to Services previously booked without the Client’s agreement.
2. SERVICES & SCOPE OF WORK
2.1 Scope of Services
AUTO PROS MOBILE DETAILING shall perform only those Services identified in the applicable Service Order and any additional Services subsequently authorized by the Client. The scope of each Service is determined by the package, service description, add-ons, and other specifications applicable to the Client’s booking.
Unless expressly stated in writing, Services not specifically included in the Service Order are excluded from the scope of work.
2.2 Nature of Detailing Services
Client acknowledges that automotive detailing is an appearance, cleaning, maintenance, and reconditioning service and that results necessarily vary based upon the vehicle’s age, mileage, materials, prior maintenance, prior repairs, existing condition, contamination, wear, deterioration, environmental exposure, and other circumstances outside AUTO PROS MOBILE DETAILING’s control.
AUTO PROS MOBILE DETAILING will use commercially reasonable efforts and professional judgment in performing the Services but does not guarantee that any Service will restore a vehicle or component to a new, like-new, factory, or previously existing condition.
2.3 No Guarantee of Complete Removal or Correction
Unless AUTO PROS MOBILE DETAILING expressly provides a specific written guarantee for a particular Service, AUTO PROS MOBILE DETAILING does not represent or warrant that the Services will completely remove, eliminate, repair, correct, conceal, or prevent any particular condition.
Such conditions may include, without limitation, stains, odors, pet hair, sand, embedded debris, biological contamination, mold or mildew, water spotting, mineral deposits, oxidation, etching, scratches, swirls, paint defects, discoloration, fading, corrosion, overspray, tree sap, road tar, adhesive residue, dye transfer, permanent staining, wear, or other defects or contamination.
The continued presence or recurrence of any such condition following completion of the Services does not, by itself, constitute defective or incomplete performance.
2.4 Professional Judgment; Methods and Products
Client authorizes AUTO PROS MOBILE DETAILING to select and use the products, chemicals, equipment, tools, techniques, processes, temperatures, pressures, dilution ratios, and methods that AUTO PROS MOBILE DETAILING reasonably determines appropriate for the Services and the apparent condition of the vehicle.
AUTO PROS MOBILE DETAILING may modify, limit, discontinue, or decline any particular procedure if, in its professional judgment, continuing that procedure may create an unreasonable risk of damage, produce an unsatisfactory result, exceed the agreed scope of work, or otherwise be inappropriate for the vehicle or its condition.
AUTO PROS MOBILE DETAILING is not required to perform a procedure that it reasonably determines to be unsafe, ineffective, inappropriate, or likely to cause damage.
2.5 Service Time and Completion Estimates
Any stated service duration, arrival window, completion time, or estimated labor time is an estimate only and is not a guarantee.
Actual service time may vary based upon vehicle size and condition, weather, accessibility, contamination, requested Services, equipment requirements, staffing, unforeseen conditions, or other circumstances.
AUTO PROS MOBILE DETAILING may complete the Services in less or more time than originally estimated without affecting the agreed price, except where additional charges are authorized or otherwise permitted under this Agreement.
The Client acknowledges that Services are purchased based upon the scope of work described in the applicable Service Order and not based upon a guaranteed number of labor hours.
2.6 Additional or Recommended Services
If AUTO PROS MOBILE DETAILING discovers conditions that reasonably require work beyond the original scope of the Service Order, AUTO PROS MOBILE DETAILING may recommend additional Services or charges.
Except for charges expressly authorized elsewhere in this Agreement, AUTO PROS MOBILE DETAILING will obtain the Client’s authorization before performing materially additional billable Services.
Authorization may be provided electronically, orally, by text message, through the booking platform, or by any other method reasonably demonstrating the Client’s approval.
2.7 No Unauthorized Repair Obligations
AUTO PROS MOBILE DETAILING provides automotive detailing and related appearance services and is not responsible for diagnosing, repairing, or correcting mechanical, structural, electrical, electronic, body, glass, upholstery, manufacturing, or other defects unless a particular repair or corrective service is expressly included in the applicable Service Order.
The discovery or identification of such a condition during the Services does not create an obligation for AUTO PROS MOBILE DETAILING to repair or correct it.
3. CLIENT RESPONSIBILITIES; VEHICLE CONDITION; REQUIRED DISCLOSURES
3.1 Client Responsibility for Vehicle Condition
Client acknowledges that AUTO PROS MOBILE DETAILING generally performs Services based upon the visible and apparent condition of the vehicle and is not reasonably capable of identifying every hidden, latent, concealed, intermittent, previously repaired, improperly installed, or otherwise non-apparent condition before beginning work.
Client is responsible for informing AUTO PROS MOBILE DETAILING, before Services begin, of any condition that could reasonably affect the safe or proper performance of the Services.
3.2 Required Disclosure of Known Conditions
Before Services begin, Client shall disclose to AUTO PROS MOBILE DETAILING any known or reasonably suspected condition affecting the vehicle that may require special care or may increase the risk of damage during detailing.
Such conditions include, without limitation:
(a) repainted, refinished, repaired, blended, or otherwise non-original paint or body panels;
(b) paint protection film (“PPF”), vinyl wraps, decals, stripes, graphics, ceramic coatings, aftermarket coatings, or other applied surface treatments;
(c) peeling, flaking, bubbling, oxidized, cracked, thin, failing, or otherwise compromised paint, clear coat, coatings, wraps, or films;
(d) loose, damaged, repaired, deteriorated, aftermarket, or improperly installed trim, moldings, emblems, badges, spoilers, body panels, weatherstripping, seals, accessories, or exterior components;
(e) aftermarket window tint or damaged, peeling, bubbling, scratched, or otherwise compromised window film;
(f) cracked, chipped, repaired, aftermarket, or otherwise compromised glass, mirrors, lenses, or lighting components;
(g) damaged, deteriorated, stained, repaired, dyed, refinished, reupholstered, loose, or otherwise compromised leather, vinyl, fabric, carpeting, headliners, dashboards, trim, plastics, wood, carbon fiber, screens, controls, or interior surfaces;
(h) water leaks, defective seals, drainage problems, prior water intrusion, flooding, mold, mildew, or moisture-related conditions;
(i) electrical, electronic, battery, charging, alarm, locking, sensor, camera, infotainment, seat, window, convertible-top, sunroof, trunk, hatch, door, or other operational problems;
(j) aftermarket modifications, accessories, wiring, electronics, audio equipment, lighting, performance components, or non-factory installations;
(k) prior collision damage, bodywork, restoration, repairs, modifications, or other conditions that may affect the durability or integrity of any component or surface; and
(l) any other known defect, weakness, damage, repair, modification, or unusual condition that could reasonably be affected by the Services.
3.3 Pre-Service Inspection and Documentation
AUTO PROS MOBILE DETAILING may inspect, photograph, record, or otherwise document the vehicle and its condition before, during, and after the Services. Client authorizes such documentation for quality control, service verification, training, claim evaluation, dispute resolution, and protection of the parties.
Such photographs, videos, inspection records, technician notes, timestamps, electronic records, and other documentation may be retained by AUTO PROS MOBILE DETAILING and may be used as evidence of the vehicle’s condition and the Services performed.
Documentation under this Section is for business and evidentiary purposes and does not constitute consent to use identifiable images of the vehicle for advertising or promotional purposes, which shall be addressed separately under this Agreement.
3.4 Personal Property and Valuables
Client shall remove all money, jewelry, documents, electronics, medications, firearms, valuables, fragile items, and other personal property from the vehicle before Services begin.
Client should also remove or secure any item that the Client does not want discarded, relocated, cleaned, or handled during the Services.
AUTO PROS MOBILE DETAILING may temporarily move personal property when reasonably necessary to perform the Services. AUTO PROS MOBILE DETAILING is not responsible for loss of, damage to, or disposal of personal property left in the vehicle except to the extent caused by conduct for which liability cannot lawfully be excluded or limited.
AUTO PROS MOBILE DETAILING may decline to clean compartments, storage areas, trunks, or other areas containing excessive personal property.
3.5 Child Safety Seats and Safety Equipment
Client is responsible for removing child safety seats and similar restraint systems if Client desires the areas beneath or surrounding them to be serviced.
AUTO PROS MOBILE DETAILING may move or remove such equipment when reasonably necessary to perform authorized Services but shall not be responsible for reinstalling, securing, inspecting, or certifying the proper installation of any child safety seat or restraint system.
Client is solely responsible for inspecting and properly installing or reinstalling all such equipment before use.
3.6 Hazardous, Unsanitary, or Unsafe Conditions
Client shall disclose, before Services begin, any known presence of blood, bodily fluids, human or animal waste, vomit, urine, feces, needles, sharps, pests, insects, rodents, mold, biohazards, hazardous chemicals, controlled substances, or other potentially dangerous or infectious materials within or upon the vehicle.
AUTO PROS MOBILE DETAILING may refuse, suspend, or discontinue Services upon discovering a condition that it reasonably considers hazardous, unsanitary, unsafe, or materially different from the condition represented at booking.
