WELCOME TO THE
Family Express MONTHLY Car Wash SUBSCRIPTION PROGRAM
Terms and Conditions
Effective Date: August 13, 2025
1. Acceptance of Subscription Terms and Conditions. These terms and conditions (the “Terms”), as amended from time to time and available at https://familyexpress.com/car-wash-subscription-terms-of-service (hereinafter, the “Agreement”), shall govern your participation in and use of the Family Express Monthly Car Wash Subscription Program (the “Subscription” or “Membership”) available for enrollment through the Family Express mobile application as downloadable on the Apple App Store and Google Play (the “App”). The Subscription is provided by Family Express Corporation, an Indiana corporation (“Family Express,” “Company,” “we,” or “us”). This Agreement constitutes a binding agreement between you and Family Express and is to be read in connection with Family Express’ Terms of Use, available at www.familyexpress.com/terms-of-use, as amended from time to time (the “Terms of Use”), and Family Express’ Privacy Policy, available at https://www.familyexpress.com/privacy-policy, as amended from time to time (the “Privacy Policy”), both of which are incorporated into and made part of this Agreement by reference. When you sign up for, and each time you use, the Subscription, you signify that you agree to be bound by this Agreement. If you do not agree to this Agreement, do not subscribe. Furthermore, if, at any time during your Subscription, you no longer agree with this Agreement or any updates to this Agreement (see Section 2 below), then you must cancel your Subscription, or you will be bound by this Agreement and any updates to these Terms. In the event of a conflict between the Terms of Use or the Privacy Policy with this Agreement, this Agreement controls with respect to your Subscription.
IMPORTANT: THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND A CLASS ACTION WAIVER, WHICH REQUIRES THAT ANY 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. SEE SECTION 9 BELOW.
You must be 18 years of age or older to subscribe to the Subscription.
2. Updates to this Agreement. Family Express reserves the right to update, change, modify, or terminate this Agreement at any time. Family Express will post the updated and most current Agreement, in each instance, at https://familyexpress.com/car-wash-subscription-terms-of-service with a new effective date. Family Express reserves the right to update, change, modify, or terminate the Subscription and/or any Subscription Benefits at any time (including converting the Subscription into another subscription program) in its sole and absolute discretion. All such changes in the Agreement shall be effective from the posted effective date. The posting of any updated Agreement shall constitute sufficient notice thereof, and it shall be your sole responsibility to review this Agreement, as so amended from time to time, and to remain informed of the current terms. You waive any right you may have to receive specific or individualized notice of such updates, changes, or modifications to this Agreement or the Subscription.
3. Electronic Form. By accessing the Subscription, you consent to receive and access this Agreement in electronic form, which is made available to you at https://familyexpress.com/car-wash-subscription-terms-of-service. A copy of this Agreement, as amended in its current form, may be provided to you by email upon your written request for the same to info@familyexpress.com. You also consent to receive all communications related to your Subscription electronically, including, without limitation, through email, mobile push notifications, or notices and messages through the Subscription services, and you can retain copies of these communications for your records. You consent to receiving such communications from Family Express on any day of the week and at any time of day. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive this Agreement and other Subscription-related information and communications electronically by submitting a written request to info@familyexpress.com. However, because the Subscription is offered exclusively in electronic form, your withdrawal of consent will be deemed a cancellation of your Subscription in accordance with Section 7 of this Agreement, below.
4. Your Subscription. By signing up for the Subscription, you agree to provide, maintain, and properly update true, accurate, current, and complete information for your car wash subscription program account (“User Account”). Registration and redemption are available to consumers in participating Family Express stores, who are 18 or older, subject to Family Express’ verification, in its sole discretion. There is a limit of one Subscription per person and a Subscription cannot be shared, sold, transferred, or conveyed to any other person. Without limitation of the foregoing, we reserve the right to reject, cancel, suspend, or terminate any Subscription registration, transaction, or any Subscription at our sole discretion. Your Subscription is independent of, and shall not be construed as participation in, any rewards or loyalty program offered by Family Express, including without limitation F.E. Perks. Although your Subscription is administered through the App, activation and use of your Subscription are exclusively linked to your mobile device and phone number.
5. Subscription Benefits.
Monthly Subscription
5.1 The initial price of your Subscription will reflect the current advertised price of the Subscription at the time of your enrollment. The price of the Subscription fee is subject to change at Family Express’ sole discretion, in each instance, provided that Family Express provide you with at least 30 days’ advance notice of such change, and shall, at all times, reflect the then-current advertised price (the “Monthly Fee”) plus applicable sales tax. The Monthly Fee cannot be combined with, and shall not be subject to, any discounts, coupons, special pricing, or other offer, including without limitation those offered to new subscribers.
