Limited-Time Signature Membership Pre-Sale Offer

By purchasing a Spark Car Wash Pre-Sale Membership (“Pre-Sale Membership”), you acknowledge that you have read, understood, and agree to these Terms & Conditions, including the Automatic Renewal and Recurring Charge Disclosure, the recurring-payment authorization, the cancellation and refund provisions, and the incorporated Standard Membership Terms & Conditions, and you authorize Spark Car Wash to process recurring charges as described herein.

Definitions and Key Terms

“Participating Location” means the Spark Car Wash location located at [600 Irick Road, Unit C, Burlington, NJ 08016 [identified in the check-out process], and no other location, unless Spark Car Wash agrees to transfer the Pre-Sale Membership to another Spark Car Wash location.

“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 Standard Membership Terms & Conditions and in the Unlimited Signature Membership benefit schedule available at [https://sparkcarwash.com/locations/burlington/] Unlimited Signature Membership benefits are subject to vehicle eligibility, site availability, hours of operation, safety requirements, and the Standard Membership Terms & Conditions.

“Regular Monthly Signature Membership Price” means $42+tax per month, plus applicable taxes and government-imposed fees [the price disclosed here https://sparkcarwash.com/locations/burlington/] for the Participating Location.

“Promotional Monthly Membership Rate” means $21+tax [the price disclosed here [https://sparkcarwash.com/pre-sale-terms-and-conditions/] per month, plus applicable taxes and government-imposed fees, which reflects fifty percent (50%) off the Regular Monthly Signature Membership Price.

“Qualifying Membership” means a Pre-Sale Membership purchased by an individual consumer for personal, family, or household use before the five hundred (500) membership limit is reached, using accurate enrollment and payment information, and otherwise complying with these Terms.

“Good Standing” means that the member’s account has a valid payment method on file and no uncured payment failure, undisputed past-due balance, unresolved fraud or misuse determination, or uncured material violation of these Terms or the Standard Membership Terms & Conditions after any required notice and cure period.

“Lapse” means a cancellation or other failure to maintain an active membership, including uncured nonpayment, expiration of payment authorization, or termination by Spark Car Wash for a Permitted Reason. A temporary payment failure, billing error, or account update issue cured within the applicable cure period will not be treated as a Lapse.

“Permitted Reason” means fraud, abuse, misrepresentation, unauthorized use, excessive chargebacks, uncured nonpayment, a material violation of these Terms or the Standard Membership Terms & Conditions, or other conduct that materially interferes with Spark Car Wash’s ability to provide the membership program, after notice and opportunity to cure where required by law or expressly provided in these Terms.

“Standard Membership Terms & Conditions” means Spark Car Wash’s standard membership terms applicable to active memberships, available at [https://sparkcarwash.com/locations/burlington/] and incorporated into these Terms by reference. Spark Car Wash must make those terms available to the member before purchase and again in the pre-conversion notice described below.

1. Offer Description

Spark Car Wash is offering a limited number of five hundred (500) Signature Memberships at the Promotional Monthly Membership Rate of $21+tax per month, plus applicable taxes and government-imposed fees, which is fifty percent (50%) off the Regular Monthly Signature Membership Price of $42+tax per month, plus applicable taxes and government-imposed fees (“Pre-Sale Offer”).

This offer is limited to the first five hundred (500) Qualifying Memberships sold and is available only for the Signature Membership tier at the Participating Location. Before purchase, Spark Car Wash may modify, suspend, or terminate the Pre-Sale Offer without notice. After purchase, Spark Car Wash may modify these Terms only as provided in Section 11.

2. Membership Reservation

By enrolling in the Pre-Sale Offer, you reserve a Signature Membership at the Promotional Monthly Membership Rate and secure your eligibility for that discounted pricing when the Participating Location opens, and your membership is activated as described in Section 3.

Membership benefits, including unlimited washes and the associated Signature Membership privileges, will not be available until the later of the Participating Location’s official opening date and the activation date stated in Spark Car Wash’s pre-conversion notice to the member.

3. Automatic Conversion Upon Opening

At least seven (7) days before the first post-opening Signature Membership charge, Spark Car Wash will send a pre-conversion notice to the email address, mobile number, or mailing address provided by the member. The notice will state the activation date, the Participating Location’s opening date, the Promotional Monthly Membership Rate, the Regular Monthly Signature Membership Price, applicable taxes and government-imposed fees, the cancellation deadline to avoid the first post-opening charge, and the cancellation methods available to the member.

