RecNation Washing & Repair Services – Terms & Conditions

Summary

This Washing & Repair Services Agreement, which includes this Summary and the attached Terms and Conditions (the “Agreement”), is made and entered into as of the date the services form was submitted through RecNation’s online Booking Platform (the “Effective Date”), by and between RecRepair, LLC (the “Service Provider”) and the vehicle Owner (“Owner”) identified in the submission form. 

The Parties have entered into this Agreement as of the Effective Date. By clicking the appropriate check box on the Booking Platform, this Agreement and the Terms and Conditions hereto will become a binding contract upon the vehicle Owner and RecRepair, LLC. You agree that your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By clicking the appropriate checkbox on the Booking Platform, RecRepair, LLC and the vehicle Owner acknowledge that they has reviewed this Agreement in its entirety and agrees to all of the terms and conditions of this Agreement.

Terms and Conditions

These Terms and Conditions and any related work orders entered into on the Booking Platform, by email, or by phone (“Work Orders”) are part of the Agreement between Owner and Service Provider and are referred to collectively with the Summary. All capitalized terms used but not defined in these Terms and Conditions have the meanings given to such terms in the Summary.

1. Overview of Washing & Repair Services Program.

1. Purpose. Service Provider performs vehicle cleaning, washing, maintenance, repair modification, valet and related services, as further described in this Agreement (the “Services”), for Owners seeking to prepare vehicles for their personal usage (collectively, the “Washing & Repair Services Program”). Owner desires to participate in the Washing & Repair Services Program pursuant to this Agreement with respect to the Vehicle described in the Summary. 

• Description of Services.

• Services. Service Provider, or a contracted third party vendor, will perform Services for Owner as set forth in the Work Orders or on Service Provider’s Booking Platform, and Owner authorizes Service Provider to perform such Services, which may include, but are not limited to the following:  

• Vehicle cleaning, washing and other services. At Owner’s request, the Service Provider may perform vehicle cleaning, washing, winterization, and other similar services, such as power washing the exterior of the Vehicle, cleaning sheets, sanitizing and cleaning interior, cleaning bathroom, kitchen, and appliances, filling the gas/propane, and checking the tire pressure and oil to prepare the Vehicle for Owners personal usage. Emptying the dump tank may or may not be included depending on the facility.

• Maintenance, repairs and modifications. At Owner’s request, Service Provider may perform maintenance and repairs to the Vehicle, which may include, regular/preventive inspection of the generator, checking the oil, inspecting the muffler, checking overall condition, checking/maintaining all fluid levels, checking running lights, checking interior lights, visual inspection of tires, checking appliances and installation, replacement  and repair of parts and accessories. To the extent Service Provider elects to perform such maintenance, repairs or modifications in accordance with Owner’s request, Service Provider will follow recommended maintenance schedules published by the Vehicle manufacturer. Service Provider agrees to provide Owner with a list of all such maintenance, repairs or modifications performed along with the costs thereof and to contact Owner in advance of performing any such maintenance, repairs, or modifications estimated to exceed $250.00 in any calendar month during the Term.

• Valet and Vehicle delivery. At Owner’s request, Service Provider may deliver the Vehicle to the Vehicle’s Storage Unit or to another location identified by the Owner.

• Drop-off Trust Center. At Owner’s request the Vehicle may be dropped off at a designated trust center to be picked up by either the Owner or Renter. Manager or it’s independent contractors, service providers or its representatives may operate, move or deliver the Vehicle to Renters or Owners during the course of performing the Services. Owner authorizes Manager to use a tow vehicle to move or deliver the Vehicle to Renters. Owner must provide Service Provider with the keys to the Vehicle and all hookups and appropriate equipment to tow the Vehicle and perform the Services.

