SPARK CAR WASH MEMBERSHIP TERMS & CONDITIONS

Effective Date: July 30, 2026

Welcome to Spark Car Wash’s Membership Terms & Conditions (“Membership Terms”). These Membership Terms govern your purchase of a Standard, Signature or Select membership (“Membership”), and use of the benefits available under such Membership, provided by Spark Car Wash, and its related, affiliated or subsidiary companies (collectively, “Spark Car Wash” “we” or “our”).

By purchasing a Membership, you acknowledge that you have read, understood, and agree to be bound by these Membership Terms, including the Automatic Renewal and Recurring Charge Disclosure, the recurring-payment authorization, and the cancellation and refund provisions, and you authorize Spark Car Wash to process recurring charges as described herein. When we refer to “you” or “your” in these Membership Terms, we mean any individual who purchases a Membership.

PLEASE READ THE MEMBERSHIP TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE MEMBERSHIP TERMS, YOUR PURCHASE OF THE MEMBERSHIP OR ANY RELATIONSHIP BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PURCHASE A MEMBERSHIP.

YOUR MEMBERSHIP WILL REMAIN IN EFFECT AND AUTOMATICALLY RENEW EVERY MONTH UNTIL IT IS CANCELLED BY YOU OR BY SPARK CAR WASH. WE RESERVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME.

1. Definitions

“Participating Location” means the Spark Car Wash location [identified in the check-out process], and no other location, unless Spark Car Wash agrees to transfer the Membership to another Spark Car Wash location.

“Select Membership” means Spark Car Wash’s monthly Unlimited Select tier membership for one enrolled vehicle, including unlimited washes and the Select tier benefits described in the Unlimited Select Membership benefit schedule available at sparkcarwash.com. Unlimited Select Membership benefits are subject to vehicle eligibility, site availability, hours of operation, safety requirements, and these Membership Terms.

“Signature Membership” means Spark Car Wash’s monthly Unlimited Signature tier membership for one enrolled vehicle, including unlimited washes and the Signature tier benefits described in the Unlimited Signature Membership benefit schedule available at sparkcarwash.com. Unlimited Signature Membership benefits are subject to vehicle eligibility, site availability, hours of operation, safety requirements, and these Membership Terms.

“Standard Membership” means Spark Car Wash’s monthly Unlimited Standard tier membership for one enrolled vehicle, including unlimited washes and the Standard tier benefits described in the Unlimited Standard Membership benefit schedule available at sparkcarwash.com. Unlimited Standard Membership benefits are subject to vehicle eligibility, site availability, hours of operation, safety requirements, and these Membership Terms.

“Pre-Sale Membership Terms & Conditions” means Spark Car Wash’s pre-sale membership terms applicable to pre-sale memberships, available at sparkcarwash.com and incorporated into these Membership Terms by reference.

2. Membership Account and Registration

To enroll in a Membership, you must register for an account. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a username and password. You are responsible for maintaining the confidentiality of your account login information. Spark Car Wash is not liable for any harm related to the theft of your access credentials, your disclosure of access credentials, or your decision to allow another person or entity to access and use the Membership using your access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure or in case of any breach of security, then you must immediately notify us at info@sparkcarwash.com. Each user is only permitted to register for one account. You must be at least eighteen (18) years of age or otherwise the age of majority in your jurisdiction of residence, and legally able to enter into a contract in order enroll in a Membership.

3. Automatic Renewal and Recurring Charge Disclosure
   • Membership Fees: Beginning on your enrollment date, Spark Car Wash will charge the amount listed on your receipt given the package you selected per month, plus applicable taxes and government-imposed fees, unless you cancel pursuant to Section 6. If you enroll at a promotional rate, your Membership will automatically renew at the regular monthly rate for your selected plan when the promotion ends, unless you cancel before your next billing date. Membership fees are subject to change periodically. We will notify you prior to making any such changes.  If you do not agree to any fee changes, your sole recourse is to cancel your membership. 
   • Continues until canceled: The Membership continues and renews monthly until canceled by you or by Spark Car Wash under these Membership Terms.
   • How to cancel: You may cancel an active Membership at any time using any of the following cancellation methods:

a.     online at sparkcarwash.com/find-your-spark

b.     email at info@sparkcarwash.com;

c.     telephone at (908) 840-8900 or

d.     mail to Spark Car Wash, 30 Maple St, Suite 2, Summit, NJ, 07901.