• Your Pre-Sale Membership will automatically convert to an active Signature Membership on the activation date stated in the pre-conversion notice, provided the Participating Location has officially opened.
• Recurring post-opening charges will be processed as described in the Automatic Renewal and Recurring Charge Disclosure and Section 4.
• The Promotional Monthly Membership Rate will remain available only while the membership remains active, uninterrupted, and in Good Standing. A temporary failed payment, billing error, or account update issue will not by itself interrupt the membership if the member cures the issue within the cure period in Section 8.
• Cancellation, Lapse, nonpayment, fraud, misuse, or another Permitted Reason may result in permanent forfeiture or revocation of promotional pricing as described in Sections 5 and 8, after any notice and cure period required by these Terms or applicable law.
• Members who lose or forfeit the promotional rate may re-enroll only at the then-current membership rates and promotions, if any.

AUTOMATIC RENEWAL AND RECURRING CHARGE DISCLOSURE

Before opening: By enrolling, you authorize Spark Car Wash to charge $1.00 per month [, plus applicable taxes and government-imposed fees,] beginning on the enrollment date and continuing monthly until you cancel, Spark Car Wash cancels, or the Pre-Sale Membership automatically converts to an active Signature Membership.

Automatic conversion and post-opening charges: Your Pre-Sale Membership will automatically convert on the activation date stated in the pre-conversion notice, which will be sent at least seven (7) days before the first post-opening charge. Beginning on that date, Spark Car Wash will charge $21+tax per month, plus applicable taxes and government-imposed fees, unless you cancel before the cancellation deadline stated in the notice.

Continues until canceled: After activation, the Signature Membership continues and renews monthly until canceled by you or by Spark Car Wash under these Terms or the Standard Membership Terms & Conditions.

How to cancel: You may cancel at any time by using any of the methods set forth in Section 5.

Refund policy: Previously charged $1.00 reservation and account maintenance fees are non-refundable if you cancel before opening, except where required by law. Post-opening 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 Terms.

4. Payment Authorization; Recurring Charges

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

• The recurring $1.00 monthly reservation and account maintenance fee before opening, plus applicable taxes and government-imposed fees, beginning on the enrollment date and recurring monthly on or about the same calendar day until cancellation by the member, cancellation by Spark Car Wash under these Terms, or conversion to an active Signature Membership; and
• The recurring Signature Membership fee after activation in the amount of $21+tax per month, plus applicable taxes and government-imposed fees, beginning on the activation date stated in the pre-conversion notice 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 Terms.

5. Cancellation; Refunds; Effect of Cancellation

Before Opening. You may cancel your Pre-Sale Membership at any time before the activation date stated in the pre-conversion notice by using any of the following methods: online at https://sparkcarwash.mywashaccount.com/ by email at [info@sparkcarwash.com]; by telephone at 908-840-8900 or by mail to Spark Car Wash, 600 Irick Road, Unit C, Burlington, NJ 08016.

If you cancel before opening:

• Cancellation is effective when received by Spark Car Wash, and future charges will cease as of that effective date. Spark Car Wash will send confirmation of cancellation by email or text message within two (2) business days after receipt.
• Previously charged $1.00 reservation and account maintenance fees will not be refunded if you cancel before opening, except where required by law.
• Your eligibility for the Pre-Sale Offer and promotional pricing will be permanently forfeited.

If you later choose to purchase a membership, you will be subject to then-current pricing and promotions.

After Activation.  You may cancel an active Signature Membership at any time using any cancellation method described in this Section or in the Standard Membership Terms & Conditions. Cancellation is effective when received, or on any later effective date you request, and cancellation of an active membership will result in the permanent loss of the promotional pre-sale pricing after the current paid membership period ends, unless otherwise required by law or agreed by Spark Car Wash in writing.

6. Limited Availability

The Pre-Sale Offer is limited to the first five hundred (500) Qualifying Memberships purchased for the Participating Location.

Spark Car Wash may reject, cancel, or revoke an enrollment only if the five hundred (500) Qualifying Membership limit has been reached, the enrollment contains materially inaccurate information, the enrollment violates these Terms, the purchaser fails to satisfy the Qualifying Membership criteria, or Spark Car Wash has a Permitted Reason for cancellation.

7. Opening Date; Delays; Failure to Open

Any projected or anticipated opening date is an estimate only.