If additional equipment, materials, protective measures, labor, remediation, or disposal is required, AUTO PROS MOBILE DETAILING may offer to continue the Services subject to an additional charge approved by Client.
3.7 Failure to Disclose
To the fullest extent permitted by law, AUTO PROS MOBILE DETAILING shall not be responsible for damage, deterioration, failure, or an unsatisfactory result arising from or materially contributed to by a condition that Client knew or reasonably should have known about but failed to disclose as required by this Section.
Client’s failure to disclose a condition does not require AUTO PROS MOBILE DETAILING to continue performing Services once the condition is discovered.
4. PRE-EXISTING CONDITIONS; INHERENT RISKS; FRAGILE AND DETERIORATED COMPONENTS
4.1 Acknowledgment of Inherent Detailing Risks
Client acknowledges that automotive detailing involves physical contact with and treatment of vehicle surfaces and components and may involve, depending upon the Services ordered, water, cleaning chemicals, solvents, detergents, pressure, heat, steam, extraction equipment, vacuums, compressed air, brushes, towels, polishing machines, compounds, adhesives, applicators, and other professional detailing products, equipment, and processes.
Although AUTO PROS MOBILE DETAILING will exercise commercially reasonable care in performing the Services, Client acknowledges that such processes involve inherent risks, particularly when a vehicle or component is aged, worn, deteriorated, damaged, defective, previously repaired, refinished, modified, improperly installed, or otherwise compromised.
4.2 Pre-Existing and Latent Conditions
AUTO PROS MOBILE DETAILING shall not be responsible for the existence, discovery, manifestation, worsening, separation, detachment, failure, or deterioration of a pre-existing or latent condition merely because the condition becomes apparent during or following the Services.
Such conditions may include, without limitation:
(a) peeling, flaking, bubbling, oxidized, faded, cracked, failing, improperly bonded, previously repaired, repainted, refinished, or otherwise compromised paint or clear coat;
(b) loose, deteriorated, improperly adhered, previously damaged, repaired, aftermarket, or improperly installed emblems, badges, trim, moldings, weatherstripping, seals, decals, graphics, spoilers, accessories, and exterior components;
(c) aged, damaged, improperly installed, lifting, peeling, cracked, deteriorated, or previously repaired paint protection film, vinyl wrap, window film, decals, stripes, or other adhesive-backed materials;
(d) cracked, chipped, weakened, previously repaired, improperly installed, or otherwise compromised glass, mirrors, lenses, and lighting assemblies;
(e) aged, cracked, faded, stained, dyed, repaired, refinished, delaminating, deteriorated, or otherwise compromised leather, vinyl, fabric, carpeting, plastics, wood, trim, headliners, dashboards, screens, buttons, switches, coatings, and interior materials;
(f) corrosion, rust, weakened fasteners, deteriorated adhesives, broken clips, brittle plastics, damaged seals, water intrusion, drainage defects, and similar age- or condition-related deterioration; and
(g) mechanical, electrical, electronic, battery, sensor, camera, alarm, locking, window, seat, sunroof, convertible-top, infotainment, or other component defects or failures that existed, whether known or unknown, before the Services.
4.3 Previously Repaired, Refinished, or Modified Vehicles
Client acknowledges that AUTO PROS MOBILE DETAILING may be unable through reasonable visual inspection to determine whether a surface or component has previously been repainted, refinished, repaired, replaced, wrapped, coated, modified, improperly installed, or subjected to non-factory work.
Previously repaired, refinished, modified, or aftermarket components may react differently to ordinary detailing products and procedures than original factory materials.
To the fullest extent permitted by law, AUTO PROS MOBILE DETAILING shall not be responsible for failure or damage resulting from the defective condition, improper installation, inadequate adhesion, improper prior repair, incompatibility, deterioration, or other weakness of such a surface or component, provided AUTO PROS MOBILE DETAILING did not cause the underlying condition through its own failure to exercise the standard of care required by applicable law.
4.4 Paint Correction and Machine Polishing
Where Client authorizes machine polishing, compounding, wet sanding, paint correction, scratch removal, oxidation removal, or another abrasive corrective process, Client acknowledges that such Services intentionally remove or alter a microscopic amount of paint, clear coat, or other surface material.
AUTO PROS MOBILE DETAILING does not guarantee complete removal of scratches, etching, oxidation, swirls, sanding marks, water spots, or other defects.
AUTO PROS MOBILE DETAILING may reduce or discontinue correction where, in its professional judgment, further correction would create an unreasonable risk of compromising the paint, clear coat, coating, film, or underlying surface.
4.5 Interior Cleaning and Extraction
Client acknowledges that stains, odors, discoloration, dye transfer, wear, deterioration, contamination, and other conditions may extend beneath the visible surface of upholstery, carpeting, padding, leather, trim, or other interior materials.
Cleaning, extraction, agitation, steam, heat, or chemical treatment may reveal pre-existing fading, staining, dye loss, wear, adhesive failure, deterioration, prior repairs, or other conditions that were obscured by dirt or contamination.
AUTO PROS MOBILE DETAILING does not guarantee complete removal of stains, odors, pet contamination, smoke residue, biological contamination, or other embedded conditions.
4.6 Headliners, Adhesives, and Delicate Interior Materials
Client acknowledges that headliners and certain interior materials may rely upon adhesives, foam backing, coatings, laminates, dyes, or other materials that deteriorate with age, heat, prior moisture exposure, prior cleaning, or ordinary wear.
AUTO PROS MOBILE DETAILING may limit or decline cleaning of any such component where treatment may reasonably cause sagging, separation, discoloration, delamination, adhesive failure, or other damage.
AUTO PROS MOBILE DETAILING shall not be responsible for failure caused by pre-existing deterioration or defective adhesion that becomes apparent through otherwise reasonable handling or cleaning.
4.7 Paint Protection Film, Wraps, Tint, Decals, and Applied Materials
AUTO PROS MOBILE DETAILING does not warrant the condition, adhesion, installation quality, age, compatibility, or durability of PPF, vinyl wraps, window tint, decals, graphics, stripes, coatings, or other aftermarket or applied materials.
Client accepts the risk that pre-existing loose, damaged, deteriorated, improperly installed, or inadequately adhered portions of such materials may lift, peel, separate, discolor, crack, or otherwise fail during otherwise reasonable detailing procedures.
4.8 Right to Modify or Stop Work
If AUTO PROS MOBILE DETAILING discovers a condition that, in its professional judgment, creates an unreasonable risk of damage, AUTO PROS MOBILE DETAILING may modify the intended procedure, avoid the affected area, stop the affected Service, recommend an alternative procedure, or decline to continue.
AUTO PROS MOBILE DETAILING's decision to limit or discontinue a procedure for the protection of the vehicle shall not constitute a failure to perform the Services.
4.9 No Waiver of Non-Waivable Rights
Nothing in this Agreement is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law. Any disclaimer, assumption of risk, release, or limitation contained in this Agreement shall apply only to the maximum extent permitted by applicable law.
5. VEHICLE ACCESS; OPERATION; SERVICE LOCATION; UTILITIES
5.1 Access to Vehicle
Client shall ensure that the vehicle is present, accessible, and available at the agreed service location at the scheduled appointment time and that AUTO PROS MOBILE DETAILING has timely access to all keys, key fobs, access codes, compartments, and areas reasonably necessary to perform the Services.
Client authorizes AUTO PROS MOBILE DETAILING and its personnel to unlock, open, close, enter, start, shut off, and access the vehicle and its doors, windows, hood, trunk, hatch, fuel or charging doors, storage compartments, and other components as reasonably necessary to perform the Services.
5.2 Authorization to Operate and Reposition Vehicle
Client expressly authorizes AUTO PROS MOBILE DETAILING personnel possessing a valid driver's license to start, operate, move, and reposition the vehicle when reasonably necessary to perform the Services, access the vehicle, move it to or from the service area, address safety or weather conditions, or otherwise facilitate completion of the Services.
Such authorization includes reasonable operation of vehicle systems and controls, including the ignition, transmission, parking brake, steering, windows, locks, seats, mirrors, climate controls, lighting, windshield wipers, trunk or hatch, sunroof, convertible top, infotainment system, and other controls when reasonably necessary in connection with the Services.
AUTO PROS MOBILE DETAILING is not authorized under this Agreement to use the vehicle for personal purposes or for travel unrelated to the Services.
5.3 Vehicle Operational Condition
Client represents that, unless specifically disclosed to AUTO PROS MOBILE DETAILING before Services begin, the vehicle is in a condition reasonably safe to start, operate, and reposition and that its ordinary controls and safety systems are functioning sufficiently for such limited operation.
Client shall disclose known problems involving the battery, ignition, transmission, brakes, steering, parking brake, tires, suspension, air suspension, doors, locks, windows, convertible top, sunroof, alarms, immobilizers, charging system, electrical system, or other systems that could affect safe access to or operation of the vehicle.