Cancellation is effective when received, or on any later effective date you request, and cancellation of an active Membership may result in the permanent loss of the promotional pre-sale pricing after the current paid Membership period ends, if applicable, unless otherwise required by law or agreed by Spark Car Wash in writing. Notwithstanding the foregoing, you acknowledge and agree that, to avoid your next monthly charge, you must cancel at least 10 (ten) days before your scheduled billing date. 

• Refund policy: Membership fees are not prorated or refunded for partially used periods after cancellation, except where required by law, where Spark Car Wash fails to provide access to active Membership benefits for reasons within its reasonable control, or as expressly provided in these Membership Terms.

4. Payment Authorization; Recurring Charges

By enrolling in the Membership, you expressly authorize Spark Car Wash to automatically charge the payment method provided for the following recurring charges, as applicable:

• The recurring Membership fee after enrollment in the amount listed on your receipt per month, plus applicable taxes and government-imposed fees, beginning on the enrollment date and recurring monthly on or about the same calendar day unless and until the Membership is canceled.

You further authorize Spark Car Wash to use account updater services provided by its payment processor or card networks to obtain updated payment-card information and to process charges using that updated information when permitted by applicable law and network rules. You may opt out of account updater use by contacting Spark Car Wash at info@sparkcarwash.com, but you remain responsible for maintaining a valid payment method and paying amounts owed under these Membership Terms.

UNLESS YOU NOTIFY US AT LEAST TEN (10) DAYS BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

5. Payment Failures; Chargebacks; Fraud; Abuse

If any charge is declined, reversed, disputed, or otherwise unpaid, Spark Car Wash may, in its sole discretion, provide notice to the member using the contact information on file and will allow up to seven (7) days to update the payment method or otherwise cure the payment issue before revoking promotional pricing, if applicable, or canceling the membership, except in cases of fraud, unauthorized use, or chargeback abuse.

• Spark Car Wash may retry the failed charge up to two (2) times during the cure period after the failed charge, unless the member cancels or updates the payment method earlier.
• Membership benefits may be suspended during the cure period if the unpaid charge relates to an active Membership period.
• Promotional pricing eligibility, if applicable, may be revoked if the payment issue is not cured within the period provided or if Spark Car Wash determines that the payment activity involves fraud, unauthorized use, or chargeback abuse.

6. Non-Transferability

Promotional pricing (if applicable), Membership rights, and associated benefits are personal to the original purchaser and enrolled vehicle, and may not be sold, assigned, transferred, shared, exchanged, or otherwise conveyed to another person or vehicle without the express written consent of Spark Car Wash. The promotional rate has no cash value, is non-transferable, and may not be reinstated after forfeiture except in a written notice from Spark Car Wash or as required by applicable law.

7. Communications and Opt Out

Depending on you marketing settings and preferences, we may use your information to let you know about our products, services and offers or other initiatives that may be of interest to you and we may contact you to do so by email, phone, or text.  Please review our Text Message/SMS Terms and Conditions to understand the terms applicable to our texting services, which is incorporated by reference in these Membership Terms.  Additional information about these marketing activities, including options for opting out are described below. 

• We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. This opt out will not apply to operational or informational emails related to your account such as correspondence providing information about your Membership or other such transactional communications. You may continue to receive promotional email messages for a short period while we process your request.
• Text Messaging. Spark Car Wash, its affiliated companies, and necessary third-party service providers and those acting on its behalf may send you marketing or other promotional text messages to the extent that you have provided the appropriate opt-in consent. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Spark Car Wash. Texts and calls may be generated by automatic telephone dialing systems. If you change or deactivate the phone number you provided to Spark Car Wash, we ask that you update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You may opt out of receiving text messages at any time by replying STOP to any text message. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.

