Booking Terms and Conditons | Maryland Auto Spa

SERVICES. Maryland Auto Spa, LLC (“Detailer”) shall provide the automotive detailing services listed(“Work”) in conjunction with these Terms and Conditions (“Agreement”) to Client’s vehicle (“Vehicle”). All vehicles are subject to inspection before the Work is performed. Detailer and Client shall complete the Vehicle Inspection Form, listed in conjunction with this Agreement, before any Work shall begin and Client affirms that the damage reported is true and accurate. Client agrees to truly and accurately report to the Detailer any damage to the Vehicle done prior to the Work. Detailer is not responsible for any damage reported by the Client prior to the Work nor any other damage to the Vehicle while in Detailer’s care. Detailer does not 100% guarantee the removal of pet hair, sap, stains, odors, bug remains, or scratches. Client authorizes Detailer to operate the Vehicle, as Detailer deems necessary, to perform the Work. If Client designates a person to act on Client’s behalf, Client agrees that this person is Client’s agent with full authority to act on Client’s behalf with respect to such services and the Vehicle.

PAYMENT FOR SERVICES. Detailer will charge the fee listed in conjunction with this Agreement to perform the Work. The deposit listed is due upon delivering the Vehicle to Detailer. The deposit is NON-REFUNDABLE. The remaining balance is due upon completion of the Work and must be paid before the Vehicle will be released. A fee of thirty dollars ($30) will be charged for a non-sufficient fund check returned by the bank to Detailer. Overdue accounts will be charged interest at a rate of 18% per annum. In the event an account requires legal or collection action, Client agrees to pay all cost of collection without limitation, including reasonable attorney fees, expert fees, court costs, and expenses.

RESCHEDULING. With notice from the Client given at least 72 hours prior to the appointment, Detailer can move the appointment to a new date without the payment of a new deposit. With less than 72 hours notice, Detailer will move the appointment to a new date with the Client’s payment of a new deposit. A second rescheduling will require the Client to pay the Detailer the full amount of the detail payment in order to reschedule. THIS PAYMENT IS ALSO NON REFUNDABLE.

SURVEILLANCE EQUIPMENT IN VEHICLES AND ON DETAILER’S PREMISES: Due to the rising popularity of cameras, microphones, listening devices and other audio/visual surveillance equipment or devices(“Surveillance Equipment”) in customer’s vehicles, Detailer has created a policy to protect its employee’s privacy and Detailer’s trade secrets. It is the policy of Detailer to unplug or turn off any Surveillance Equipment to protect the privacy of its employees and Detailer’s trade secrets. Client, by signing this agreement, agrees to have Detailer unplug and/or turn off any Surveillance Equipment in the Vehicle. Client releases and waives all claims, liabilities, causes of action, whether known or unknown, against Detailer unplugging and/or turning off any Surveillance Equipment. Detailer incorporates and uses cameras and other audio/visual Surveillance Equipment on its premises at all times for security purposes. Client agrees to the use of Surveillance Equipmentby Detailer and Client releases and waives all claims, liabilities, causes of action, whether known or unknown, from Detailer’s use of Surveillance Equipment on the premises.

ITEMS LEFT IN THE VEHICLE. Client shall remove all items, personal property, or articles from theVehicle before dropping off the Vehicle. Detailer is NOT responsible for any damaged, lost or stolen items, 2 personal property and/or articles left inside or outside the Vehicle. For the safety of Detailer’s employees and others, Client MUST remove any firearms, explosives and hazardous materials from the Vehicle before the Client delivers the Vehicle to Detailer. Client shall remove all cash, jewelry, and other valuables. Center console, glove box, and trunk will NOT be cleaned if they are not emptied prior to drop off. Detailer is not responsible for reconnecting car seats. Client covenants not to hold Detailer responsible for any damage or loss to any item left inside the Vehicle.

ADVERTISEMENT. Unless stated in a written notice, Client grants Detailer a revocable license to use pictures and description of the Vehicle for marketing purposes and to publish the pictures and description on Detailer’s website, Facebook page, or other marketing material. No personal identification of the Vehicle or its owner will be published without Client’s consent, which may be oral or written. This revocable license may only be revoked by written notice to Detailer.

STORAGE FEE. Client shall be charged a fee of twenty-five dollars ($25) per day if the Vehicle is not picked up within forty-eight (48) hours of notification from Detailer that the Work have been completed. Unless both parties agree in writing otherwise, if a Vehicle has not been picked up after five (5) days from the date of notification by Detailer of completion of Work, the Vehicle may be towed to a storage facility or other location, at the Client’s expense.