• Vehicle Turnover.  When the Owner wishes to engage in the Services, the Owner will schedule the appropriate services with the Service Provider through a scheduling platform, phone, or email. On the scheduled date, the Vehicle must be returned to its associated storage unit (the “Vehicle’s Storage Unit”). Unless the Service Provider notifies the Owner otherwise, the Service Provider will have until 5:00 p.m. local time on the delivery date indicated on the scheduling platform to complete the Services.

• Storage and Operation of Vehicle. Service Provider will store the Vehicle on Service Provider’s premises in accordance with Owner’s then-current storage agreement with Service Provider or one of its affiliates with respect to the Vehicle (the “Storage Agreement”). Service Provider’s personnel, independent contractors, service providers and representatives may operate, move, or deliver the Vehicle to the Vehicle’s Storage Unit or to another location identified by the Owner during the performance of the Services. For the avoidance of doubt, this may be a location off of the premises operated by the Service Provider. Owner authorizes Service Provider to use a tow vehicle to move or deliver the Vehicle to Renters.

• Personnel, Subcontractors, Etc. Service Provider may engage personnel, independent contractors, service providers and its representatives to provide any of the Services at Service Provider’s sole discretion. The contractors or representatives hired to complete the job may perform the services on behalf of the Service Provider at any time.

• Owner’s Responsibilities.

• Pre-Work Inspection and Condition. Prior to performing the Services, before the Owner leaves Service Provider’s premises or the place of delivery, as applicable, a representative of Service Provider will meet with the Owner to conduct an inspection. The Owner will complete and sign a check-out form that notes the status/condition of the Vehicle, including any deficiencies, at this time. Prior to the scheduled Services, Owner will provide Service Provider all necessary vehicle equipment including, but not limited to, power extension cords, adapters, dump pipes, and water hoses to perform the requested Services. To the extent the Service Provider is expected to perform a task without the Owner’s equipment, Owner will pay Service Provider a fee for such equipment via a direct charge to Owner’s credit card.

• Access. Owner shall provide Service Provider with unlimited access and keys to the Vehicle and the applicable storage unit as necessary to perform the Services at all times during the Term.

• Insurance.  Owner will provide and maintain continuously throughout the Term comprehensive collision and liability insurance for the full replacement value of the Vehicle at Owner’s sole expense. Such insurance will also cover storage of the Vehicle on the Owner’s premises.

• Payments

• Fees Charged by Service Provider. Service Provider will charge and collect from Owners specified reservation deposits, equipment rental fees, taxes, cancellation fees, cleaning fees, repair and modification costs, including parts and labor and other fees as Service Provider determines to be appropriate and reasonable as described below. If the costs of the Services are not specified or estimated on the scheduling platform used to schedule the Services or the Work Order, prior to performing any of the Services, Service Provider may make an assessment of the Vehicle’s condition and prepare an estimate of the fees to perform such Services, including any parts and labor. The Owner acknowledges that final costs may vary from any estimate provided. In consideration for Service Provider providing the Services, Owner will pay Service Provider the following fees and expenses:

• Maintenance, repairs or modifications.  Maintenance, repairs or modifications, including labor and parts performed or supplied by Service Provider’s personnel, independent contractors, service providers and representatives on Owner’s behalf.

• Vehicle cleaning, washing and other services. Services performed by the Service Provider on Owner’s behalf, including, but not limited to, valet parking and delivery services, power washing the exterior of the Vehicle, cleaning sheets, sanitizing and cleaning interior, cleaning bathroom, kitchen, and appliances.

• Equipment purchase, equipment rental, parts and accessories. Equipment may be provided by the Service Provider to the Owner in order to provide Services. The equipment will either be rented or purchased for the services performed and the amount will be charged via a direct charge to Owner’s credit card. Parts and accessories obtained by the Service Provider to perform the Services will be charged via a direct charge to Owner’s credit card.

• Reservation Deposit: A deposit prior to performance of the Services may be required. The amount deposited prior to performance of the Services will be put toward the Services. For any Services cancelled within 24 hours, Service Provider will use the reservation deposit as a cancellation fee.