8. Privacy Policy and Release

Membership data and other personal information about you are subject to our Privacy Policy, which is incorporated herein by this reference. By agreeing to these Membership Terms, you acknowledge and agree that you have read, understand, and consent to the processing of your personal information as set forth in our Privacy Policy including, but not limited to, the use web traffic and website usage analytics and tracking technologies, such as cookies, pixel tags, and Java scripts. You acknowledge and agree that you do not have a reasonable expectation of privacy in connection with the use of analytics and tracking technologies or the collection and/or sharing of personal information by us or our third party advertising partners using these technologies. To the maximum extent permitted under applicable law, you hereby release with prejudice and discharge Spark Car Wash from, and waive the assertion of, any and all claims, demands, and damages based on or arising out of Spark Car Wash’s use of such analytics and tracking technologies in connection with your access to and/or usage of its website prior to your acceptance of these Membership Terms.  You hereby waive and relinquish the provisions, rights, and benefits, if any, of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, insight, feedback, or other information about the Membership (collectively, “Submissions”), provided by you to Spark Car Wash are not confidential and shall become the sole property of Spark Car Wash. Spark Car Wash shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign to Spark Car Wash all ownership and rights in any Submissions.

10. Disclaimers

SPARK CAR WASH DOES NOT PROMISE THAT THE MEMBERSHIP OR ANY BENEFITS THEREUNDER, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR PARTICIPATION IN THE MEMBERSHIP WILL PROVIDE SPECIFIC RESULTS. THE MEMBERSHIP IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED THROUGH THE MEMBERSHIP IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPARK CAR WASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPARK CAR WASH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR PARTICIPATION IN THE MEMBERSHIP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR PARTICIPATION IN THE MEMBERSHIP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP IS TO CANCEL YOUR MEMBERSHIP. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPARK CAR WASH, ITS AFFILIATES, OWNERS, SHAREHOLDERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MEMBERSHIP, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS, ARISING FROM OR IN ANY WAY RELATED TO THE MEMBERSHIP OR THE MEMBERSHIP TERMS, EVEN IF SPARK CAR WASH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPARK CAR WASH’S MAXIMUM LIABILITY FOR ANY DAMAGES THEREOF, (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED US DOLLARS ($100) AND (B) TOTAL AMOUNT ACTUALLY PAID BY THE MEMBER UNDER THE MEMBERSHIP IN THE PRECEDING TWELVE MONTH (12) PERIOD.  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

12. Governing Law; Venue and Jurisdiction

You agree that the laws of the State of New Jersey, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Membership Terms.

13. Indemnity

By enrolling and participating in the Membership, you agree to indemnify, defend, and hold Spark Car Wash (including all affiliates), and its (and their) owners, shareholders, members, partners, directors, officers, employees, agents, contractors, advisors, successors, and assigns, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, of any and every kind, including attorney’s fees, arising out of or in connection with your participation in the Membership, or any violation of these Membership Terms or of any law or the rights of any third party.

14. Agreement to Arbitrate and Class Action Waiver
    • Arbitration Agreement. Except for disputes brought in small claims court, any dispute arising out of or relating to the Membership, or any relationship between you and Spark Car Wash (including affiliates), and its (and their) owners, shareholders, members, partners, directors, officers, employees, agents, contractors, advisors, successors, and assigns, without limitation, no matter how described, pleaded, or styled, will be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration will be conducted by a single, neutral arbitrator chosen by the parties. The parties agree that the arbitrator, and not a court, will have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Membership Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator’s award may be entered in any court of competent jurisdiction. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Spark Car Wash. Each party will pay for its own attorneys’ fees and costs.
    • Rules and Procedures. The arbitration shall be conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association (“AAA”). You understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at adr.org or by calling 800-778-7879. The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
    • No Class Actions. You and Spark Car Wash agree that any dispute or claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. This means that you agree to arbitrate in your individual capacity only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
    • Confidentiality. The fact of and all aspects of this arbitration and the underlying dispute will remain strictly confidential by the parties, their representatives, and the AAA. The parties agree that any actual or threatened violation of this provision would result in irreparable harm and will be subject to being immediately enjoined.
    • Waiver of Jury Trial, Governing Law, Venue. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial for any dispute to which this agreement applies and any dispute will be commenced and maintained exclusively in the state or federal courts in New Jersey and the parties each consent to the personal jurisdiction of the courts. You hereby accept the exclusive jurisdiction of such court for this purpose. This provision survives the termination of the Membership Terms. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