Spark Car Wash makes no guarantee regarding any specific opening date and shall not be liable for delays resulting from construction, permitting, inspections, weather, utility delays, supply chain issues, labor shortages, governmental actions, force majeure events, or any other circumstances beyond its reasonable control.

If the Participating Location has not opened within ninety (90) days after any projected opening date disclosed to the member, or if Spark Car Wash determines that the Participating Location will not open, Spark Car Wash will send notice to the member and provide the following options:

• Continue the reservation program only if the member affirmatively agrees after receiving notice of the delay and the updated projected opening date;
• Offer an alternative promotional arrangement that the member may accept or reject without penalty;
• Transfer the membership to another Spark Car Wash location only with the member’s affirmative consent;
• Cancel the Pre-Sale Membership and refund all $1.00 reservation and account maintenance fees actually paid by the member for that Pre-Sale Membership; or
• Permit the member to cancel the Pre-Sale Membership and receive a refund of all $1.00 reservation and account maintenance fees actually paid by the member if the member does not agree to continue the reservation program, accept an alternative promotional arrangement, or transfer the membership.

Spark Car Wash shall have no additional liability arising from such delay or cancellation, except for the refund obligations expressly stated in this Section 7 and any non-waivable rights or remedies available under applicable law.

8. Payment Failures; Chargebacks; Fraud; Abuse; Misuse

If any charge is declined, reversed, disputed, or otherwise unpaid, Spark Car Wash will provide notice to the member using the contact information on file and will allow at least seven (7) days to update the payment method or otherwise cure the payment issue before revoking promotional pricing or canceling the membership, except in cases of fraud, unauthorized use, or chargeback abuse. Spark Car Wash may cancel any Pre-Sale Membership and revoke promotional pricing if it determines, in good faith and based on reasonable evidence, that the offer was obtained or used through fraud, abuse, misrepresentation, unauthorized use, excessive chargebacks, or any material violation of these Terms. Spark Car Wash will provide notice and a reasonable opportunity to cure when the issue is capable of cure and cure is required by law or expressly provided in these Terms:

• 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 Signature Membership period;
• Promotional pricing eligibility may be revoked if the payment issue is not cured within the cure period or if Spark Car Wash determines in good faith that the payment activity involves fraud, unauthorized use, or chargeback abuse;
• The membership may be canceled after expiration of the cure period or for a Permitted Reason that does not require a cure period under these Terms or applicable law.

A chargeback or payment dispute may result in permanent disqualification from the Pre-Sale Offer if Spark Car Wash determines in good faith, based on reasonable evidence, that the chargeback or dispute was fraudulent, knowingly false, or abusive. A good-faith billing dispute will not by itself result in disqualification.

9. Non-Transferability

Pre-Sale Memberships, promotional pricing, membership rights, and associated benefits are personal to the original purchaser and may not be sold, assigned, transferred, shared, exchanged, or otherwise conveyed to another person 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.

10. Limitation of Liability

To the fullest extent permitted by law, Spark Car Wash, its affiliates, owners, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to:

• Participation in the Pre-Sale Offer;
• Delays in opening;
• Membership activation;
• Suspension or cancellation of membership;
• Loss of promotional pricing; or
• Any inability to access membership benefits before the location opens.

Spark Car Wash’s maximum liability shall not exceed the total amount actually paid by the member under the Pre-Sale Offer, except that nothing in these Terms limits any refund obligation expressly stated in these Terms or any non-waivable consumer rights, statutory remedies, or other rights that cannot be limited under applicable law.

11. Modification of Terms

Spark Car Wash may update or modify these Terms & Conditions to comply with applicable law, address operational needs, correct errors, or protect against fraud and abuse. Spark Car Wash will provide at least thirty (30) days’ advance notice of any material change affecting price, renewal, billing frequency, cancellation rights, refund rights, or automatic-renewal terms. The member may cancel before the effective date of the change without penalty, and the change will not apply to that member’s Pre-Sale Membership or active Signature Membership unless permitted by applicable law.

12. Governing Terms

Once activated, your Signature Membership will be subject to these Pre-Sale Terms & Conditions and the Standard Membership Terms & Conditions then in effect, which are incorporated by reference and available at https://sparkcarwash.com/pre-sale-terms-and-conditions/. If these Pre-Sale Terms conflict with the Standard Membership Terms & Conditions regarding promotional pricing, pre-conversion notice, or the specific cancellation and refund rights stated in these Pre-Sale Terms, these Pre-Sale Terms will control.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Consumer Rights and State-Specific Savings

These 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 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.