AUTO PROS MOBILE DETAILING shall not be responsible for a mechanical, electrical, electronic, battery, or other failure caused by a pre-existing or latent condition merely because the failure occurs or becomes apparent while the vehicle is being serviced.
5.4 Service Location
Client is responsible for providing a service location that is reasonably safe, lawful, accessible, and suitable for performance of the scheduled Services.
Client represents that Client owns, controls, or has obtained any permission reasonably necessary for AUTO PROS MOBILE DETAILING to enter and perform the Services at the designated location.
Client shall disclose any known property restrictions, condominium or homeowners' association rules, parking restrictions, municipal requirements, access limitations, garage restrictions, security procedures, or other conditions that may interfere with the Services.
AUTO PROS MOBILE DETAILING may refuse, suspend, relocate, or discontinue Services if the location is, in AUTO PROS MOBILE DETAILING's reasonable judgment, unsafe, unlawful, inaccessible, unsuitable, or likely to create an unreasonable risk to persons, property, equipment, or the vehicle.
5.5 Water and Electrical Access
Unless the applicable Service Order expressly provides otherwise, Client shall provide AUTO PROS MOBILE DETAILING with reasonable access, at no additional cost to AUTO PROS MOBILE DETAILING, to functioning potable water and a functioning electrical outlet suitable for ordinary detailing equipment and located within a reasonable distance of the service area.
Client represents that any water source, electrical outlet, extension connection, or other utility made available to AUTO PROS MOBILE DETAILING is authorized for Client's use and, to Client's knowledge, is functioning and reasonably safe for its intended purpose.
Client shall not knowingly direct AUTO PROS MOBILE DETAILING to use a defective, damaged, overloaded, unauthorized, or unsafe water or electrical connection.
5.6 Customer-Provided Property and Utilities
AUTO PROS MOBILE DETAILING shall not be responsible for pre-existing defects or failures in Client-provided outlets, plumbing, hoses, faucets, electrical systems, driveways, garages, parking surfaces, gates, or other property or utilities.
If AUTO PROS MOBILE DETAILING becomes aware that a customer-provided utility or service area appears unsafe or unsuitable, AUTO PROS MOBILE DETAILING may discontinue its use and require an alternative before continuing the Services.
5.7 Failure to Provide Required Access
If the vehicle, keys, required access, suitable service area, water, electricity, permission to perform the Services, or other Client-provided requirement is unavailable at the scheduled appointment time, AUTO PROS MOBILE DETAILING may delay, modify, reschedule, or cancel the appointment.
Any resulting cancellation, rescheduling, waiting-time, or other applicable charge shall be governed by the cancellation and payment provisions of this Agreement.
5.8 Conditions During Service
Client shall maintain a reasonably safe work area while Services are being performed and shall use reasonable efforts to prevent children, pets, bystanders, vehicles, landscaping equipment, sprinklers, or other hazards from materially interfering with AUTO PROS MOBILE DETAILING personnel, equipment, or the vehicle.
AUTO PROS MOBILE DETAILING may temporarily suspend Services until an unsafe or materially interfering condition has been corrected.
6. APPOINTMENTS; CANCELLATIONS; RESCHEDULING; NO-SHOWS; WEATHER
6.1 Appointment Reservations
AUTO PROS MOBILE DETAILING reserves personnel, equipment, travel time, and service capacity specifically for each scheduled appointment. Client acknowledges that late cancellations, late rescheduling, inability to access the vehicle, and no-shows may prevent AUTO PROS MOBILE DETAILING from accepting other work during the reserved appointment period.
Appointment times and arrival windows are estimates and may be affected by traffic, weather, prior appointments, equipment conditions, staffing, vehicle conditions, and other circumstances. A reasonable delay in arrival or completion shall not constitute a breach of this Agreement.
6.2 Cancellation and Rescheduling by Client
Unless a different cancellation period is expressly disclosed in the applicable Service Order or at the time of booking, Client must provide AUTO PROS MOBILE DETAILING with at least forty-eight (48) hours' notice to cancel or reschedule an appointment without incurring a late cancellation or rescheduling charge.
A cancellation or request to reschedule received less than forty-eight (48) hours before the scheduled appointment may be subject to the cancellation or rescheduling fee disclosed to Client at the time of booking.
6.3 No-Shows and Inability to Perform Services
An appointment may be treated as a late cancellation or no-show if AUTO PROS MOBILE DETAILING arrives at the scheduled service location and is unable to begin or reasonably perform the Services because of circumstances within Client's responsibility or control, including, without limitation:
(a) the vehicle is not present or reasonably accessible;
(b) required keys, key fobs, access codes, or permissions are unavailable;
(c) Client or Client's authorized representative cannot be reached when reasonably necessary to obtain access;
(d) Client has not provided required water, electricity, or another agreed prerequisite for the Services;
(e) AUTO PROS MOBILE DETAILING is denied permission to perform the Services at the designated property;
(f) the service location is materially unsafe, inaccessible, unlawful, or unsuitable and Client cannot provide a reasonable alternative; or
(g) Client otherwise prevents AUTO PROS MOBILE DETAILING from performing the scheduled Services.
In such circumstances, AUTO PROS MOBILE DETAILING may assess the applicable cancellation, no-show, travel, or other charge disclosed at booking or otherwise agreed to by Client.
6.4 Waiting Time
AUTO PROS MOBILE DETAILING is not required to wait indefinitely for Client to provide access to the vehicle or otherwise correct a condition preventing commencement of the Services.
Where AUTO PROS MOBILE DETAILING elects to wait, excessive waiting time caused by Client may reduce the time available for the scheduled Services, delay completion, require rescheduling, or result in an additional waiting-time charge if such charge is disclosed to and authorized by Client.
6.5 Weather and Environmental Conditions
AUTO PROS MOBILE DETAILING may perform Services in varying weather conditions when, in its professional judgment, the Services can be performed safely and effectively.
AUTO PROS MOBILE DETAILING retains sole discretion to delay, modify, suspend, reschedule, or cancel Services because of rain, snow, ice, lightning, excessive heat or cold, high winds, flooding, air-quality conditions, unsafe surfaces, governmental advisories, or other environmental conditions that AUTO PROS MOBILE DETAILING reasonably determines may affect safety, service quality, personnel, equipment, or the vehicle.
Client shall not be charged a Client cancellation fee solely because AUTO PROS MOBILE DETAILING determines that an appointment must be canceled or rescheduled due to weather or another condition outside Client's reasonable control, except where Client independently failed to satisfy an obligation under this Agreement.
6.6 Cancellation or Rescheduling by AUTO PROS MOBILE DETAILING
AUTO PROS MOBILE DETAILING may cancel, delay, or reschedule an appointment because of weather, illness, staffing limitations, equipment malfunction, vehicle conditions, safety concerns, emergencies, operational circumstances, or other reasonable business necessity.
If AUTO PROS MOBILE DETAILING cancels an appointment and does not perform the Services, Client shall not owe a cancellation fee for that cancellation, and any amount prepaid specifically for the unperformed Services shall, at AUTO PROS MOBILE DETAILING's option and subject to applicable law, be refunded or applied as a credit toward a rescheduled appointment.
AUTO PROS MOBILE DETAILING shall not be liable for incidental or consequential losses arising solely from a reasonable cancellation, delay, or rescheduling of Services.
6.7 Deposits and Booking Payments
Any deposit, booking fee, or advance payment requirement shall be disclosed at or before booking.
To the extent permitted by applicable law, a deposit or booking fee identified at the time of booking as non-refundable may be retained and applied toward amounts properly due under this Agreement following a late cancellation, no-show, or other Client-caused failure to proceed with the scheduled Services.
Nothing in this Section permits AUTO PROS MOBILE DETAILING to retain amounts that applicable law requires to be refunded.
6.8 Repeated Cancellations or Scheduling Issues
AUTO PROS MOBILE DETAILING may decline future bookings, require advance payment, require a deposit, modify available payment methods, or terminate the service relationship with a Client who repeatedly cancels, reschedules, fails to appear, fails to provide required access, disputes properly authorized charges, or otherwise materially interferes with AUTO PROS MOBILE DETAILING's ability to schedule and perform Services.
7. PRICING; PAYMENT; STORED PAYMENT METHODS; ADDITIONAL CHARGES
7.1 Service Price
Client agrees to pay the price stated in the applicable Service Order, together with any applicable taxes, fees, add-ons, surcharges, or additional Services authorized or otherwise properly chargeable under this Agreement.
Unless expressly stated otherwise, quoted prices are based upon the information provided by Client at booking, including the vehicle type, size, condition, selected Services, and any conditions disclosed by Client.
7.2 Condition-Based Pricing
Client acknowledges that pricing may be based in part upon the condition of the vehicle as represented at booking.
If the vehicle's actual condition is materially different from the condition represented or reasonably anticipated—including excessive pet hair, sand, mud, staining, debris, contamination, bodily fluids, biological material, excessive soiling, or another condition requiring materially greater labor, products, equipment, or remediation—AUTO PROS MOBILE DETAILING may recommend an additional charge or modification to the Services.