5.2 Family Express offers various unlimited vehicle wash Subscription plans (each, a “Subscription Plan” and collectively, the “Subscription Plans”), each with its corresponding features and benefits at available store locations (the “Subscription Benefits”), for single, personal, non-commercial vehicles, as more particularly defined at https://familyexpress.com/car-wash-subscription-terms-of-service (the “SB Link”), as amended from time to time. The Subscription provides eligible subscribers access to the Subscription Benefits for their selected Subscription Plan. Certain Subscription Benefits may also be made available on the App for ease of reference; however, the full list of Subscription Benefits for each Subscription Plan will be posted through the SB Link. In the event of a conflict between the posted Subscription Benefits in the App or the SB Link, the SB Link shall control with respect to Subscription Benefits. Family Express reserves the right to update, change, modify, or terminate any Subscription Plan and Subscription Benefits at any in its sole and absolute discretion. All such changes in the Agreement shall be effective from the posted effective date through the SB Link. The posting of any updated Subscription Benefits shall constitute sufficient notice thereof, and it shall be your sole responsibility to review this Agreement, and the SB Link, each as so amended from time to time, and to remain informed of the current terms. You waive any right you may have to receive specific or individualized notice of such updates, changes, or modifications to this Agreement or the Subscription.
Subscription Benefits: (a) may vary, or may otherwise be unavailable, at each store location and may be affected by a variety of factors, including without limitation inclement weather, maintenance, holidays, upgrades, or other force majeure events; (b) have no cash value and cannot be redeemed for cash or cash-equivalent; (b) are subject to the availability of each store location’s wash bay operating days and hours; are considered forfeited if unused and will not be refunded or carried over to ; (c) shall not be shared, sold, transferred, or conveyed to any other person; and (d) are not valid with any other discount, coupon, promotion, or offer. Applicable taxes shall apply to the Monthly Fee. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with this Agreement, including, without limitation, ensuring that the Subscription is not being used for a commercial purpose or for any other person. Subscription transactions do not count as a visit or purchase towards purchase-based F.E. Perks rewards.
5.3 To redeem available Subscription Benefits, a subscriber must: (a) open the App on their registered mobile device; (b) select the “Wash” option from the home screen; (c) tap the designated button to activate the device’s in-App camera function; and (d) scan the QR Code on the self-service kiosk terminal outside of wash bay and allow the App to successfully capture it. Once the scan is successful, the system will automatically recognize your Subscription and trigger the wash bay when it is your turn to enter. You must follow all instructions posted on the exterior of the wash bay prior to entering the wash bay and then position your vehicle correctly while entering the wash bay to ensure a safe wash.
6. Charges to Your Payment Method. Subscribers must sign up through the App and store their method of payment to their User Account to activate their Subscription. Major credit cards are generally accepted for payment for the Subscription and as your stored method of payment, but Family Express reserves the right, in its sole discretion, to reject debit cards, pre-loaded cards, or similar payment methods. Gift cards are not accepted for payment for the Subscription. Family Express will charge you for your Subscription using the payment method(s) you provide at the time of enrollment, unless otherwise updated. By enrolling in the Subscription, you authorize Family Express to charge your payment method(s) for the Subscription Monthly Fee, plus applicable sales tax, then in effect for the Subscription whether you use the Subscription benefits or not, until cancelled by you, or as otherwise cancelled or terminated, as described in this Agreement. Your Subscription provides you the opportunity to use applicable Subscription Benefits and your non-use will not obligate Family Express to provide you with any refund, in whole or part, of your Subscription Monthly Fee. Family Express reserves the right to correct any errors or mistakes that we make, even if we have already requested or received payment. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may cancel, suspend, or otherwise terminate your access to the Subscription until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
