TERMS & CONDITIONS

LAST UPDATED AND EFFECTIVE: FEBRUARY 14, 2024

These Program Terms and Conditions (these “Program Terms and Conditions”) govern the Take 5 Maintenance and Car Wash Subscription Program (the “Program” or “Combined Program”) operated by Take 5 Franchisor SPV LLC, Take 5 Properties SPV LLC, or Boing US Holdco, LLC (collectively, “we”, “us”, or “Company”).

By subscribing to, and receiving benefits of, the Program, you (“you,” “your”, or a “Subscriber”) agree that you have read, understood, and accepted these Program Terms and Conditions. These Program Terms and Conditions supersede all previous terms and conditions of the Program.

AS SUBSCRIBER, YOU UNDERSTAND AND AGREE THAT:

1. CERTAIN PROGRAM BENEFITS ARE NOT EARNED OR AVAILABLE TO YOU UNTIL AFTER THE SIXTH MONTHLY SUBSCRIPTION FEE PAYMENT.
2. THE CREDIT CARD YOU PROVIDE WILL BE AUTOMATICALLY CHARGED EACH MONTH UNTIL YOU CANCEL THE SUBSCRIPTION OR THE SUBSCRIPTION IS TERMINATED.
3. YOU AUTHORIZE US TO MAINTAIN YOUR CREDIT CARD INFORMATION AND TO PROCESS IT FOR THE MONTHLY SUBSCRIPTION FEE PAYMENTS, AS SET FORTH IN THESE PROGRAM TERMS AND CONDITIONS.
4. THE MONTHLY SUBSCRIPTION FEES THAT YOU PAY ARE NON-REFUNDABLE.
5. PROGRAM BENEFITS ARE ONLY AVAILABLE AT PARTICIPATING LOCATIONS (https://www.take5.com/rewards).
6. YOU MUST DOWNLOAD THE TAKE 5 LOYALTY PROGRAM MOBILE APPLICATION (the “App”) AND JOIN THE PROGRAM TO RECEIVE PROGRAM BENEFITS.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT-OUT. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED.

You understand that you may cancel your participation in the Program at any time by submitting an online cancellation request through your online account, calling us at 1 (855) 928-5585, emailing us at takecare@take5carwash.com, or by visiting a participating location in person.

ELIGIBILITY

The Program is open only to individuals who are at least 18 years old at the time of registration and who provide valid and accurate personal information, credit card information, cell phone number, and email when enrolling in the Program. Individuals under the age of 18 are not eligible to enroll in the Program. All information provided by you must be valid and accurate and must be kept current. The Program is only available for certain eligible vehicles, which we shall determine at our sole discretion. Only one vehicle per account is allowed (the “Registered Vehicle”), different accounts cannot be combined, and no joint accounts are permitted. Program accounts and benefits are non-transferrable except as specifically outlined in writing in the coupon or Voucher (defined below) within the App.

MEMBERSHIP, ENROLLMENT & FEES

To apply to enroll in the Program, visit Take5.com/subscriptions/advanced/ or Take5.com/subscriptions/premium/ and complete the online subscription process. The credit card you provide at sign-up will be charged each month thereafter until your enrollment in the Program is cancelled or terminated. SUBSCRIPTION FEES ARE NON-REFUNDABLE.

You authorize Company to charge the monthly subscription fee to the credit card you provide. The monthly billing date will be the same day of the month that you subscribe in the Program unless your enrollment falls between the 28th day of a month and the first day of the following month, in that instance you will be charged on the 1st day of the month going forward (for example, if you sign up on May 15th, then your credit card will be billed on the 15th of each following month).

Each monthly subscription fee will be in the amount you selected. We will provide you prior notice of any change to this amount.

Failure to make a monthly subscription fee payment may result in termination of your account and the cancellation of any Vouchers (defined below) or other benefits you have received under the Program. You are responsible for keeping your credit card information current and correct so that you do not lose any of your Vouchers or other benefits of the Program.

You authorize us to maintain your credit card information and to use it for the monthly subscription fee payment, as set forth above.

After you enroll and receive approval from Company, in your next visit to a participating car wash location, a Company employee will place an RFID Tag on your front windshield to finalize your membership enrollment. The RFID tag has your unique membership number printed on it. RFID Tags must be affixed at all times to the front windshield of the registered vehicle. Tampering with, removing or altering RFID tags can result in cancellation of membership, or a refusal of service.

Only the vehicle registered with your Program account (the 11-digit number printed on your personal RFID tag) is eligible for the program and it must have a Take 5 Car Wash RFID tag affixed to the window. Damaged tags should be reported to Take 5 Car Wash immediately. Any attempt to remove RFID tag will damage it and prevent it from operating. Member must notify Company of any changes in vehicle ownership, or if the vehicle is stolen.

Fees are determined by the wash package you select, which will be identified in your enrollment materials.

PROGRAM BENEFITS

Upon subscribing for the Program, downloading the App, and joining the Take 5 Loyalty Program, you will be elevated to the top tier of the Take 5 Loyalty Program, the Platinum Tier, and will immediately receive the discounts and benefits applicable to the Platinum Tier (see Loyalty Program Terms and Conditions at: https://www.take5.com/rewards/terms/). After each six (6) monthly subscription fee payments, you will receive a voucher within the App for a complimentary maintenance package (the “Voucher”). Each Voucher will include an oil change with up to six (6) quarts of oil, the replacement of your cabin air filter, the replacement of your engine air filter, and the replacement of your front windshield wipers (the “Maintenance Package”). The Voucher may only be used at participating locations, may not be transferred to any other person, must be used within 6 months, may only be used for the Registered Vehicle, and You must be present at the time of service. Each Voucher may only be redeemed once and each service set forth in the entire Maintenance Package must be performed in the same visit. Any unused service in the Maintenance Package will be forfeited and no longer available for redemption. The type of oil you receive is determined by your selection at registration.

Combined Program membership provides unlimited car washes for your qualifying Registered Vehicle during regular business hours at any participating Take 5 Car Wash location. Wash details are determined by the wash package you select, which will be identified in your enrollment materials. Wash package details and options are posted onsite at Take 5 Car Wash location. Participating locations and hours of operation are listed on Take5.com. Company reserves the right to alter hours of operation or limit services at any time and for any reason, for example and without limitation, preventive maintenance, repairs, inclement weather, and holidays.

Vouchers have no cash value and are not redeemable for cash.

CANCELING MEMBERSHIP

Your subscription in the Program may be canceled through your online account, or by calling us at 1 (855) 928-5585, emailing us at customercare@take5carwash.com, visiting your local Take 5, or online at https://take5.patheon.app/. To cancel your membership online or by email, you will need to provide your Individual Account number (the 11 digit Take 5 Car Wash number on the RFID sticker in your windshield) and your Take 5 Car Wash Site Location street and town address. Cancellations must be received at least seven (7) days prior to the next billing date, otherwise you will be charged for that month and the cancellation will be effective on the following billing date. The Program will remain in effect for full calendar month, and no refunds or credits will be given for partial periods.

Company may, in its sole discretion, suspend your benefits, cancel a Voucher or Maintenance Package, or cancel your membership in the Program, at any time with immediate effect and without written notice in instances where Company believes that you have (i) violated applicable laws or regulations; (ii) a monthly subscription fee payment is declined by the card processing system or you otherwise failed to pay Company amounts due; (iii) acted in an inappropriate, fraudulent, abusive, or hostile manner; (iv) breached or violated any of these Program Terms and Conditions; or (v) engaged in any misconduct or wrongdoing in connection with the Program. Nothing contained in these Program Terms and Conditions will limit Company in the exercise of any legal or equitable rights or remedies. If your membership in the Program is terminated for any of these reasons, all unredeemed Vouchers and other benefits will be forfeited, you will no longer be able to participate in the Program, and you will be ineligible to receive any future Vouchers. Company will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused Vouchers or benefits. Company reserves the right, in its sole discretion, to allow re-enrollment after termination.

MODIFICATION & TERMINATION OF PROGRAM

Company may change the Program and associated benefits for any reason, at any time. Company may make changes that affect, without limitation, processes, benefits, prices, and rules of the Program. All Program benefits and services are subject to availability and may be changed at any time. Company may terminate the Program with six months’ notice to active members. Company may terminate the Program in whole or in part, in any jurisdiction, with less than six months’ notice, if specified in these Program Terms and Conditions or required to do so by applicable law, as determined by Company in its reasonable discretion.

All changes to these Program Terms and Conditions will be posted online at https://www.take5.com/car-wash/membership-terms-and-conditions or provided through email or the mobile number associated with your subscriptions.

YOUR PERSONAL INFORMATION

By entering or providing your mobile number, you will receive mobile notifications, text messages, and phone calls (including calls using a prerecorded voice) from Company, which might be sent using an automatic telephone dialing system, about your Program membership, including communication regarding any changes to these Program Terms and Conditions or the Program, generally. Message and data rates may apply. You represent that the mobile phone number you provide is accurate and that you are a current authorized user or subscriber of that mobile phone number. You agree to promptly notify us if you change your mobile phone number or any other contact information you provided to us. By becoming a participant in the Program and receiving benefits of the Program, you agree that you have provided consent for Company and its authorized third-party agents to process data that is personal to you, and to use and disclose that data to third parties, in accordance with the Company Privacy Policy at https://www.drivenbrands.com/privacy-center/ which is incorporated in these Program Terms and Conditions by reference.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THESE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would.

If you have a complaint, dispute, or controversy, you agree to first contact us at legal@drivenbrands.com to attempt to resolve the dispute or controversy informally. You and Company (the “parties”) agree that we will resolve any disputes between us that cannot be resolved through such informal process or through negotiation within 120 days through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Company relating to these Program Terms and Conditions, Privacy Policy (https://www.drivenbrands.com/privacy-center/), or any agreements incorporated herein (each a "claim") shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association, consumer arbitration rules ("AAA Rules"). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in Charlotte, NC or telephonically. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these terms, privacy policy, the agreements, or this arbitration provision, and any other terms incorporated by reference into these terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these terms.

The arbitrator shall follow the federal arbitration act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the state of North Carolina shall apply, without regard to conflicts of laws principles.

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your or Company’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the terms.

If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Charlotte, North Carolina.

30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT LEGAL@DRIVENBRANDS.COM THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE PROGRAM TERMS AND CONDITIONS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.

This section of the Terms will survive the termination of your relationship with Company.

MISCELLANEOUS

If you do not accept these Program Terms and Conditions, or any subsequent amendment, modification, or supplement, your sole and exclusive remedy is to terminate your membership in the Program. The Program is void where prohibited by law. Any unspecified expenses related to the enrollment or use of the Program are solely your responsibility. If a court holds any of these Program Terms and Conditions unenforceable, the remainder of the Program Terms and Conditions will remain enforceable. The failure by Company to act on any breach of the Program Terms and Conditions by you will not constitute a waiver of Company’s right to act with respect to any future breaches.

Contact us at 1(855) 928-5585, customercare@take5carwash.com or visit any participating Take 5 location.