Where reasonably practicable, AUTO PROS MOBILE DETAILING shall inform Client of the additional charge before performing the materially additional work.
If Client declines the additional charge, AUTO PROS MOBILE DETAILING may limit the Services to the originally agreed scope, omit affected areas, discontinue the affected Service, or offer to reschedule or revise the Service Order. Client remains responsible for Services already performed and any other amounts properly due under this Agreement.
7.3 Payment Due
Unless different payment terms are stated in the applicable Service Order, payment is due upon completion of the Services.
AUTO PROS MOBILE DETAILING may require a deposit, booking fee, preauthorization, partial payment, or full advance payment for particular Services, Clients, appointments, or circumstances.
Client shall not withhold payment solely because a stain, odor, scratch, defect, contamination, or other condition was not completely removed or corrected where such result was not expressly guaranteed under this Agreement.
7.4 Authorization to Store Payment Credentials
Where Client elects or is required to provide a debit card, credit card, or other electronic payment method through AUTO PROS MOBILE DETAILING's booking or payment processor, Client authorizes the applicable payment processor to securely store or tokenize the payment credentials in accordance with its own terms and policies.
AUTO PROS MOBILE DETAILING is not required to receive, possess, or retain Client's complete payment-card number in order to initiate an authorized transaction through its payment processor.
7.5 Authorization for Charges
By providing a payment method and accepting this Agreement, Client authorizes AUTO PROS MOBILE DETAILING and its payment processor to charge the payment method provided or validly stored in connection with the applicable Service Order for amounts that Client has agreed to pay, including:
(a) the price of Services and add-ons identified in the Service Order;
(b) applicable sales or other transaction taxes;
(c) deposits, booking fees, or advance payments disclosed at or before booking;
(d) cancellation, late-rescheduling, or no-show charges properly assessed under Section 6 and disclosed at or before booking;
(e) additional Services or condition-based charges subsequently authorized by Client; and
(f) any other specific amount that Client subsequently authorizes AUTO PROS MOBILE DETAILING to charge.
This authorization does not permit AUTO PROS MOBILE DETAILING to impose arbitrary charges or amounts not authorized by Client or otherwise properly due under this Agreement.
7.6 Additional Authorization
Client's authorization of an additional Service or charge may be evidenced by a signed writing, electronic approval, text message, email, recorded approval through the booking platform, or another communication reasonably demonstrating Client's informed authorization.
AUTO PROS MOBILE DETAILING may require payment or authorization before commencing additional work.
7.7 Payment Processing and Preauthorization
AUTO PROS MOBILE DETAILING or its payment processor may place a temporary authorization hold on Client's payment method when disclosed or permitted by the applicable payment arrangement.
A payment authorization or hold is not necessarily a completed charge, and the timing of release of any hold may be determined by Client's financial institution or payment processor.
AUTO PROS MOBILE DETAILING is not responsible for delays by a bank, card issuer, or payment processor in releasing a valid authorization hold.
7.8 Declined or Failed Payments
If a payment method is declined, reversed, expired, invalid, or otherwise fails, Client remains responsible for all amounts properly due.
AUTO PROS MOBILE DETAILING may require an alternative payment method, suspend or decline future Services, require advance payment for future appointments, or pursue other lawful remedies to collect an unpaid balance.
7.9 Chargebacks and Payment Disputes
Client agrees to contact AUTO PROS MOBILE DETAILING promptly regarding any good-faith billing concern so that AUTO PROS MOBILE DETAILING has a reasonable opportunity to investigate and address the matter.
Nothing in this Agreement waives Client's rights under applicable payment-card or consumer-protection law.
However, initiating a chargeback or payment dispute does not extinguish an amount that is otherwise validly owed under this Agreement. AUTO PROS MOBILE DETAILING may provide the applicable financial institution, payment processor, card network, or other dispute administrator with this Agreement, the Service Order, electronic acceptance records, photographs, communications, invoices, service records, and other reasonably relevant information for purposes of responding to a payment dispute.
7.10 Taxes
Client is responsible for all sales, use, or other transaction taxes that AUTO PROS MOBILE DETAILING is legally required to collect in connection with the Services. Such taxes may be added to the quoted or advertised service price where permitted by applicable law.
7.11 Receipts and Electronic Records
Client consents to receiving invoices, receipts, booking confirmations, payment records, and related transaction documents electronically at the telephone number, email address, customer account, or other electronic destination provided by Client.
8. COMPLETION; INSPECTION; SERVICE CONCERNS; DAMAGE CLAIMS
8.1 Completion of Services
Services shall be considered complete when AUTO PROS MOBILE DETAILING has substantially performed the Services identified in the applicable Service Order and has notified Client that the vehicle is ready or the Services have otherwise concluded.
Minor imperfections, conditions that cannot reasonably be corrected through the Services ordered, or results expressly excluded or not guaranteed under this Agreement do not constitute a failure to complete the Services.
8.2 Client Inspection
Client is encouraged to inspect the vehicle promptly upon completion of the Services and, when reasonably available, before AUTO PROS MOBILE DETAILING leaves the service location.
Client should promptly identify any visible concern regarding the Services so that AUTO PROS MOBILE DETAILING has a reasonable opportunity to inspect and, where appropriate, address the concern.
If Client is unavailable for a final inspection, AUTO PROS MOBILE DETAILING may complete the Services and document the vehicle's condition through photographs, video, technician notes, electronic records, or other reasonable means.
8.3 Service-Quality Concerns
If Client believes that an included portion of the Services was materially omitted or improperly performed, Client must notify AUTO PROS MOBILE DETAILING as soon as reasonably practicable and preferably within twenty-four (24) hours after completion.
Notice should identify the specific concern and, where reasonably possible, include photographs or video showing the condition.
Because a vehicle may be used, exposed to weather, driven, occupied, cleaned, altered, or otherwise subjected to conditions outside AUTO PROS MOBILE DETAILING's control following completion, delayed notice may materially impair AUTO PROS MOBILE DETAILING's ability to determine the cause or validity of a claimed service deficiency.
8.4 Opportunity to Inspect and Cure
Before Client engages another detailer, cleaner, repair facility, body shop, contractor, or other third party to correct an alleged deficiency in AUTO PROS MOBILE DETAILING's Services, Client shall provide AUTO PROS MOBILE DETAILING a reasonable opportunity to inspect the claimed condition and, where appropriate, offer a reasonable corrective service.
Where AUTO PROS MOBILE DETAILING determines that an included Service was materially omitted or improperly performed, AUTO PROS MOBILE DETAILING may, where permitted by law and appropriate under the circumstances, reperform or correct the affected portion of the Services at no additional charge.
A complimentary inspection, reinspection, touch-up, or corrective service shall not, by itself, constitute an admission of fault or liability.
8.5 Notice of Alleged Vehicle Damage
If Client believes that the vehicle or Client's property was damaged as a result of the Services, Client shall notify AUTO PROS MOBILE DETAILING promptly after discovery and provide reasonably available information concerning the claim, including photographs, video, the location and nature of the alleged damage, and when the condition was first observed.
Client shall take reasonable steps to prevent additional damage after discovering the claimed condition.
8.6 Preservation and Inspection of Alleged Damage
Client shall provide AUTO PROS MOBILE DETAILING a reasonable opportunity to inspect and document alleged damage before the affected component is repaired, replaced, altered, discarded, refinished, cleaned by another provider, or otherwise materially changed, except where immediate action is reasonably necessary to prevent further damage, address a safety issue, or comply with law.
If immediate repair or mitigation is reasonably necessary, Client should, where practicable, document the condition before such work and preserve relevant invoices, photographs, reports, replaced components, and other evidence.
Failure to provide a reasonable inspection opportunity or preserve reasonably available evidence may be considered in determining whether AUTO PROS MOBILE DETAILING caused the claimed damage and the extent of any resulting loss.
8.7 Investigation of Claims
AUTO PROS MOBILE DETAILING may investigate any service or damage claim using pre-service and post-service photographs or videos, technician observations, vehicle-condition records, Client disclosures, communications, surveillance footage where lawfully available, estimates, invoices, third-party evaluations, and other reasonably relevant evidence.
Client agrees to reasonably cooperate with such investigation.
AUTO PROS MOBILE DETAILING's investigation of a claim, request for additional information, communication with Client, inspection of the vehicle, or referral of the matter to an insurer shall not constitute an admission of fault or liability.
8.8 Repair Estimates and Authorization
Client shall not incur repair expenses on AUTO PROS MOBILE DETAILING's behalf or assume that AUTO PROS MOBILE DETAILING will reimburse a repair, replacement, rental vehicle, loss-of-use expense, diminution-in-value claim, or other cost without AUTO PROS MOBILE DETAILING's prior written approval, except to the extent otherwise required by applicable law.
AUTO PROS MOBILE DETAILING may request one or more written estimates or an independent inspection before determining responsibility for an alleged loss.