• Vehicle Transfer and Storage.  Vehicle transfer charges, as well as storage charges shall be made in accordance with the Storage Agreement.  Owner agrees to abide by the Storage Agreement to keep the Vehicle stored at Service Provider’s premises designated by Service Provider during the Term of this Agreement.  Owner’s eligibility to participate in the Washing & Repair Services Program is contingent upon Owner’s timely payment of all storage charges in accordance with the Storage Agreement. In the event of any late storage payment, Service Provider reserves the right to pause Owner’s services immediately and remove their Vehicle from the Washing & Repair Services Program.

• Vehicle Delivery. The Service Provider will deliver the vehicle to the Storage Unit or to another location identified by the Owner. The charges for delivery will be determined by the distance traveled.

All fees charged by Service Provider will be charged directly to Owner’s credit card (with the exception of any storage fees charged to Owner pursuant to the Storage Agreement, which shall be governed by such Storage Agreement).

• Parking and Holdover. Manager may charge nightly holdover rates, if the Vehicle is stored on its or any of its affiliate’s premises for more than one night after performance of the Services or drop-off at the Drop-off Trust Center.

• Term and Termination.

• Term.  The “Initial Term” of this Agreement begins on the Effective Date and ends on the two-year anniversary of the Effective Date. Unless earlier terminated in accordance with this Section, and unless either Party provides the other Party with written notice of non-renewal at least 60 days prior to the expiration of the Initial Term or the then current Renewal Term (as defined below), this Agreement shall automatically renew for successive one-year renewal terms (each a “Renewal Term”, and together with the Initial Term, the “Term”).  

• Owner Termination.  Owner may, for any reason and at any time, terminate this Agreement by providing written notification to Service Provider at least 60 days prior to the date of termination. 

• Service Provider Suspension or Termination. Service Provider may, for any reason and at any time, terminate this Agreement by providing written notification to Owner at least 60 days prior to the date of termination.  In addition, Service Provider may, in its sole discretion and without liability to either Party, with or without cause, for any reason or no reason at all, and upon written notice, suspend or terminate Owner’s participation in the Washing & Repair Services Program; or modify or discontinue, temporarily or permanently, any portion of the Services. 

• Authority and Eligibility.  Owner represents, warrants and covenants that:

• Authority and Capacity.  Owner is the legal registered owner of the Vehicle and has the full right and legal authority and capacity to execute, enter into, and fully perform this Agreement in accordance with its terms. 

• No Conflict. By entering into this Agreement, Owner will not be in violation of the terms, covenants, or conditions of any agreements between it and any third parties, including but not limited to lenders claiming a security interest in the Vehicle or insurance carriers providing insurance coverage for the Vehicle, regarding, among other things, the reason for the purchase of the Vehicle or its intended use.

• Condition of the Vehicle.  The Vehicle is in sound mechanical condition and is both safe and legal to operate on public highways in the United States.  All modifications to, accessories added to, or work performed on the Vehicle (including the coach, the engine, transmission, generator, or any other working parts) have been and shall be completed in a professional and workmanlike manner, and Owner shall hold Service Provider harmless of and from any damages or claims, foreseeable or otherwise, caused by such modifications, accessories, and/or additions.

• Compliance with Laws. The Vehicle is currently, and will remain, in compliance with the requirements of all applicable laws and governmental regulations. The Vehicle has never been used for purposes that violate any federal, state, or local law or ordinance. No modifications have been made to the Vehicle that would make it illegal to operate in the 48 contiguous states. Owner has obtained and will maintain in full force and effect all required permits, licenses, or permissions with respect to the Vehicle and will be fully responsible for paying any fines, penalties, or other costs of noncompliance with any applicable law or governmental regulation.

• Warranty, Warranty Pass-Through, Indemnification and Limitation of Liability.