7. Recurring Billing, Payment Methods, Changes, and Cancellation.
7.1. Recurring Billing. By enrolling in the Subscription, you authorize Family Express to charge your authorized payment method for the Monthly Fee plus applicable sales tax, on a recurring monthly basis for your selected Subscription (each a “Billing Cycle”) beginning on the day you start your Subscription and on the same calendar day each subsequent month thereafter, provided that, where a particular month does not include a particular calendar day (i.e. the 31st), you will be charged on the last date of that month (each, a “Monthly Term,” and collectively, the “Term”) until your Subscription is cancelled or terminated (which we may do at any time) in accordance with this Agreement by either party. You hereby accept responsibility for all recurring charges made to your payment method(s) prior to cancellation or termination. Unless and until your Subscription is cancelled or terminated, your Subscription will be automatically extended for successive Monthly Terms at the then-current Subscription Monthly Fee plus applicable sales tax. If your Subscription is cancelled or terminated, you may use your Subscription Benefits until the end of the applicable Billing Cycle and your Subscription will not be renewed after that Billing Cycle ends. Family Express may submit those charges for payment, and you will be responsible for such charges. FAMILY EXPRESS MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FAMILY EXPRESS REASONABLY COULD ACT.
TO TERMINATE YOUR AUTHORIZATION, VISIT YOUR ACCOUNT SETTINGS ON YOUR MOBILE FAMILY EXPRESS APP TO CANCEL YOUR MEMBERSHIP.
7.2 Changes to Authorized Payment Method. You may update your authorized payment method at any time by using the following method:
7.3 Cancellation. You may cancel your Subscription at any time by using any of the following methods:
Your cancellation request must be submitted at least forty-eight (48) hours before the start of the next Billing Cycle. If you cancel your Subscription, you may use your Subscription Benefits until the end of the Billing Cycle and your Subscription will not be renewed once that Billing Cycle ends. In such event, you will not be entitled to a prorated refund of any unused portion of the Subscription Monthly Fee. If you cancel your Subscription but want to re-enroll, you may do so by visiting your User Account settings on the App.
7.4 Change in Amount Authorized. Any changes to the Monthly Fee will be communicated to you with at least thirty (30) days' advance notice. You have the right to cancel your Subscription in accordance with Section 7.2, above. Unless you cancel your Subscription, your continued use of the Subscription after the notice period constitutes acceptance of the new Monthly Fee. If you do not agree to the price change, you must cancel your Subscription before the new Monthly Fee takes effect. Any agreement you have with the issuer of your payment method(s) will govern your use of your payment method(s) as a payment mechanism.
7.5 Change in Subscription. Once purchased, Subscription Plans can be upgraded or downgraded through the App by tapping “Manage Subscription” and then selecting “Upgrade/Downgrade,” allowing you to buy a new Subscription at the full retail price. Once completed, your current Subscription will be cancelled but will remain active until the end of the then-current Term, and your new Subscription will commence as of the purchase date. There is no prorating of Subscriptions plans. Upgrades and downgrades are best made before the start date of your next Billing Cycle, and prior to the renewal being processed, in order to avoid unintended renewal charges. Subscribers can cancel their Subscription pursuant to Section 7.3, above. For assistance with changes to your Subscription Plan, please contact Family Express by email at info@familyexpress.com or by telephone at 219-462-0144 to speak to a representative.
8. Current Information Required. YOU MUST PROMPTLY update your payment information by tapping, “Update Payment Information” in the App IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT, USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE TO YOUR USER ACCOUNT SETTINGS. IF YOU FAIL TO NOTIFY FAMILY EXPRESS OF ANY OF THE FOREGOING, YOU AGREE THAT FAMILY EXPRESS MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION.
9. Dispute Resolution; Arbitration Agreement; Class Action Waiver. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
For purposes of this Section 9, “Family Express” or “we” shall include Family Express Corporation and its subsidiaries, affiliates, agents, employees, officers, directors, successors, and assigns.
(a) MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS
If you and Family Express have a Dispute (defined below) and our customer service team is unable to resolve your concerns, you and Family Express agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding by first providing the other party with a detailed written notice (“Notice of Dispute”), which must include: (i) your/our name and contact information (address, telephone number, email address, and account number if applicable); (ii) sufficient information to identify any transaction at issue (including any receipts or purchase details); (iii) the nature and basis of the Dispute, with any supporting information and documentation; and (iv) a statement of the specific relief sought and any damages incurred, if any. A Notice of Dispute must be emailed to the Family Express Corporation at legal@familyexpress.com and to you via the email address associated with your User Account.
For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and Family Express agree to make attempts to resolve the Dispute amicably, and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Family Express may commence an arbitration proceeding pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
(b) ARBITRATION AGREEMENT.
IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY FAMILY EXPRESS PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITE OR APP, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, BENEFITS, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SUBSCRIPTION, APP, SITE, AND/OR ANY APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT.
Any dispute, claim, or controversy arising out of or related to this Agreement, your Subscription, or any interactions with Family Express related thereto, that has not been resolved by the informal dispute resolution process identified above will be resolved exclusively through binding arbitration administered by one (1) arbitrator under the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. To commence arbitration, a Demand for Arbitration must be executed and served on Family Express’ Legal Department, at 213 S. State Road 49, Valparaiso, Indiana 46383 pursuant to instructions provided by AAA to submit a Dispute to arbitration. Service of the Demand for Arbitration on you will be sent to the address you last provided in your User Account. The AAA will select an arbitrator within thirty (30) days of receipt of the Demand for Arbitration. Arbitration will proceed on an individual basis only; collective, class, or representative actions are expressly prohibited. The arbitration shall take place in-person in the county geographically closest to Family Express’ principal office address, unless the parties otherwise expressly agree in writing to a different venue, which shall be valid and enforceable only when executed by both parties. This agreement for arbitration is governed by the Federal Arbitration Act and preempts any state laws to the contrary.
By agreeing to these terms, you waive your right to a trial by jury or to participate in any class or collective proceedings. Arbitration will occur in a location mutually agreed upon or determined by the arbitrator, and any award rendered shall be final and binding. For more information on AAA rules or to initiate arbitration, visit their website at www.adr.org. Exceptions to arbitration include claims that qualify for small claims court or instances where arbitration is deemed unenforceable.
(c) FUTURE CHANGES TO DISPUTE RESOLUTION SECTION.
Notwithstanding any provision to the contrary, you agree that if Family Express makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within 30 days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
(d) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. Further, unless both you and Family Express expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.
10. Limitation on Damages. Notwithstanding any provision in this Agreement to the contrary, the parties agree that Family Express’ total liability to you for any and all claims arising out of or in relation to this Agreement and/or the Family Express Monthly Car Wash Subscription Program shall not exceed the total monthly fees paid by you during the six (6) months immediately preceding the event giving rise to the claim. You specifically waive any claims for indirect, special, incidental, consequential, exemplary or punitive damages.
11. Disclaimer of Warranties. The Family Express Car Wash Subscription Program, Subscription Plans, Subscription Benefits, and the App are provided “AS-Is” and “As Available” with all faults and without warranty of any kind (express or implied). Family Express does not guarantee, represent, or warrant that all Subscription Plans or Subscription Benefits will be available at all Family Express store locations. Family Express does not represent that the services are suitable for your vehicle(s). Without limiting the generality of Section 10, above, Family Express specifically disclaims liability, and you assume all risk, for damage to your vehicle(s) or property, or for injuries related to or arising from, any of the following: (a) failure to follow any verbal or written instructions or directions related to use of the Subscription Benefits or applicable wash bay; (b) preexisting damage, defects, or other similar conditions; (c) negligent acts or omissions; (d) equipment, parts, or accessories that are aftermarket, non-standard, or otherwise not manufactured by the original equipment manufacturer of the vehicle(s); and (e) unsecured or loose items or personal property.
12. Indemnification. You agree to indemnify, defend and hold Family Express, and its respective directors, employees, agents and contractors, harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from your (i) breach of these Terms; (ii) violation of any applicable laws, rules, instructions, or regulations; (iii) violation of the rights of another; and/or (iv) misuse of, or unauthorized activities in connection with, the wash bay or any components in connection thereto, the App, or the Subscription program, including any unauthorized access or use of your User Account. We reserve, and you hereby grant to us, the exclusive right to control the defense of any claim for which we are entitled to indemnification. In such an event, you agree to provide us with such cooperation as we may reasonably request.
13. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating thereto. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term, provision, or condition or as a waiver of any other term, provision, or condition of this Agreement. No failure or delay in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, remedy, power, or privilege hereunder. This Agreement shall be governed by the laws of Indiana without regard to rules of conflict of law. Exclusive venue for any action brought hereunder will be Indiana and in federal or state courts closest to Valparaiso, Indiana. This Agreement shall be binding upon and inure to the benefit of each of parties hereto and their respective successors and assigns; provided, however, that the requester shall not have the right to assign this Agreement without the prior written consent of Family Express, at its sole and absolute discretion in each instance. In any action or proceeding arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party thereto all costs and expenses incurred by the prevailing party including, without limitation, reasonable arbitration costs and attorneys’ fees. The section headings contained in this Agreement are for convenience and reference purposes only and shall not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, nor shall it affect the validity, legality, or enforceability of such provision in any other jurisdiction, and the parties agree to negotiate in good faith to modify such provision to preserve, to the maximum extent possible, the original intent thereof.