8.9 No Automatic Refund
A complaint, dissatisfaction with a non-guaranteed result, or submission of a claim does not automatically entitle Client to a refund, charge reversal, reperformance, repair, replacement, or other compensation.
Any remedy shall depend upon the Services purchased, the condition of the vehicle, the circumstances of the claim, this Agreement, and applicable law.
9. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES; ALLOCATION OF RISK
9.1 Application of Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND ALLOCATIONS OF RISK SET FORTH IN THIS SECTION APPLY TO ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE VEHICLE, ANY SERVICE ORDER, OR THIS AGREEMENT, WHETHER ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR ANY OTHER THEORY OF LIABILITY.
CLIENT ACKNOWLEDGES THAT THE PRICING OF THE SERVICES REFLECTS THE ALLOCATION OF RISK CONTAINED IN THIS AGREEMENT.
9.2 Exclusion of Indirect and Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTO PROS MOBILE DETAILING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR BUSINESS OPPORTUNITIES, LOSS OF INCOME, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, SUBSTITUTE TRANSPORTATION OR RENTAL-VEHICLE EXPENSES, OR DIMINUTION IN VALUE, EVEN IF AUTO PROS MOBILE DETAILING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Limitation of Aggregate Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.5, AUTO PROS MOBILE DETAILING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR SERVICE ORDER SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE TO AUTO PROS MOBILE DETAILING FOR THE SERVICES GIVING RISE TO THE CLAIM; OR
(b) FIVE HUNDRED DOLLARS ($500.00).
THIS LIMITATION APPLIES TO THE AGGREGATE OF ALL CLAIMS ARISING FROM THE SAME SERVICE ORDER OR OCCURRENCE AND SHALL NOT BE MULTIPLIED BY THE NUMBER OF CLAIMS, CLAIMANTS, LEGAL THEORIES, OR ALLEGED DAMAGES.
9.4 No Liability for Certain Conditions
Without limiting Sections 3 and 4, and to the fullest extent permitted by applicable law, AUTO PROS MOBILE DETAILING shall not be liable for loss or damage caused by or resulting from:
(a) a pre-existing, latent, concealed, deteriorated, defective, previously repaired, refinished, modified, or improperly installed condition;
(b) Client's failure to disclose a condition required to be disclosed under this Agreement;
(c) ordinary wear and tear, age, corrosion, deterioration, defective materials, defective workmanship by another person, or manufacturer defects;
(d) incompatibility or failure of aftermarket components, coatings, films, wraps, tint, accessories, modifications, or prior repairs;
(e) Client's acts, omissions, instructions, misrepresentations, or failure to comply with this Agreement;
(f) acts or omissions of third parties not acting on behalf of AUTO PROS MOBILE DETAILING; or
(g) events or conditions outside AUTO PROS MOBILE DETAILING's reasonable control.
9.5 Exceptions Required by Law
NOTHING IN THIS AGREEMENT SHALL EXCLUDE, RELEASE, OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED, RELEASED, OR LIMITED.
Without limiting the foregoing, no provision of this Agreement is intended to exclude liability for fraud, willful misconduct, or any other conduct or remedy for which a contractual exclusion or limitation is prohibited by applicable law.
If applicable law prohibits enforcement of a particular limitation or exclusion contained in this Section as written, that limitation or exclusion shall be enforced to the maximum extent permitted by law.
9.6 Mitigation of Damages
Client shall take reasonable measures to prevent or minimize additional loss after discovering an alleged problem or damage.
AUTO PROS MOBILE DETAILING shall not be responsible, to the extent permitted by law, for additional loss that could reasonably have been avoided through timely and reasonable mitigation.
9.7 Third-Party Repairs and Expenses
Except where immediate action is reasonably necessary to prevent further damage, address a safety concern, or comply with law, Client shall provide AUTO PROS MOBILE DETAILING a reasonable opportunity to inspect an alleged condition before authorizing third-party repairs for which Client intends to seek reimbursement from AUTO PROS MOBILE DETAILING.
No estimate, repair, replacement, rental vehicle, transportation expense, or other third-party cost shall bind AUTO PROS MOBILE DETAILING merely because Client incurred or authorized it.
9.8 Essential Basis of Agreement
Client acknowledges that the limitations and exclusions contained in this Section are a material part of the agreement between Client and AUTO PROS MOBILE DETAILING and form part of the basis upon which AUTO PROS MOBILE DETAILING is willing to provide the Services at the prices charged.
10. INDEMNIFICATION
10.1 Client Indemnification
To the fullest extent permitted by applicable law, Client shall defend, indemnify, and hold harmless AUTO PROS MOBILE DETAILING and its members, managers, officers, employees, technicians, agents, contractors, subcontractors, successors, and assigns (collectively, the “Indemnified Parties”) from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and reasonable attorneys’ fees and expenses arising out of or relating to:
(a) Client’s material breach of this Agreement;
(b) Client’s material misrepresentation or omission concerning Client’s ownership, possession, or authority to authorize Services with respect to the vehicle;
(c) Client’s material misrepresentation or omission concerning Client’s authority to permit AUTO PROS MOBILE DETAILING to enter upon or perform Services at the designated service location;
(d) a hazardous, dangerous, unlawful, or materially defective condition of the vehicle, service location, or Client-provided utility that Client knew or reasonably should have known about and failed to disclose to AUTO PROS MOBILE DETAILING;
(e) Client’s violation of applicable law, property restriction, lease provision, condominium or homeowners’ association rule, parking restriction, or other requirement applicable to Client’s authorization of the Services or use of the service location;
(f) personal property, hazardous materials, unlawful items, animals, or other conditions placed, maintained, or left by Client in or around the vehicle or service location; or
(g) Client’s negligent, reckless, willful, or unlawful act or omission in connection with the Services.
10.2 Exclusion for AUTO PROS MOBILE DETAILING Conduct
Client shall have no obligation under this Section to indemnify an Indemnified Party to the extent a claim is finally determined to have resulted from that Indemnified Party’s negligence, gross negligence, willful misconduct, fraud, or other conduct for which indemnification may not lawfully be required.
Where a claim results from the conduct of more than one person, Client’s indemnification obligation shall apply only to the extent attributable to a matter for which Client is responsible under Section 10.1.
10.3 Notice and Cooperation
An Indemnified Party seeking indemnification under this Section shall provide Client with reasonably prompt notice of a covered third-party claim after becoming aware of it, provided that delayed notice shall relieve Client of its obligations only to the extent Client is materially prejudiced by the delay.
The parties shall reasonably cooperate in the investigation and defense of any covered claim.
10.4 Defense and Settlement
Where Client assumes the defense of a covered claim, Client shall use counsel reasonably acceptable to AUTO PROS MOBILE DETAILING.
Client shall not enter into a settlement that admits wrongdoing by an Indemnified Party, imposes a non-monetary obligation upon an Indemnified Party, restricts an Indemnified Party’s operations, or fails to provide an unconditional release of the applicable Indemnified Parties without AUTO PROS MOBILE DETAILING’s prior written consent, which shall not be unreasonably withheld.
AUTO PROS MOBILE DETAILING may participate in the defense of a covered claim through counsel of its choosing at its own expense, except to the extent applicable law or a conflict of interest requires otherwise.
10.5 Survival
The obligations contained in this Section shall survive completion of the Services, payment, cancellation or termination of a Service Order, and termination of the parties’ service relationship to the extent necessary to give effect to this Section.
11. WARRANTIES; DISCLAIMERS
11.1 Standard of Performance
AUTO PROS MOBILE DETAILING shall perform the Services in a commercially reasonable manner consistent with the scope of the applicable Service Order and subject to the vehicle’s condition, the limitations of the Services ordered, and the terms of this Agreement.
Except for an express written warranty specifically provided by AUTO PROS MOBILE DETAILING for a particular Service, the Services are provided without any guarantee of a particular cosmetic, restorative, protective, or other result.
11.2 No Guarantee of Particular Results
Client acknowledges that detailing results vary substantially based upon factors including vehicle age, mileage, maintenance history, prior repairs, materials, environmental exposure, contamination, deterioration, wear, and pre-existing conditions.
AUTO PROS MOBILE DETAILING does not warrant or guarantee that the Services will:
(a) restore the vehicle or any component to new, like-new, factory, or any previously existing condition;
(b) completely remove or permanently eliminate stains, odors, pet hair, smoke residue, biological contamination, mold, mildew, water spots, mineral deposits, oxidation, etching, scratches, swirls, paint defects, discoloration, fading, corrosion, overspray, sap, tar, adhesive residue, or other contamination or defects;
(c) make scratches, chips, dents, stains, discoloration, wear, deterioration, repairs, or other defects invisible;
(d) prevent contamination, staining, scratching, oxidation, corrosion, fading, water spotting, environmental damage, or ordinary wear from occurring or recurring after the Services; or
(e) produce results identical to photographs, advertisements, demonstrations, prior vehicles, social-media content, or examples of AUTO PROS MOBILE DETAILING’s work.