• Warranty and Disclaimer. Service Provider provides no warranty for the Services it provides directly. The warranty of any accessories, parts, equipment, or third-party services provided will pass through to the Owner to the extent permitted, with no liability or obligations to Service Provider. EXCEPT AS PROVIDED HEREIN, SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE GOODS AND SERVICES HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IF OWNER IS NOT SATISFIED WITH THE SERVICES SERVICE PROVIDER PROVIDES DIRECTLY, THEN, AT SERVICE PROVIDER’S ELECTION, SERVICE PROVIDER MAY RE-PERFORM THE SERVICES WITHIN A REASONABLE TIME, PROVIDED THAT OWNER HAS NOTIFIED SERVICE PROVIDER OF ITS DISSATISFACTION WITHIN 10 DAYS OF THE DATE SERVICES ARE PROVIDED. THESE REMEDIES AND TERMINATION PURSUANT TO SECTION 7.3 ARE OWNER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY OR UNSATISFACTORY SERVICES.

• INDEMNIFICATION. OWNER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD SERVICE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF THE MANAGED RENTAL PROGRAM, THE OWNER’S USE OF THE SERVICES, ANY PERSONAL INJURY, PROPERTY DAMAGE, DAMAGES TO THE VEHICLE, OR LOSS OF USE OF THE VEHICLE OR OTHERWISE RELATING TO THE BUSINESS SERVICE PROVIDER CONDUCTS (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION, OR DISPUTE BETWEEN OWNER AND ANY RENTER, OTHER USER OR THIRD PARTY), OR ANY BREACH BY OWNER OF THIS AGREEMENT OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY OWNER HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS, whether or not such claims, losses, damages, or injurIES wERE caused IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY INDEMNIFIED PARTY OR SERVICE PROVIDER’S EMPLOYEES OR AGENTS, EXCEPT TO THE EXTENT ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SERVICE PROVIDER. OWNER SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. NOTWITHSTANDING THE FOREGOING, OWNER WILL HAVE NO OBLIGATION TO INDEMNIFY OR HOLD HARMLESS ANY INDEMNIFIED PARTY FROM OR AGAINST ANY LIABILITY, LOSSES, DAMAGES, OR EXPENSES INCURRED AS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNIFIED PARTY.

• LIMITATION OF LIABILITY. IN NO EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE SERVICES, (B) THIS AGREEMENT, OR (C) ANY BREACH OF THIS AGREEMENT BY OWNER OR A THIRD PARTY.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  IF OWNER IS DISSATISFIED WITH THE SERVICES, DOES NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAS ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SERVICE PROVIDER, ANY THIRD-PARTY PROVIDER OR ANY RENTER WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST SERVICE PROVIDER, EXCEPT FOR THE REMEDIES SET FORTH IN SECTION 7.1, IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SERVICES. IN ALL EVENTS, SERVICE PROVIDER’S LIABILITY, AND THE LIABILITY OF ANY INDEMNIFIED PARTY, TO OWNER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE MANAGED RENTAL PROGRAM IS LIMITED TO THE AMOUNT OF FEES OWNER PAID TO SERVICE PROVIDER IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

• Additional Limitations. Without limiting the foregoing, Owner acknowledges and agrees as follows:

• Personal Property.  Service Provider shall not be liable for any losses, thefts, or damage to Owner’s personal property or possessions resulting from any person or personnel who is not involved in the Washing & Repair Services Program. Any personal property or possessions stored in or left in the Vehicle should not be left unsecured.  Owner will not leave materials of a nature unsuitable or unsafe for use in the Vehicle.

• Marketing. Owner permits the Service Provider to take pictures of the Vehicle, the process involved in performing the Services, and any operations of its business with the Vehicle or other equipment in order to promote and market the Washing & Repair Services Program.

• Cancellations. Although Owners may confirm reservations, reservations are not guaranteed and are subject to cancellation due to circumstances that are beyond Service Provider’s control. If reservations are cancelled within 24 hours of when the services are to performed, the reservation deposit used upon scheduling will be used as a fee. Service Provider reserves the right to cancel or reschedule the performance of Services. If Service Provider needs to cancel or reschedule, Service Provider shall either, in its sole discretion, refund the reservation deposit or apply the reservation deposit towards the rescheduled or a future appointment.

• Vehicle Failure. In the event the Vehicle fails while cleaning, or during the performance of Services, transportation, or delivery, the Service Provider will not be responsible for failure or payment or such issues. The cost to both, transport the Unit to a qualified repair facility, and affect the necessary repair or the cost of retrieving and returning the Vehicle to Service Provider’s main location where the Vehicle is normally stored will be the Owner’s responsibility.

• Movement, Operation, and Delivery of Vehicle. Owner acknowledges that the Vehicle may be operated by Service Provider’s personnel, independent contractors or representatives and agrees to hold Service Provider harmless for injuries or damages that may occur in the course of Service Provider’s personnel operating, moving or delivering the Vehicle during the course of performing the Services or that may occur on any of Service Provider’s or its affiliates properties, including, but not limited to the Drop-off Trust Center.

• Survival.  This Section 7 shall survive the termination or expiration of this Agreement.

• Miscellaneous.

• Entire Agreement.  This Agreement constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings or agreements, whether written or oral.

• Parties’ Relationship. The relationship between the Parties to this Agreement is that of independent contractors. No partnership, franchise, joint venture, or other relationship is created or intended to be created.  Owner has no authority to obligate or bind Service Provider without Service Provider’s express written permission.

• Promotion and Marketing. Service Provider may take photographs of the interior and exterior of the Vehicle and use such photographs to promote, and market its Services, including creating and placing photographs in marketing material and advertisements. Service Provider may also, with express permission from Owner, take photographs of the Owner for such promotion and marketing purposes.

• Notices.  All notices shall be in writing and shall be delivered (a) personally (effective upon delivery), (b) by email (with confirmation of receipt), or (c) by registered or certified mail, return receipt requested (effective upon receipt as indicated in such return receipt), in each case to the address set forth in the Summary. A Party may change its notice address by giving the other Party notice of such change in accordance with this Section.

• Governing Law; Venue.  This Agreement shall be interpreted and enforced according to the laws of the State of Texas without application of its conflicts or choice of law rules. Subject to the following paragraph related to dispute resolution, both parties irrevocably submit to the jurisdiction of the state or federal courts located in Dallas County, Texas, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction, forum or venue of the state court located in such court.

• Dispute Resolution. If a dispute arises out of, or related to, this Agreement, or due to a breach or alleged breach thereof, and if said dispute cannot be resolved through discreet good faith discussions, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of, or relating to, this Agreement, or breach or alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. All fees and expenses of the mediation and/or arbitration shall be borne by the Parties equally; provided, however, that each Party shall bear the expense of its own counsel.

• Severability.  If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law and the remaining provisions shall remain in full force and effect.

• Waiver. No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement and signed by an authorized representative of the Party waiving its right. The following do not constitute waiver: (a) any failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under this Agreement; or (b) any act, omission or course of dealing between the Parties.

• Assignment; Successors and Assigns.  Owner may not assign this Agreement or any right or interest herein, in whole or in part, without Service Provider’s prior written consent. This Agreement will be fully binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and permitted assigns. Nothing contained in this Agreement shall give, or is intended to give, any rights to any third party.

• Amendment.  Service Provider reserves the right to modify this Agreement at any time in accordance with this provision. If Service Provider makes changes to this Agreement, Service Provider will provide Owner with notice of the modifications by email at least 30 days before the date they become effective. If Owner disagrees with the revised Agreement, Owner may terminate this Agreement pursuant to Section 5. If Owner does not provide notice of termination before the date the modifications become effective, Owner’s continued access to or use of the Services will constitute acceptance of the revised Agreement.

• Execution and Delivery.  This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. In addition to any other lawful means of execution or delivery, this Agreement may be executed by electronic signatures and delivered by means of electronic transmission.