BY ACCEPTING THE MEMBERSHIP TERMS YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED, OR MASS ACTION BASIS.

15. Time Limitation on Claims

You agree that any claim you may have arising out of or related to these Membership Terms or the Membership or your relationship with Spark Car Wash must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

16. Modification of Membership Terms

You agree that Spark Car Wash may, at our sole and complete discretion, change or modify portions of the Membership Terms at any time by adding new terms or by deleting or amending existing terms. If we do this, we will post the changes on our website and will indicate at the top of this page the date the Membership Terms was last revised (“Effective Date”). You may read a current, effective copy of the Membership Terms at any time by selecting the “Membership Terms” link on the website. Your continued participation in the Membership after the Effective Date constitutes your acknowledgement of such modifications and your agreement to abide and be bound by the Membership Terms as modified. Therefore, it is important that you periodically check for changes made to the Membership Terms. If you do not accept the modifications, your sole remedy is to cancel your Membership.

17. Governing Terms

Once enrolled, your Membership will be subject to these Membership Terms. If these Membership Terms conflict with the Pre-Sale Membership Terms & Conditions regarding promotional pricing, pre-conversion notice, or the specific cancellation and refund rights stated in these Membership Terms, the Pre-Sale Membership Terms & Conditions will control.

18. Consumer Rights and State-Specific Savings

These Membership Terms are intended to comply with applicable federal and state laws governing negative-option features, recurring charges, automatic renewals, consumer disclosures, cancellation rights, refunds, and unfair or deceptive acts or practices, including applicable laws in New Jersey, New York, and Pennsylvania.

Nothing in these Membership Terms waives, limits, or conditions any non-waivable right of a consumer to cancel a recurring charge, receive required renewal terms, receive a copy or acknowledgment of the automatic-renewal terms, use an online or similarly simple cancellation mechanism where required, or receive any refund, credit, or remedy required by applicable law.

19. Membership Participation Restriction and Termination

Your participation in the Membership is expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Membership Terms. Spark Car Wash may restrict, suspend, or terminate your Membership at any time and for any reason in its sole and complete discretion, and without any liability whatsoever. If Spark Car Wash terminates your Membership account, you will not create another Membership account without our permission.

These Membership Terms will apply until your Membership has been terminated, whether by you or Spark Car Wash. Upon termination, all rights granted by Spark Car Wash to you herein shall immediately terminate. Notwithstanding the foregoing, any provision in the Membership Terms that by its nature should survive the termination of your Membership or any termination of the Membership Terms (including, without limitation, provisions governing arbitration, indemnification, limitations on liability and disclaimers of warranty) will continue to remain in full force and effect after any termination.

20. Legal Notices

Spark Car Wash’s affiliates, contractors, and service providers may exercise Spark Car Wash’s rights or fulfill its obligations under the Membership Terms. Waivers must be in writing and no waivers will be implied. Any failure by Spark Car Wash to exercise any rights or enforce any of these Membership Terms shall not constitute a waiver of such rights or terms with regard to the members participation in the Membership. The parties shall, at all times, be considered independent entities, acting on their own behalf, in their own name, and pursuant to their own interests. If any provision of these Membership Terms or their application in a particular circumstance is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Membership Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. The Membership Terms are the final, complete and exclusive agreement between you and us relating to the Membership and supersede all prior or contemporaneous understandings and agreements relating to this subject matter, whether oral or written. Headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

21. Contact Us

If you have any questions or concerns about these Membership Terms, please contact us at: info@sparkcarwash.com