Terms & Conditions

MR. MAGIC UNLIMITED WASH CLUB TERMS & CONDITIONS

Effective as of August 1, 2023

Mr. Magic Car Wash requires you to agree to these Terms for our unlimited car wash service membership:

Thanks for enrolling your car in our monthly unlimited program for your chosen package. Your enrollment will automatically renew month to month. We will charge your card each month on the same day of the month that you enrolled, unless that date is the 28th through the 31st, and then you’ll be charged on the 28th. Price increases will be prominently posted at each location. These Terms supplement the information provided on your enrollment receipt.

To cancel your membership, you can email us at members@mrmagiccarwash.com or call us at (412) 343-3555 at least 5 days prior to the charging date, or you will be charged for the next month. No credits or refunds will be given for partial months.

If we are not able to charge your card for reasons such as expiration, non-sufficient funds, or change in information, your membership will be suspended at the end of the month and will not renew. After your paid month has ended, you will have to pay individually for any car washes until we receive updated card information from you.

The unlimited club program covers only the enrolled vehicle and is not transferable. A separate enrollment is required for each vehicle. If you try to transfer your membership to another vehicle without our express authorization, your membership could be terminated immediately. Membership is only transferable upon our consent.

Only privately owned vehicles are eligible for membership. Commercial vehicles may not be enrolled. Vehicles are not eligible if they cannot fit on the conveyor or are unable to move through the car wash in the appropriate manner.

Although this is an unlimited use car wash program, the car wash equipment is mechanical and may occasionally be unavailable due to repairs or maintenance or due to weather conditions or other events beyond our control. We do not guarantee any of our car washes will be available to you at the time you seek to use it. Your unlimited package is accepted at each of our car wash locations. We are closed on Easter Sunday, Thanksgiving, and Christmas Day and operate on reduced hours on other holidays. Credit is not issued for holidays, maintenance, repairs or other closures.

We reserve the right to amend these Terms at any time by posting a new version to our site. Your use of our car wash service after such posting constitutes your agreement to any changed Terms. We may change the nature of the services or the price of our unlimited packages at any time by prominently posting a notice at our locations. Your use of our car wash service after such posting constitutes your
agreement to any changed Terms.

Privacy. By placing a purchase on our kiosk, in-store, on our mobile application or website (mrmagiccarwash.com) you agree that your email address may be included in our marketing email list for Mr. Magic Car Wash. If you do not wish to receive these emails, you may unsubscribe using the link at the bottom of any marketing email we send.

You agree that by accepting these Terms, you are consenting to the collection, use and disclosure of your personally identifiable information and other practices described in our  Privacy Policy  Statement.

Damage and Liability Limitation:

YOU USE OUR CAR WASHES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY NORMAL WEAR AND TEAR ON YOUR VEHICLE OR ANY PRE-EXISTING DAMAGE SUCH AS DENTS, SCRATCHES, TEARS, STAINS, ODORS, ETC. OR FOR ANY DAMAGE CAUSED TO ANY ACCESSORIES OR OTHER COMPONENTS (SUCH AS AUTOMATED WINDSHIELD WIPER SYSTEMS, WIPER BLADES, REAR WINDOW WIPERS, LOOSE INTERIOR TRIM OR EXTERIOR MOLDINGS, EXTERIOR MIRRORS, TRAILER HITCH CAPS, ROOF RACKS, POWER ANTENNAS, INSIGNIAS, AFTERMARKET ACCESSORIES, MAGNETIC SIGNAGE, RUNNING BOARDS, HOOD ORNAMENTS, OR ALLOY, CHROME OR MAG WHEELS, HEADLIGHTS, REAR LAMPS, OR REFLECTORS, ETC.).

WARRANTY DISCLAIMERS; DAMAGES EXCLUSIONS AND LIMITATIONS OF LIABILITY.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. MMC PROVIDES THE SERVICE ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS. MMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE USE OR OPERATION OF THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MMC DISCLAIMS ANY SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MMC WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, ANY UNAVAILABILITY OF THE SERVICE OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU. MMC’S CUMULATIVE LIABILITY TO YOU WITH RESPECT TO THE SERVICE OR ANY BREACH OF THESE TERMS BY US IS LIMITED TO THE MOST RECENT THREE MONTHS OF FEES YOU PAID FOR THE SERVICE.

Indemnification. You agree to indemnify and hold harmless MMC, its Affiliates, and its or their officers, directors, employees and agents, from and against any and all damages, liabilities, losses, costs or expenses (including attorneys’ fees) arising from your violation of these Terms, yours or any person to whom you make the Service available’s misuse of the Service, or your breach of any applicable federal, state, local laws and regulations relating to your use of the Service.

Governing Law. These Terms shall be governed by and construed under the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions, and applicable laws of the United States. Any action or proceeding arising from or relating to these Terms shall be brought solely and exclusively before a state or federal court sitting in or for Pittsburgh, Pennsylvania, and each of MMC and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding and irrevocably waives any objections thereto.

Force Majeure. MMC and its Affiliates shall not be liable for any delay or failure to perform or deliver the Service, or for any damages suffered by you by reason of such delay or failure, directly or indirectly caused by or arising from acts of God, acts of public enemies, riots, acts of governmental agencies, labor difficulties, electricity or other service failure, pandemic, epidemic, failure of our suppliers, equipment or service malfunction, or any other cause or causes beyond the reasonable control of MMC, whether or not similar to those enumerated herein.

Miscellaneous. These Terms and the MMC Privacy Policy contain yours and MMC's entire agreement regarding your use of the Service. If any provision of these Terms is deemed to be illegal or unenforceable, such illegality or unenforceability will not affect the validity or enforceability of any other provisions of these Terms, which together will be construed as if such illegal or unenforceable provision had not been included in these Terms. Nothing in these Terms will be deemed to constitute MMC or you as the agent or representative of the other or as joint venturers or partners. These Terms will be binding upon the successors, legal representatives and permitted assigns of you and us. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable by us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and any such waiver is effective only if in writing and signed by us. Headings and captions are for convenience only. The warranty disclaimers, limitations on liability and any other terms that by their nature are continuing will survive the expiration or termination of these Terms.