11.3 Estimates and Representations Regarding Results
Any statement by AUTO PROS MOBILE DETAILING personnel concerning an anticipated improvement, percentage of correction, expected appearance, estimated durability, likely outcome, or similar matter constitutes a professional estimate based upon the information reasonably available at the time and is not a guarantee unless expressly identified in writing as a warranty.
11.4 Protective Products and Coatings
Waxes, sealants, dressings, protectants, ceramic products, coatings, and similar products may be affected by vehicle preparation, surface condition, mileage, storage, washing methods, weather, environmental exposure, chemicals, abrasion, maintenance, and other factors outside AUTO PROS MOBILE DETAILING’s control.
Unless AUTO PROS MOBILE DETAILING expressly provides a written warranty stating otherwise, any description of the anticipated longevity or performance of such a product is an estimate and does not constitute a guarantee that the product will remain effective for a specific period.
11.5 Manufacturer Warranties
Certain products applied or installed by AUTO PROS MOBILE DETAILING may be accompanied by a warranty provided by the product manufacturer.
Any such manufacturer warranty is governed exclusively by its own terms, eligibility requirements, exclusions, maintenance requirements, and claim procedures.
Unless AUTO PROS MOBILE DETAILING expressly assumes such obligation in writing, AUTO PROS MOBILE DETAILING does not independently guarantee a manufacturer’s obligations or performance under a manufacturer-provided warranty.
11.6 Disclaimer of Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY SPECIFICALLY PROVIDED BY AUTO PROS MOBILE DETAILING, AUTO PROS MOBILE DETAILING DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR RESULTS ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
NOTHING IN THIS AGREEMENT DISCLAIMS OR LIMITS ANY WARRANTY OR OTHER RIGHT THAT APPLICABLE LAW DOES NOT PERMIT AUTO PROS MOBILE DETAILING TO DISCLAIM OR LIMIT.
11.7 Third-Party Products and Services
AUTO PROS MOBILE DETAILING may use professional products, equipment, software, payment processors, booking platforms, or other goods or services supplied by third parties.
AUTO PROS MOBILE DETAILING is not responsible for an independent third party’s failure to perform its obligations or for a defect inherent in a third-party product, except to the extent responsibility may not lawfully be excluded or where the loss was independently caused by AUTO PROS MOBILE DETAILING.
11.8 Exclusive Written Warranties
No employee, technician, contractor, representative, advertisement, text message, social-media post, or oral statement may create or modify a warranty on behalf of AUTO PROS MOBILE DETAILING unless the warranty is expressly stated in writing and authorized by AUTO PROS MOBILE DETAILING.
Any express written warranty provided for a particular Service shall be interpreted together with this Agreement. In the event of a direct conflict, the specific written warranty shall control solely with respect to the subject matter of that warranty.
12. PHOTOGRAPHS; VIDEO; SERVICE DOCUMENTATION; MARKETING
12.1 Service and Condition Documentation
Client authorizes AUTO PROS MOBILE DETAILING to photograph, video-record, inspect, and otherwise document the vehicle and its condition before, during, and after the Services.
AUTO PROS MOBILE DETAILING may create, retain, and use such documentation for legitimate business purposes, including documenting pre-existing conditions, documenting Services performed and completed work, quality assurance, technician training, maintaining service records, communicating with Client, investigating complaints or damage claims, responding to payment disputes or chargebacks, communicating with insurers or professional advisers, and establishing, exercising, or defending legal rights or claims.
Such documentation may be retained as part of AUTO PROS MOBILE DETAILING’s business records relating to the applicable Service Order.
12.2 Marketing and Promotional Use
Unless Client requests otherwise in accordance with Section 12.4, Client authorizes AUTO PROS MOBILE DETAILING to photograph and video the vehicle before, during, and after the Services and to use such photographs and videos for lawful advertising, marketing, portfolio, promotional, educational, website, and social-media purposes.
Such use may include before-and-after photographs, photographs or videos depicting the detailing process, completed-work photographs, short-form videos, advertisements, website content, social-media posts, portfolios, and other promotional materials relating to AUTO PROS MOBILE DETAILING and its Services.
AUTO PROS MOBILE DETAILING may reproduce, publish, display, crop, edit, resize, format, combine, and otherwise use such photographs and videos for these purposes.
12.3 Personal and Identifying Information
AUTO PROS MOBILE DETAILING will use reasonable efforts not to intentionally publish Client’s name, telephone number, email address, home address, financial information, registration documents, or other nonpublic personal information in connection with promotional use of vehicle photographs or videos unless separately authorized by Client.
Where reasonably practicable, AUTO PROS MOBILE DETAILING may crop, blur, obscure, or avoid displaying clearly identifiable information such as license plates, residential addresses, registration documents, parking permits, or similar information that unnecessarily identifies Client.
Client acknowledges that the vehicle itself, including its make, model, color, modifications, accessories, license plate if not obscured, or other visible characteristics, may nevertheless be recognizable.
12.4 Client Opt-Out
Client may request that AUTO PROS MOBILE DETAILING not use photographs or videos of Client’s vehicle for advertising, marketing, social-media, or other promotional purposes.
To ensure that the request can be honored before promotional content is prepared or published, Client should communicate the request to AUTO PROS MOBILE DETAILING before or at the time Services are performed.
Upon receiving such a request, AUTO PROS MOBILE DETAILING will not knowingly use photographs or videos of that vehicle for new promotional purposes.
A marketing opt-out does not restrict AUTO PROS MOBILE DETAILING from creating, retaining, or using photographs, videos, or other documentation for the non-promotional business purposes described in Section 12.1.
12.5 Requests Made After Publication
If Client requests an opt-out after photographs or videos have already been published or otherwise used for promotional purposes, AUTO PROS MOBILE DETAILING will use commercially reasonable efforts to discontinue future use and, where reasonably practicable, remove content from digital channels directly controlled by AUTO PROS MOBILE DETAILING.
AUTO PROS MOBILE DETAILING shall not be required to retrieve, recall, or destroy printed materials or content already distributed, reposted, shared, cached, archived, incorporated into completed materials, or otherwise outside AUTO PROS MOBILE DETAILING’s reasonable control, except where required by applicable law.
12.6 Ownership and Compensation
Unless otherwise expressly agreed in writing, photographs, videos, edits, advertisements, and other content created by or on behalf of AUTO PROS MOBILE DETAILING in connection with the Services shall be owned by AUTO PROS MOBILE DETAILING, subject to Client’s rights in Client’s vehicle and applicable law.
Client shall not be entitled to royalties, licensing fees, compensation, approval rights, or other payment arising from an authorized use under this Section.
12.7 No Effect on Services
A Client’s request not to have the vehicle used in promotional materials will not affect the availability, price, or quality of the Services provided to Client.
13. REFUSAL, SUSPENSION, AND TERMINATION OF SERVICES; CLIENT CONDUCT
13.1 Right to Refuse or Terminate Services
Subject to applicable law, AUTO PROS MOBILE DETAILING reserves the right to refuse, suspend, discontinue, or terminate Services or the service relationship with any Client where AUTO PROS MOBILE DETAILING reasonably determines that continuing the Services or relationship would be unsafe, unlawful, impracticable, disruptive, abusive, commercially unreasonable, or otherwise inconsistent with AUTO PROS MOBILE DETAILING’s legitimate business interests.
AUTO PROS MOBILE DETAILING may also decline future bookings from any Client, subject to applicable law.
13.2 Grounds for Refusal, Suspension, or Termination
Without limiting Section 13.1, AUTO PROS MOBILE DETAILING may refuse, suspend, discontinue, or terminate Services or decline future business because of:
(a) abusive, threatening, harassing, discriminatory, intimidating, aggressive, or materially disrespectful conduct toward AUTO PROS MOBILE DETAILING personnel;
(b) conduct that creates or reasonably appears to create a risk to the safety of Client, AUTO PROS MOBILE DETAILING personnel, third parties, vehicles, property, or equipment;
(c) nonpayment, repeated failed payments, or refusal to pay amounts properly due;
(d) fraud, attempted fraud, material misrepresentation, theft, or other dishonest conduct relating to the Services;
(e) repeated cancellations, rescheduling, no-shows, access problems, or other conduct materially interfering with AUTO PROS MOBILE DETAILING’s operations;
(f) material violation of this Agreement or a Service Order;
(g) requests that AUTO PROS MOBILE DETAILING perform work that it reasonably considers unsafe, unlawful, deceptive, inappropriate, or outside the Services it is willing or qualified to provide;
(h) undisclosed hazardous, biohazardous, illegal, or materially unsafe conditions;
(i) material interference with AUTO PROS MOBILE DETAILING personnel while Services are being performed;
(j) attempts to circumvent AUTO PROS MOBILE DETAILING by privately soliciting, engaging, hiring, or paying AUTO PROS MOBILE DETAILING personnel to perform competing or substantially similar detailing services outside AUTO PROS MOBILE DETAILING while such person is providing services through AUTO PROS MOBILE DETAILING;
(k) manipulation or abuse of discounts, promotions, refunds, credits, guarantees, booking systems, payment systems, referral programs, or other Company policies;
(l) repeated or demonstrably bad-faith payment disputes, refund demands, or chargebacks concerning properly authorized charges; or
(m) any other material circumstance that AUTO PROS MOBILE DETAILING reasonably determines makes continuation of the Services or business relationship inappropriate.
13.3 Protection of AUTO PROS MOBILE DETAILING Personnel
Client shall not direct AUTO PROS MOBILE DETAILING personnel to perform work materially outside the authorized Service Order, engage in unsafe conduct, violate law, disregard AUTO PROS MOBILE DETAILING safety procedures, or use products, tools, equipment, or methods that AUTO PROS MOBILE DETAILING has determined should not be used.
AUTO PROS MOBILE DETAILING personnel may stop work and leave the service location where they reasonably believe continued presence or performance presents a safety risk or subjects them to threatening, abusive, or unlawful conduct.
13.4 Direct Solicitation of AUTO PROS MOBILE DETAILING Personnel
Client acknowledges that AUTO PROS MOBILE DETAILING invests resources in recruiting, screening, training, scheduling, managing, marketing, and supplying its personnel.
During an active service relationship with AUTO PROS MOBILE DETAILING, Client shall not knowingly circumvent AUTO PROS MOBILE DETAILING by directly engaging an AUTO PROS MOBILE DETAILING employee or technician to privately perform substantially similar automotive detailing services that the Client obtained or attempted to obtain through AUTO PROS MOBILE DETAILING.
Nothing in this Section prohibits ordinary social interaction, employment discussions unrelated to circumventing AUTO PROS MOBILE DETAILING, or conduct that applicable law does not permit AUTO PROS MOBILE DETAILING to restrict.
13.5 Effect of Termination During Services
If Services are discontinued because of Client’s material breach, unsafe conduct, nonpayment, material misrepresentation, undisclosed hazardous condition, or other circumstance attributable to Client, Client remains responsible for Services already performed and for any other amounts properly due under this Agreement.
AUTO PROS MOBILE DETAILING shall not be required to complete remaining Services while the condition giving rise to suspension or termination continues.
13.6 Client’s Right to Discontinue Services
Client may instruct AUTO PROS MOBILE DETAILING to discontinue Services at any time.
If Client stops Services after work has begun, Client remains responsible for the value of Services already performed, materials specifically consumed or committed for Client’s Service Order where properly chargeable, and any other amounts authorized under this Agreement.
AUTO PROS MOBILE DETAILING does not guarantee that a partially completed detailing or corrective process will produce the appearance or protection that would have resulted from completion of the Service.
13.7 Amounts Previously Paid
Termination or refusal of future Services does not automatically entitle Client to a refund of amounts properly earned, incurred, or non-refundable under this Agreement.
Any refund or credit for Services not performed shall be determined in accordance with the applicable Service Order, this Agreement, and applicable law.
13.8 Survival
Termination or completion of the Services does not affect provisions that by their nature are intended to survive, including provisions concerning payment obligations, photographs and records, claims, limitations of liability, indemnification, dispute resolution, and other accrued rights or obligations.
14. DISPUTE RESOLUTION; GOVERNING LAW; VENUE
14.1 Good-Faith Resolution of Disputes
Before commencing a lawsuit or other formal proceeding arising out of or relating to the Services, a Service Order, or this Agreement, Client and AUTO PROS MOBILE DETAILING agree to make a good-faith effort to resolve the dispute directly.
The party asserting a claim shall provide the other party with written notice reasonably describing the nature of the dispute, the material facts supporting the claim, and the relief requested.
Except where immediate judicial relief is reasonably necessary, the parties shall allow at least thirty (30) days after receipt of such notice to attempt to resolve the dispute before commencing formal proceedings.
Nothing in this Section prevents either party from communicating with an insurer, reporting a matter to a governmental authority, exercising non-waivable statutory rights, or taking reasonable action necessary to preserve a claim or prevent immediate harm.
14.2 Governing Law
This Agreement, each Service Order, and any dispute arising out of or relating to the Services or the relationship between Client and AUTO PROS MOBILE DETAILING shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except to the extent applicable federal law controls.
14.3 Exclusive Forum and Venue
To the fullest extent permitted by applicable law, any lawsuit or judicial proceeding arising out of or relating to this Agreement, a Service Order, or the Services shall be brought exclusively in a state or federal court of competent jurisdiction located in the State of New Jersey.
Where the parties may lawfully agree to a particular county as the exclusive venue, such proceeding shall be brought in the county in which AUTO PROS MOBILE DETAILING maintains its principal place of business at the time the proceeding is commenced, unless applicable law requires another venue.
Each party consents to the personal jurisdiction of such courts and waives any objection to venue to the extent such objection may lawfully be waived.
14.4 Small Claims Proceedings
Nothing in this Agreement prevents either party from bringing an eligible individual claim in a New Jersey court having small-claims jurisdiction, provided the claim remains within that court’s jurisdiction and is brought on an individual basis.
14.5 WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AND AUTO PROS MOBILE DETAILING EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, A SERVICE ORDER, OR THE SERVICES.
EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL PROVISION OF THIS AGREEMENT.
14.6 Individual Claims
To the fullest extent permitted by applicable law, Client and AUTO PROS MOBILE DETAILING agree that claims between them shall be asserted and resolved on an individual basis and not as a purported representative, consolidated, collective, or class proceeding.
Nothing in this Section shall be interpreted to waive a right or remedy that applicable law prohibits the parties from waiving by contract.
14.7 Equitable Relief
Nothing in this Agreement prevents either party from seeking temporary, preliminary, or other equitable relief from a court of competent jurisdiction where such relief is reasonably necessary to prevent immediate or irreparable harm or preserve the status quo pending resolution of a dispute.
14.8 Attorneys’ Fees and Costs
Except where applicable law, court rule, or another express provision of this Agreement provides otherwise, each party shall bear its own attorneys’ fees and litigation expenses.
Nothing in this Section prevents AUTO PROS MOBILE DETAILING from recovering filing fees, court costs, collection costs, attorneys’ fees, or other amounts where such recovery is expressly authorized by applicable law or awarded by a court.
15. FORCE MAJEURE; EVENTS BEYOND REASONABLE CONTROL
15.1 Excused Performance
AUTO PROS MOBILE DETAILING shall not be liable for any delay, interruption, suspension, rescheduling, or failure to perform an obligation under this Agreement to the extent caused by circumstances beyond AUTO PROS MOBILE DETAILING’s reasonable control and not resulting from AUTO PROS MOBILE DETAILING’s failure to exercise commercially reasonable care (a “Force Majeure Event”).
15.2 Force Majeure Events
Force Majeure Events may include, without limitation:
(a) severe or unsafe weather conditions, storms, flooding, snow, ice, lightning, excessive heat or cold, wildfire, or other natural events;
(b) fire, explosion, natural disaster, or other casualty;
(c) widespread power, water, telecommunications, internet, or utility outages;
(d) governmental orders, emergency declarations, road closures, travel restrictions, quarantines, or changes in law materially affecting performance;
(e) epidemics, pandemics, or public-health emergencies;
(f) civil unrest, acts of terrorism, war, or other significant public emergencies;
(g) material transportation disruptions or road conditions preventing reasonable access to the service location;
(h) widespread or material failure of third-party communications, booking, payment-processing, or technology infrastructure;
(i) unexpected interruption in the availability of essential supplies or equipment resulting from circumstances outside AUTO PROS MOBILE DETAILING’s reasonable control; and
(j) other comparable circumstances beyond AUTO PROS MOBILE DETAILING’s reasonable control that make performance impossible, unlawful, unsafe, or commercially impracticable.
15.3 Effect of Force Majeure Event
During a Force Majeure Event, AUTO PROS MOBILE DETAILING may delay, suspend, modify, relocate, or reschedule affected Services to the extent reasonably necessary.
AUTO PROS MOBILE DETAILING will use commercially reasonable efforts to notify affected Clients and resume or reschedule Services when reasonably practicable.
15.4 Payment for Services Performed
A Force Majeure Event does not relieve Client of the obligation to pay for Services already performed or other amounts properly earned before the Force Majeure Event.
If AUTO PROS MOBILE DETAILING is unable to perform prepaid Services because of a Force Majeure Event and the Services cannot reasonably be rescheduled, any amount paid specifically for Services that were not performed shall be handled in accordance with this Agreement and applicable law.
15.5 No Liability for Consequential Loss
To the fullest extent permitted by applicable law, AUTO PROS MOBILE DETAILING shall not be liable for loss of use, substitute transportation, lost income, lost business, inconvenience, or other incidental or consequential loss arising solely from a delay, suspension, cancellation, or rescheduling caused by a Force Majeure Event.
16. GENERAL PROVISIONS
16.1 Entire Agreement
This Agreement, together with the applicable Service Order and any additional written terms expressly incorporated into either, constitutes the entire agreement between Client and AUTO PROS MOBILE DETAILING concerning the applicable Services and supersedes all prior or contemporaneous discussions, communications, representations, understandings, proposals, or agreements concerning those Services.
Client acknowledges that Client has not relied upon any representation, promise, or guarantee concerning the Services that is not contained in this Agreement, the applicable Service Order, or an express written warranty issued by AUTO PROS MOBILE DETAILING.
16.2 Order of Precedence
If a provision of an applicable Service Order expressly conflicts with this Agreement, the Service Order shall control solely with respect to that particular Service Order and solely to the extent of the conflict.
An express written warranty issued by AUTO PROS MOBILE DETAILING shall control over this Agreement solely with respect to the specific subject matter covered by that warranty.
16.3 Amendments and Updates
AUTO PROS MOBILE DETAILING may revise these Terms and Conditions from time to time.
Unless otherwise permitted by applicable law and expressly agreed by the parties, a revision shall apply prospectively to Services booked after the revised Terms and Conditions become effective and shall not retroactively modify the terms governing a previously accepted Service Order.
The version of this Agreement accepted by Client in connection with a particular Service Order shall govern that Service Order.
16.4 Severability and Reformation
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law and, where legally permissible, construed or modified to most closely accomplish its intended lawful purpose.
The remaining provisions of this Agreement shall remain in full force and effect unless applicable law requires otherwise.
16.5 No Waiver
AUTO PROS MOBILE DETAILING’s failure or delay in exercising or enforcing any right, remedy, requirement, or provision of this Agreement shall not constitute a waiver of that or any other right, remedy, requirement, or provision.
A waiver concerning one Service Order, occurrence, Client, or circumstance shall not constitute a continuing waiver or a waiver concerning any other Service Order, occurrence, Client, or circumstance.
16.6 Assignment
Client may not assign or transfer Client’s rights or obligations under a Service Order or this Agreement without AUTO PROS MOBILE DETAILING’s prior written consent, except where applicable law provides otherwise.
AUTO PROS MOBILE DETAILING may assign or transfer this Agreement or a Service Order in connection with a merger, conversion, reorganization, sale of substantially all relevant assets, transfer of the business, change in ownership, or transfer to an affiliate or successor entity, subject to applicable law.
16.7 Successors and Permitted Assigns
Subject to the restrictions on assignment contained in this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
16.8 Independent Business Relationship
Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency relationship, employment relationship, franchise, or other special relationship between Client and AUTO PROS MOBILE DETAILING.
AUTO PROS MOBILE DETAILING is an independent service provider engaged by Client solely to perform the Services identified in the applicable Service Order.
16.9 Electronic Communications
Client consents to receiving communications relating to bookings, estimates, Services, scheduling, payments, invoices, receipts, service updates, claims, and this Agreement electronically, including by email, text message, customer portal, booking platform, or other electronic means provided by Client or ordinarily used in connection with the Services.
This Section does not constitute consent to receive advertising or marketing communications where separate consent is required by applicable law.
16.10 Electronic Signatures and Records
Client agrees that electronic signatures, electronic acceptance, checkbox acceptance, electronic records, and electronic communications may be used in connection with this Agreement and the Services.
To the fullest extent permitted by applicable law, Client agrees that an electronic signature or affirmative electronic acceptance shall have the same force and effect as a handwritten signature.
The parties agree that electronic records maintained in the ordinary course of business may be used to establish the existence and terms of a Service Order, acceptance of this Agreement, communications between the parties, authorization of additional Services or charges, and other matters relating to the transaction.
16.11 Notices
Any notice required under this Agreement may be delivered by email, text message, booking platform, customer portal, personal delivery, or another method reasonably calculated to provide actual notice, except where applicable law requires a particular method of notice.
Client is responsible for maintaining accurate contact information with AUTO PROS MOBILE DETAILING.
A notice to AUTO PROS MOBILE DETAILING shall be sent using the contact information published by AUTO PROS MOBILE DETAILING on its official website or booking platform at the time notice is provided.
16.12 Headings
Section titles and headings are included solely for convenience and organization and shall not limit or otherwise affect the interpretation of this Agreement.
16.13 Interpretation
As used in this Agreement, the words “including,” “includes,” and similar terms mean “including without limitation” unless the context clearly requires otherwise.
Words in the singular include the plural and vice versa where appropriate.
This Agreement shall be interpreted according to its fair meaning and not strictly for or against either party solely because that party or its representative prepared or proposed the Agreement.
16.14 No Third-Party Beneficiaries
Except for persons expressly entitled to protection under the indemnification, limitation-of-liability, or other provisions of this Agreement, nothing in this Agreement is intended to create enforceable rights in any person or entity that is not a party to the applicable Service Order.
16.15 Survival
Any provision that by its nature is intended to continue after completion, cancellation, expiration, or termination of the Services or the parties’ relationship shall survive, including provisions relating to payment, records and documentation, warranties and disclaimers, claims, indemnification, limitations of liability, dispute resolution, governing law, and accrued rights and obligations.
16.16 Compliance With Applicable Law
Nothing in this Agreement is intended to waive, restrict, disclaim, or limit any right, obligation, warranty, remedy, or liability that applicable law prohibits the parties from waiving, restricting, disclaiming, or limiting.
If applicable law provides Client with a non-waivable right or remedy inconsistent with a provision of this Agreement, applicable law shall control solely to the extent of that inconsistency.
17. CLIENT ACKNOWLEDGMENTS; ELECTRONIC ACCEPTANCE
17.1 Acknowledgment of Material Terms
BEFORE ACCEPTING THIS AGREEMENT, CLIENT ACKNOWLEDGES AND AGREES THAT:
(a) Client has been provided access to this Agreement and has had an opportunity to review its terms before booking the Services;
(b) automotive detailing involves inherent risks and AUTO PROS MOBILE DETAILING does not guarantee that the Services will restore the vehicle to new, like-new, factory, or any particular condition;
(c) Client is responsible for disclosing known prior repairs, repainting, refinishing, PPF, wraps, coatings, tint, modifications, defects, loose or deteriorated components, electrical or mechanical problems, water intrusion, and other conditions that may affect the Services;
(d) Client authorizes AUTO PROS MOBILE DETAILING personnel to access, start, operate, and reposition the vehicle and to operate vehicle systems when reasonably necessary to perform the Services;
(e) Client is responsible for providing the vehicle, access, permissions, service location, and any Client-provided utilities required under this Agreement;
(f) late cancellations, late rescheduling, no-shows, or Client-caused inability to perform the Services may result in charges as disclosed at booking;
(g) where Client provides or maintains a payment method through AUTO PROS MOBILE DETAILING’s payment processor, Client authorizes charges to that payment method only as provided in Section 7 of this Agreement;
(h) AUTO PROS MOBILE DETAILING may photograph, video-record, inspect, and document the vehicle before, during, and after the Services for the purposes described in Section 12;
(i) unless Client requests otherwise, photographs or videos of the vehicle may be used by AUTO PROS MOBILE DETAILING for advertising, portfolio, website, social-media, educational, and other promotional purposes as provided in Section 12;
(j) Client must promptly notify AUTO PROS MOBILE DETAILING of service concerns or alleged damage and provide AUTO PROS MOBILE DETAILING a reasonable opportunity to inspect an alleged condition as provided in Section 8;
(k) THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS AND EXCLUSIONS OF LIABILITY THAT MAY AFFECT CLIENT’S RIGHTS AND REMEDIES, INCLUDING THE PROVISIONS OF SECTIONS 9 AND 11;
(l) THE AGREEMENT CONTAINS PROVISIONS GOVERNING DISPUTES, GOVERNING LAW, VENUE, JURY TRIALS, AND INDIVIDUAL CLAIMS IN SECTION 14; and
(m) Client has reviewed and voluntarily accepts these terms as part of the agreement to receive Services from AUTO PROS MOBILE DETAILING.
17.2 Electronic Signature and Acceptance
BY CHECKING THE ACCEPTANCE BOX AND SUBMITTING THE BOOKING, CLIENT AFFIRMATIVELY ACCEPTS THIS AGREEMENT AND INTENDS THE ELECTRONIC ACCEPTANCE TO CONSTITUTE CLIENT’S LEGALLY BINDING ELECTRONIC SIGNATURE.
CLIENT AGREES THAT ELECTRONIC ACCEPTANCE OF THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS EXECUTING A PAPER AGREEMENT BY HAND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17.3 Ability to Retain Agreement
Client should be provided a reasonable means to access, download, print, save, or otherwise retain a copy of the Agreement applicable to Client’s booking.
AUTO PROS MOBILE DETAILING may maintain electronic records reflecting the version of the Agreement presented to Client, Client’s acceptance, the date and time of acceptance, the applicable Service Order, and other transaction information.
17.4 Acceptance Required Before Services
AUTO PROS MOBILE DETAILING may require acceptance of this Agreement before confirming a booking or commencing Services.
If Client does not accept this Agreement, AUTO PROS MOBILE DETAILING shall have no obligation to accept or perform the requested Services.