DISCLAIMER OF WARRANTY, LIMITATIONS, AND MAINTENANCE OF FILM. Detailer does not provide any warranty on the products, including but not limited to, waxes, paint protection film (“Film”),cleaners, washes, protective coatings, window film, ceramic coatings, or polishes. Film, window film, or protective coating manufacturers may provide a warranty. See manufacturer for warranty details. Film installation may be done by a subcontractor. Any and all claims by Client for breach of warranty of any typemust be brought directly against the manufacturer of the Film or products. Client hereby waives any and all claims for breach of warranty, of any type, against Detailer in exchange for the assignment of the warranties, to the extent required for the Client to pursue the manufacturer. If there are scrapes, rock chips, and other paint defects, Client agrees that Film will not hide these defects and Client agrees to have Film applied over these defects. If the surface of Vehicle has imperfections, including but not limited to rock chips, the imperfection’s visual appearance may be enhanced. Client acknowledges that if Vehicle has been repainted or has sub-par paint quality including, but not limited to, rock chips, paint runs, paint drips, fish eyes, overspray, debris in paint, lack of a clear coat or lack of paint there is a chance that the Film may pull up the paint either during installation or if the Film has to be removed for ANY reason in the future. Additionally, it is agreed by both parties that non-standard production vehicles, including but not limited to, kit cars and all fiberglass body panel vehicles have sub-par paint. Film may take 60 days for the water under the Film to fully dry. Client must not wash Vehicle for 5 days after application of the Film. Client must not wash Vehicle for 14 days after a coating has been applied to allow the coating to cure. Client acknowledges that Film requires maintenance, including but not limited to, maintenance washes. Film is a product that is subject to normal wear and tear. “Normal wear and tear” are defined as damage that occurs from the ordinary operation of the Vehicle over time. Normal wear and tear include, but not limited to, tears, stretch marks, dimples, cracking, bubbling, peeling and marks from road debris impacts, exposure to contaminates, ultraviolet rays and yellowing of the Film. Bug intestines, bird droppings, and other foreign contaminates, due to their acidic nature, may leave etch marks in Film that may or may not bere movable depending on the length of time the contaminate has been on the Film. Film manufacturing processes such as striations and/or orange peel texture, and other debris listed in this Section may be pronounced on darker colored vehicles. Client releases Detailer from any and all liability arising from debris in or under theFilm. Client understands the above conditions and agrees that a 100% defect free Film application is not possible. Client understands and releases Detailer from the potential paint and Film defects listed above. Client 3 acknowledges and agrees that paint correction, detailing and Film does not fix all paint and body defects. Any alteration to the installation of the Film, except as performed by Detailer will void ALL warranties, whether express or implied. Client acknowledges and agrees that any coatings or products used by Detailer may require special maintenance washes to be performed at specified intervals and in a particular manner. Client acknowledges that they have received and read the wash instruction. Failure to perform the maintenance washes in a timely manner or in an incorrect manner may result in damage to the Client’s Vehicle. Client releasesDetailer from any engine noise, mechanical problems or any other noise or vibration that results while theVehicle is in the possession of Detailer. TO THE EXTENT ALLOWED BY LAW, CLIENT WAIVES ANY LIABILITY AGAINST DETAILER FOR ANY WARRANTY, INCLUDING BUT NOT LIMITED TO,WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY AND IMPLIED WARRANTY OF MERCHANTIBILITY, WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

MECHANIC’S LIEN. Client acknowledges and grants Detailer an express mechanic’s lien on the Vehicle to secure the amount of services performed. Notice will be provided in accordance with the law of the jurisdiction where the Work takes place.

LIMITATION OF LIABILITY. To the maximum extent permitted by law, Client agrees to limit Detailer’s liability for any of Client’s damages to the sum of the service fee. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. It is the express intent of Detailer and Client that Consequential,Incidental, Indirect and Special damages, including but not limited to, negligence claims are expressly waived. Client shall notify Detailer, in writing, of any defect in workmanship or materials within 24 hours after discovering the defect. Oral notification of a defect is ineffective. Detailer shall have 30 business days to cure the defect. No claim or defense shall be brought by Client until Detailer has had the opportunity to cure the defect. If Client fails to provide proper and timely notice to Detailer of the defect and an opportunity to cure, Client waives any right to recover damages for the defect and shall be barred from bringing a claim, cause of action or stating the defect as a defense in any action brought against Client.

DISPUTE RESOLUTION. If Detailer pursues any legal action to enforce any provision of this Agreement, then Detailer will be entitled, in addition to its damages, to all of Detailer’s expenses, including Detailer’s reasonable attorney’s fees, expert witness fees, and costs incurred. Each party irrevocably waives its right to trial by jury.

MISCELLANEOUS. Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which shall remain in full force and effect as if thisAgreement had been executed with the invalid portion thereof eliminated. The Agreement is not assignable or transferable by the Client without the written consent of the Detailer. Title and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of thisAgreement. This Agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. This Agreement will be governed by and construed in accordance with the laws of the jurisdiction where the Work takes place, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and any ambiguities shall not be construed strictly for or against any party. This Agreement states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting4the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto.