S'more suds terms

terms of service

effective june 15, 2025

THE FOLLOWING TERMS OF SERVICE GOVERN ALL PROVISION OF SERVICES (“Services”) AND THE SALE OF ALL GOODS (“Goods”) BY S’MORE SUDS, LLC, WHETHER AT A S’MORE SUDS LOCATION OR ONLINE (“Services”). PLEASE READ THEM CAREFULLY BEFORE PURCHASING SERVICES FROM S’MORE SUDS AS THEY INCLUDE LIMITATIONS OF LIABILITY AND DAMAGES, MANDATORY ARBITRATION AND A WAIVER OF JURY TRIAL AND THE RIGHT TO MAINTAIN ANY CLASS ACTION LITIGATION AGAINST S’MORE SUDS.

PERSONAL INFORMATION PROVIDED TO S’MORE SUDS IS ALSO GOVERNED BY THE S’MORE SUDS PRIVACY POLICY (the “Privacy Policy”) which may be accessed at: www.smoresuds.com/privacy-policy/.

BY AGREEING TO PURCHASE GOODS OR SERVICES FROM S’MORE SUDS YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY THEN IN EFFECT AND AS SUBSEQUENTLY AMENDED BY S’MORE SUDS AS PROVIDED HEREIN.

1. Generally. S’MORE SUDS offers Services, including, but not limited to car washes, which are delivered at its physical locations (“Stores”) and Goods which may be purchased at the Stores or online at www.smoresuds.com (the “WebSite”). S’MORE SUDS establishes operating hours (“Operating Hours”) for the Stores and for online purchases but reserves the right to adjust such Operating Hours and to close or curtail operations at the Stores and online facilities on account of weather, internet outages, required maintenance or to comply with the legal requirements of federal, state or local government.
2. Internet Access to WebSite. S’MORE SUDS may provide internet access to visitors to the WebSite to provide information about the Goods and Services that it offers. By accessing the website visitors confirm that they are over the age of 18 and agree to use the website only to collect information and purchase Goods and Services and to comply with the Privacy Policy. S’MORE SUDS is not responsible for the unavailability of the Website due to network or equipment issues.
3. Availability of Services and Goods. S’MORE SUDS use commercially reasonable efforts to assure that advertised Goods and Services are offered at the Stores and online during Operating Hours but some advertised Goods and Services may not always be available. S’MORE SUDS may, but shall not be required to, issue “rain checks” when discounted Goods or Services are not available. S’MORE SUDS reserves the right to discontinue any Goods or Services at any time without notice.
4. Limitations and Extra Charges on Certain Services. S’MORE SUDS reserves the right to refuse to sell Goods or provide Services or to impose extra charges upon any sale or provision of Services if it determines, in its sole discretion, that such refusal or extra charges are warranted.
5. Advertised Prices; Discounts and Promotions. S’MORE SUDS shall use commercially reasonable efforts to advertise the accurate prices for the Goods and Services that it offers but shall not be responsible for incorrect prices that it advertises in error. All advertised prices for Goods and Services are exclusive of sales and other taxes and any other government-imposed charges. Prices for Goods offered for purchase online do not include shipping and handling charges unless otherwise stated. In order to take advantage of certain discounts and promotions offered by S’MORE SUDS, purchasers must satisfy all conditions therefor at the time of purchase.
6. Payment. Payment for all Goods and Services, together with all associated charges, is due in full at the time of purchase. The forms of payment accepted by S’MORE SUDS for the Goods and Services will be posted at the Stores (for in-Store sales) and on S’MORE SUDS’ WebSite for online sales. In the event that any debit card or credit card charge used to pay for Goods or Services is later reversed, a fee of $50.00 will be assessed.
7. Limited Warranty on Goods. Goods offered for sale by S’MORE SUDS are manufactured and marketed by third-party sellers and purchasers expressly agree to rely solely upon any warranties offered by such third-party sellers in purchasing such goods. S’MORE SUDS SELLS ALL SUCH GOODS AS IS, WHERE IS WITHOUT ANY WARRANTY WHATSOEVER.
8. Limited Warranty on Services; Sole Remedy. S’MORE SUDS warrants that all Services will be rendered in a good and workmanlike manner. Purchasers agree that their sole and exclusive remedy for any breach of any such warranty shall be the re-performance of such Services without charge at a time and place convenient to S’MORE SUDS and the claimant.
9. DISCLAIMER OF OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTIONS 7 AND 8, S’MORE SUDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY STANDARD USAGE OF TRADE.
10. LIMITATION OF DAMAGES; TIME LIMIT FOR CLAIMS. TO THE MAXIMUM EXTENT ALLOWED BY PENNSYLVANIA LAW, S’MORE SUDS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. IN NO CASE SHALL S’MORE SUDS BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE PAID FOR THE GOODS OR SERVICES WHICH ARE THE SUBJECT OF THE CLAIM AND ANY CLAIM MUST BE ASSERTED, IN WRITING, WITHIN ONE YEAR OF THE DATE UPON WHICH IT FIRST AROSE OR ABANDONDED.

CERTAIN STATES MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

1. Assumption of the Risk and Causes Beyond the Control of S’MORE SUDS.
   
   

a. Assumption of Risk: Use of facilities at Stores is at your own risk. By coming to the Stores and using our Services, you acknowledge that automatic car washes involve brushes, water, and machinery that could potentially interact and damage with your vehicle. S’MORE SUDS strives to maintain a safe and gentle wash process; however, you assume all risk of damage or loss when using the car wash, except to the extent that applicable law provides otherwise.

b. Aftermarket Parts and External Attachments: S’MORE SUDS is not responsible for damage to any aftermarket parts, custom accessories, or external attachments on your vehicle. This includes, for example, but is not limited to: non-factory installed items such as specialty light covers, bug shields, roof racks, bike racks, spoilers, custom mirrors, antennas (including GPS or CB antennas), windshield wipers or wiper blades, side window visors, magnetically attached signage, trim pieces, or any other add-on equipment. These items can be vulnerable in an automatic wash. You must remove or secure any external accessories before entering the wash. If such items are not removed and become damaged or cause damage during the wash, S’MORE SUDS will not be held liable.

c. Pre-Existing Vehicle Conditions: We expressly disclaim all liability for any damages or issues that are due to the pre-existing conditions of your vehicle. Pre-existing conditions include, but are not limited to: prior dents, scratches, rust, loose moldings or trim, cracked or chipped windshields or windows, aging or deteriorated paint, or any other condition that predates your use of our service. Our equipment may exacerbate such conditions (for example, a loose bumper could detach in the wash); and we will not be responsible for repairing pre-existing or aggravated damage or wear and tear. It is your responsibility to ensure your vehicle is in sound condition for an automated wash.

d. Vehicle Size and Condition: If a vehicle has parts that are not securely attached or has damage that could worsen in a wash, we advise not to use the automated wash. Extremely muddy or dirty vehicles (e.g., caked-on mud, construction debris) may also pose risks to our equipment and your car. We may refuse service to vehicles in unsafe condition. You are responsible for any damage your vehicle (especially in such condition) may cause to our equipment or Store facility.

e. Malfunctions and External Events: S’MORE SUDS is not liable for damage or loss resulting from events beyond our control, such as equipment malfunctions, power outages, water supply issues, or other technical failures, as well as natural events (storms, lightning, etc.) that might occur during the washing process. We maintain our machinery regularly, but if an unexpected equipment malfunction occurs, we are not responsible for any vehicle damage that may result. In the rare event our staff is aware of an equipment issue, we will alert customers and may temporarily close the wash until resolved.

2. Authorization for Electronic Communications.

a. Account and Promotional Communications: By enrolling with S’MORE SUDS as a customer, you authorize S'MORE SUDS to contact you by mail or e-mail with information related to your membership account, such as billing reminders, renewal notices, and important updates. These communications are considered part of the Services.

b. Text Message Alerts and Promotional Messaging: You further agree to receive ongoing text message alerts from S’MORE SUDS Car Wash. Message frequency is recurring and may vary month to month. Reply STOP to cancel. Reply HELP for help. Message and data rates may apply. Consent to receive text messages is not required for purchase or membership. See full Terms & Conditions and Privacy Policy at www.optspot.com/tnc.

c. If you provide your mobile number to S’MORE SUDS you will have opted in, and S’MORE SUDS may also send promotional text messages regarding offers, discounts, and events. You may opt out at any time by replying “STOP” or by contacting us at info@smoresuds.com. After opting out, you will receive a final confirmation message and will no longer receive texts unless you opt back in.

d. Service Notifications: Even if you opt out of marketing messages, we may still send limited non-promotional texts related to your account (such as fraud alerts or cancellation confirmations) but certain features of the Services may be disabled.

3. Applicable Law, Mandatory Arbitration; Waiver of Jury Trial; Prohibition on Class Actions.

a. The laws of the Commonwealth of Pennsylvania (without applying conflict-of-law principles) will govern these Terms of Use and any dispute that might arise between you and S’MORE SUDS. ANY DISPUTE BETWEEN YOU AND S'MORE SUDS MUST BE SUBMITTED TO CONFIDENTIAL ARBITRATION in a “Consumer Arbitration” before JAMS in Philadelphia, Pennsylvania. ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, and not as a plaintiff or class representative or member or otherwise on behalf of others in any purported class, collective or representative proceeding.

b. Notwithstanding the foregoing, to the extent S’MORE SUDS believes you violated or may violate S’MORE SUDS’ intellectual property rights, S’MORE SUDS may seek injunctive or other appropriate relief in any state or federal court located in Philadelphia, Pennsylvania; and you consent to exclusive jurisdiction and venue in such courts.

c. FOR THE AVOIDANCE OF DOUBT, YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY OF ANY CLAIM THAT YOU HAVE AGAINST S'MORE SUDS.

d. Additional Terms. No failure or delay on the part of S’MORE SUDS in exercising any power or right under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. In the event that any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then, such invalid, illegal or unenforceable provision in this Terms of Use shall be severed and to the maximum extent permitted by law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms of Use. The titles, captions or headings of the sections and paragraphs hereof are for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms of Use.

e. This document, together with the Privacy Policy (and other subsequent written agreements between you and S’MORE SUDS) constitutes a single, integrated agreement and supersedes all prior promises, commitments and undertakings. These Terms of Use may only be waived in a written agreement signed by an officer of S’MORE SUDS.

f. Amendment of Terms of Use. S’MORE SUDS reserves the right to amend or update these Terms of use at any time. If S’MORE SUDS makes material changes to these terms, we will make reasonable efforts to notify you of the updated Terms of Use (for example, by posting the new Terms of Use on the WebSite. It is your responsibility to review the Terms periodically. Your continued participation in the program after changes are made constitutes your acceptance of the revised Terms of Use.

S’MORE SUDS UNLIMITED CAR WASH PROGRAM

TERMS & CONDITIONS

Effective June 15, 2025

THE FOLLOWING TERMS & CONDITIONS GOVERN THE S’MORE SUDS UNLIMITED CASH WASH PROGRAM (the “Program”) – PLEASE READ THEM CAREFULLY BEFORE APPLYING FOR MEMBERSHIP IN THE PROGRAM.

SERVICES RENDERED BY S’MORE SUDS, LLC, (“S’MORE SUDS”) TO MEMBERS (“Services”) ARE ALSO GOVERNED BY: (i) THE S’MORE SUDS GENERAL TERMS OF SERVICE (the “TOS”) WHICH INCLUDE LIMITATIONS OF LIABILITY, MANDATORY ARBITRATION AND A WAIVER OF JURY TRIAL AND THE RIGHT TO MAINTAIN ANY CLASS ACTION LITIGATION AGAINST S’MORE SUDS; AND (ii) THE S’MORE SUDS PRIVACY POLICY (the “Privacy Policy”). The TOS may be accessed at: www.smoresuds.com/general-terms/ and the Privacy Policy at www.smoresuds.com/privacy-policy/.

BY SEEKING AND MAINTAINING MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, THE TOS AND THE PRIVACY POLICY THEN IN EFFECT AND AS SUBSEQUENTLY REVISED BY S’MORE SUDS.

1. Membership. The benefits afforded by the Program are only available to “Members.” Customers who wish to become Members must submit an application online or, in writing, at a S’MORE SUDS location and are required to provide the information requested by S’MORE SUDS on the application. Personal Information (including payment information provided in the application will be treated in accordance with the Privacy Policy. S’MORE SUDS reserves the right to accept or reject any applications for membership and to terminate any membership, with or without cause, in its sole discretion, at any time with or without cause. Once an application is approved, the Member will be advised by e-mail or, in person, at the S’MORE SUDS location.
2. Vehicle Eligibility and Non-Transferability.
   
   

a. Registered Vehicle Only: Membership applies only to the single personal vehicle registered on the Member’s account. You must provide the vehicle’s details (make, model, color, license plate) at sign-up, and the membership benefits are only valid for that vehicle. The program membership is not transferable to any other vehicle or person.

b. One Vehicle per Membership: A separate membership is required for each vehicle Members wish to enroll. Attempting to use a single membership for multiple vehicles or allowing another vehicle (even if owned by you) to use your membership, is a violation of this policy. S’MORE SUDS’s system (using license plate recognition) will detect non-registered vehicles, and service will be denied.

c. Personal Use Only: This Program is intended for private, non-commercial use. Commercial or fleet vehicles are not eligible under this Program. This exclusion includes taxis, rideshare vehicles (Uber, Lyft, etc.), delivery vehicles, and any vehicle used primarily for business purposes. S’MORE SUDS may offer separate commercial/fleet plans with their own terms and pricing; please inquire if you need such Services. Using a personal membership for commercial or business purposes is prohibited and may is a violation of this Policy resulting in immediate cancellation of the membership without any right to a refund.

d. Program Violations and Cancellation: Any violation of these Program rules (such as attempting to use the membership for an unregistered car, or using it for ineligible vehicles) may result in membership cancellation. S'more Suds reserves the right to terminate your membership if it is determined that there has been any violation of these Program Terms & Conditions.

1. Benefits of Membership.

a. Unlimited Washes: Your membership provides unlimited car washes for the registered vehicle during our normal business hours. You may wash your vehicle as often as you choose on any day the car wash is open and operational. Access to Services may be restricted at times due to weather conditions, required maintenance, equipment issues, or internet outages. No credits, refunds, or membership extensions are provided for periods when the wash is closed or unavailable.

b. Your membership entitles you to up to one (1) car wash per calendar day. This means you can wash your enrolled vehicle once each day that our car wash is open and operational. These Services are available during normal business hours and is subject to weather, internet outages, or maintenance closures (no credits or extensions are given for days we are closed).

c. Wash Package Level: The membership covers the wash package tier you signed up for.

d. No Accumulation or Cash Value: Unused daily washes do not carry over to the next day and have no cash value. The limit is one wash per day, and additional washes beyond the one per day will require standard payment (or using the upgrade option as described).

e. No Combination with Other Discounts or Promotions. Except for discounts or promotions specifically offered to Members, Members are not entitled to enjoy other discounts and promotions offered by S’MORE SUDS to customers.

2. Auto-Renewal Authorization and Payment.

a. Monthly Auto-Renewal: Memberships automatically renew each month on the same calendar day as your original sign-up. For example, if you joined on the 10th of the month, your plan will renew on the 10th of each subsequent month. (If a month is shorter and your renewal date would fall on a date that doesn’t occur, the renewal will take place on the last day of that month.)

b. Payment Method: By enrolling, you authorize S'more Suds to charge your provided payment method (credit card, debit card, or eligible prepaid card) for the monthly membership fee on a recurring basis. This recurring charge will occur each billing cycle (on the renewal date) until you cancel the membership. Charges will typically appear as “S'more Suds” or a similar descriptor on your card statement.

c. Continuous Billing: The automatic billing will continue indefinitely, until you properly cancel the membership online, by e-mail or at a S’MORE SUDS location at least 48 hours before the next renewal. By providing your payment information and enrolling, you are giving express consent for these recurring charges.

d. Credit/Debit Card Updates and Failures: It is your responsibility to ensure that your payment information is up to date and payment can be timely processed. If we are unable to process the payment (for example, due to an expired card, insufficient funds, or a declined transaction), we will attempt to notify you. If payment cannot be completed, your membership benefits may be suspended or terminated at the end of the current paid period. You will not be able to continue using the unlimited wash Services until the account is brought up to date. We reserve the right to cancel the membership if billing issues are not resolved in a timely manner.

e. Taxes and Fees: Membership fees are subject to all applicable sales and other taxes and any government-imposed fees. These will be charged and collected in addition to the monthly fees then in effect.

3. Authorization for Electronic Communications.

e. Account and Promotional Communications: By enrolling in the Program, you authorize S'MORE SUDS to contact you by mail or e-mail with information related to your membership account, such as billing reminders, renewal notices, and important updates. These communications are considered part of the Services.

f. Text Message Alerts and Promotional Messaging: You further agree to receive ongoing text message alerts from S'more Suds Car Wash. Message frequency is recurring and may vary month to month. Reply STOP to cancel. Reply HELP for help. Message and data rates may apply. Consent to receive text messages is not required for purchase or membership. See full Terms & Conditions and Privacy Policy at www.optspot.com/tnc.

g. If you provide your mobile number to S’MORE SUDS you will have opted in, and S’MORE SUDS may also send promotional text messages regarding offers, discounts, and events. You may opt out at any time by replying “STOP” or by contacting us at info@smoresuds.com. After opting out, you will receive a final confirmation message and will no longer receive texts unless you opt back in.

h. Service Notifications: Even if you opt out of marketing messages, we may still send limited non-promotional texts related to your account (such as fraud alerts or cancellation confirmations) but certain features of the Services may be disabled.

4. Fees and Fee Changes.

a. Prices Subject to Change: Membership pricing is subject to change at any time. S’MORE SUDS reserves the right to increase or modify the monthly fee for the Unlimited Wash Membership with or without notice to you, except where notice is required by law. This means that while we may choose to inform Members of upcoming price changes as a courtesy (for example, via email or posted signage), we are not obligated to do so in all cases.

b. Effective Date of New Prices: If pricing changes, the new rate will apply to all membership renewals after the change goes into effect. We typically implement changes at the start of a billing cycle. You will be charged the new rate on your next scheduled billing date after the change. For instance, if your monthly fee was $29.99 and it increases to $32.99, the new amount will be charged on your next renewal.

c. Acceptance of Price Changes: By continuing to use the membership after a price change, you agree to and accept the new price. If you do not agree to a pricing change, you have the right to cancel your membership (per Section 4.c.) before the new charges are applied. No cancellation fees apply for choosing to cancel due to a price change.

d. Promotions or Temporary Discounts: Occasionally, S’MORE SUDS may run promotional pricing or discounts on the first month for new Members. These promotions are temporary. After the promotional period ends, the membership will renew at the standard rate then in effect (unless specifically stated otherwise in the promotion details). We will clearly disclose any introductory or limited-time pricing and what the price will revert to after that period.

5. Modifications of the Program; Termination of the Program.

a. Right to Amend Terms: S’MORE SUDS reserves the right to amend or update these Terms and Conditions at any time. Changes may be made to membership benefits, rules, or any other aspect of the program. If we make material changes to the terms, we will make reasonable efforts to notify Members of the updated terms (for example, by posting the new Terms on our website with a new effective date, and/or by email notification). It is your responsibility to review the Terms periodically. Your continued participation in the program after changes are made constitutes your acceptance of the revised Terms.

b. Right to Cancel Program: We also reserve the right to suspend or discontinue the Unlimited Car Wash Membership program in its entirety at any time. In the event that we decide to cancel or phase out the program, we will provide notice to active Members as reasonably practicable (such as via email or posted notice at our locations). If the program is terminated, we will stop further recurring billing. Any remaining active memberships at the time of program termination will be honored until the end of their current paid period, but not beyond that, unless otherwise specified in the termination notice.

c. Refusal or Termination of Individual Memberships: S’MORE SUDS staff reserves the right to refuse to open a membership, or to cancel an existing membership, for any reason not prohibited by law. This includes (but is not limited to) situations such as: a Member violating these Terms, any form of fraud or abuse of the program, the enrolled vehicle posing a safety or equipment hazard (e.g., vehicles that exceed size limits or have dangerous modifications), or non-payment issues. If your membership is terminated by us due to a violation of terms or misconduct, you will not be entitled to a refund for the current billing period and may be refused future service. We will communicate with you if such a situation arises.

d. No Waiver: Failure by S’MORE SUDS to enforce any part of these Terms at any given time shall not constitute a waiver of our right to enforce it later. Even if we allow an exception or leniency in some case, we reserve the right