RELEASE AND WAIVER OF LIABILITY,

ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(CD’S MOBILE AUTO WASH)

This Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (the “Release and Waiver”) shall govern and explain the obligations between the undersigned (hereafter referred to as the “Customer”) and CD’s Mobile Auto Wash, LLC, an Indiana limited liability company (hereafter referred to as the “Auto Wash”) in relation to the Services, as defined below. In consideration for the Customer being allowed to use the various Services in connection with the Auto Wash, including but not limited to, full service auto wash, express auto wash, auto detailing or any other services incidental thereto or may be added or removed (collectively, the “Services”), on behalf of the Customer and for and on behalf of the Customer’s personal representatives, heirs, executors, and administrators, hereby enter into and deliver this Release and Waiver as the Customer’s free and voluntary act and deed and, in doing, make the following statements and/or representations:

1. The Customer acknowledges, agrees, and represents that the Customer understands the nature of the Services, and that the Customer has the legal authority to execute this Release and Waiver on the Customer’s behalf. Further, the Customer is qualified to authorize and understand the use of such Services. The Customer further acknowledges and agrees that the Auto Wash’s pricing for the Services is contingent upon the Customer’s execution and agreement to the terms and conditions contained in this Release and Waiver.

2. The Customer fully understands that procurement of the Services involves risks and dangers to the Customer and the Customer’s vehicle including but not limited to the potential for paint damage, scratches and swirl marks, damage to exterior accessories, potential for damage to the vehicle’s clear coat (if applicable), potential for exposure to harmful chemicals, and that these risks and dangers may be caused by the Customer’s own actions or inactions, the actions or inactions of others using the Services, or the negligence of the Released Parties, as defined below, and that the Customer is voluntarily using the Services with the full knowledge, understanding, and appreciation of the inherent dangers and risks involved to the Customer and the Customer’s vehicle.  The Customer hereby expressly assumes all responsibility for losses, costs, and damages that the Customer may cause or incur as a result of the Customer’s use of the Services, and the Customer accepts any and all risks and dangers associated with the nature of the Services.

3. THE CUSTOMER HEREBY RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE the Auto Wash and, as applicable, the Auto Wash’s members, officers, directors, agents, employees, volunteers, customers, guests, other participants, successors, assigns, heirs, personal representatives, administrators and executors (collectively, the “Released Parties”) from any and all liability, claims, demands, losses, or damages caused or alleged to be caused, in whole or in part, by the negligence of any of the Released Parties or otherwise. The Customer further agrees that if, despite this Release and Waiver, the Customer, or anyone on the Customer’s behalf, makes a claim against any of the Released Parties, the Customer will indemnify, defend, and hold harmless each of the Released Parties from all expense, loss, liability, damage, or cost, including reasonable attorneys’ fees and court costs, which any of the Released Parties may incur as the result of such claim. NOTWITHSTANDING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AUTO WASH’S TOTAL LIABILITY TO THE CUSTOMER UNDER ALL CIRCUMSTANCES SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE AUTO WASH’S SERVICES. 

4. The laws of the State of Indiana shall govern this Release and Waiver, and should any of the parties initiate legal proceedings that relate, in any manner, to this Release and Waiver, said party shall file said legal proceedings in the State Court located in Ripley County, Indiana. If any dispute between the parties should arise with respect to this Release and Waiver, whether or not resulting in litigation, the Auto Wash shall be entitled to recover, in addition to any and all damages to which the Auto Wash may be entitled, all reasonable attorneys’ fees and costs incurred or suffered by the Auto Wash relating to and/or arising from the pursuit and/or defense of any action, suit, or other proceeding.

5. Jury Trial Waiver. EACH PARTY TO THIS RELEASE AND WAIVER, WAIVES THE RIGHT TO A TRIAL BY JURY OF ANY MATTER ARISING UNDER OR RELATED TO THIS RELEASE AND WAIVER, OR ANY INSTRUMENTS EXECUTED PURSUANT TO THIS RELEAES AND WAIVER.

THE CUSTOMER HAS READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE CUSTOMER HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAS SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTENDS IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREES THAT IF ANY PORTION OF THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT IS HELD TO BE INVALID, THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.