Terms & Conditions

Terms and Conditions of Use

Revision 2 July 19, 2023

“Agreement” means the Reservation Details (as defined below), and any associated Club Service Agreement (as defined below), including these Service Terms which are incorporated by reference therein.

“Kings CGC” means Kings Clean Garage Club LLC.

“Equipment” means any one or more of the items identified in the Reservation Details and any accessories, attachments or other similar items delivered to Member including, but not limited to, any items selected in association with the Services identified below, air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles.

“Customer or Member” means the person or entity identified in the Reservation Details, person assigned to the Service Agreement or any representative, agent, officer or employee of Customer or Member.

“Store Location” means the Kings CGC address set forth in the Service Agreement.

“Qualified Operator or User” means any individual who is permitted by Member to operate the equipment selected in the Service Agreement within the Kings CGC States.

“Service Agreement” means the agreement made between Member and Kings CGC Equipment and/or provided Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Service Terms and identifies the Equipment to be used by Member. The Agreement incorporates these Service Terms by reference.

“Usage Period” means the period of time between the “Taken Out” and “Returned In,” set forth in the Service Agreement, except that the Usage Period may terminate if Member returns the Equipment earlier.

“Credit Card” means the credit card provided by Member as part of this Agreement or otherwise kept on file with Kings CGC.

“Reservation Details” means the Equipment Usage Period, delivery information, payment information and other information set forth on the Confirmation/Order screen or the Service Agreement, as the case may be.

“Specialty Media” means specialty filtration materials purchased in connection with the Equipment used for fluid solutions, such as sand, gravel, carbon, or other materials used to remove certain contaminants or other materials.

“Tanks” means the Equipment identified as items as part of the Fluid used in the operation of the Equipment.

Authority to Sign; Form Contracts

Inspection of Equipment

Any individual signing the Service Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Member.

Member acknowledges that Member has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Member's needs. Member further acknowledges that Member has inspected the equipment for use prior to taking possession thereof. Member has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Member's towing vehicle, if any. Member acknowledges Kings CGC is not responsible for any damage to Member's towing vehicle caused by detachable hitches or mirrors. If the Member discovers any malfunction or defect in Equipment, Member shall promptly notify Kings CGC. Member shall abide by all manufacturer requirements regarding repair, maintenance, and notice.

Limitation of Liability

In no event shall Kings CGC be liable or responsible to Member or any other party for:

1. any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, or Services;
2. Kings CGC’s failure to deliver the Equipment as required or Kings CGC’s failure to repair or replace non-working Equipment;
3. any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or product liability, even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose; or
4. any liquidated damages.

Member acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is picked up/delivered to Member until the Equipment is returned to Kings CGC and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.

Indemnity / Hold Harmless

To the fullest extent permitted by law, Member agrees to indemnify, defend and hold Kings CGC, and all of its respective officers, agents, servants or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, legal fees, loss of profit, business interruption, other special or consequential damages, damages relating to property damage, bodily injury or damages relating to wrongful death) arising out of or related to the:

1. installation, operation, use, alteration, modification, removal, possession of the equipment,
2. claims by any Member, independent contractor or Member Employee, against Member, including but not limited to any claim that Member failed to disclose or obtain consent to data collection contemplated under this agreement or
3. errors, omissions, inaccuracies or misrepresentations (whether intentional or inadvertent) in the documents or other information provided by Member, or obtained from others (including any third-party documents or documentation), upon which Kings CGC relies when providing the equipment or services. This indemnity provision also applies to any claims asserted against Kings CGC based upon strict or product liability causes of action. However, Member shall not be obligated to indemnify Kings CGC for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of Kings CGC. In furtherance of, but not in limitation of the indemnity provisions in this agreement, Member expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity Member enjoys from suits by its own employees. The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the Service Agreement.

Member Responsibilities

Member shall provide Kings CGC with the information and the documentation Kings CGC requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided, and Services are performed, based on information provided by Member or others, including the Database Information (as defined below), and Kings CGC is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services. Member recognizes that it is impossible for Kings CGC to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Member is responsible for providing a secure and safe work environment for all parties, including Kings CGC and its employees, and for ensuring that the Services are carried out in compliance with applicable laws. In the event that Kings CGC, in its sole discretion, determines that it is unable to perform the Services because Member has not provided a secure and safe work environment, Kings CGC reserves the right to refuse to provide the Services and/or provide the Equipment without any liability whatsoever to Member and Member shall be responsible for any increased costs incurred by Kings CGC.

Equipment Use

A. Use of Equipment

Member is familiar with the proper and safe operation and use of each item of Equipment. Member is knowledgeable on the safe operation of any Equipment selected in the Service Agreement. Member assigned Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner if required under any applicable law. Member agrees to:

• check filters, oil, fluid levels and tire air pressure;
• clean and visually inspect the Equipment daily; and
• immediately cease using the Equipment and immediately notify Kings CGC if Equipment needs repair or maintenance.

Member acknowledges that Kings CGC has no responsibility to inspect the Equipment while it is in Member's possession. Kings CGC shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.

B. Cleaning

Prior to return, Member shall clean the Equipment in accordance with the following requirements:

1. Cleaning must be performed in a manner as to not damage or impair the operation of the use of the Equipment.
2. Cleaning the Equipment will be performed to ensure the Equipment it is free from leaking fluids, dirt and debris.

Kings CGC warrants that the equipment will be in good working order upon receipt and the services will be performed in a good and workmanlike manner. Except as expressly set forth herein, Kings CGC makes no warranties, express or implied with respect to the equipment, specialty media, or services and makes no warranties as to the merchantability of the equipment or its fitness for any particular purpose, including the performance of any filtration equipment to meet any applicable regulatory standard. There is no warranty that the equipment is suited for member's intended use, or that it is free from defects or contaminants. Except as may be specifically set forth in the agreement, Kings CGC disclaims all warranties, either express or implied, made in connection with this transaction. In the event of a breach of the above equipment warranty, Kings CGC shall, at its sole cost and expense, repair or replace the equipment. In the event of a breach of the above service warranty, Kings CGC shall, at its sole cost and expense, re-perform the service.

Malfunctioning Equipment

Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Member shall immediately cease using the Equipment and immediately notify Kings CGC. If such condition is the result of normal operation, Kings CGC will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Kings CGC has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Member must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect identified.

Return of Equipment / Damaged & Lost Equipment

At the expiration of the User Period, Member will return the Equipment to the Store Location during Kings CGC's regular business hours or if Kings CGC has agreed to pick up the Equipment, Kings CGC shall endeavor to pick up the Equipment within a commercially reasonable period of time after Member notifies Kings CGC that the Equipment is available. Member is obligated to restore the Equipment to the same condition as when delivered/picked up, with reasonable wear and tear (as defined below) excepted. Member shall be responsible for all damages to or loss of the Equipment from the time Member takes possession of the Equipment until the Equipment is either returned to the Store Location by Member or picked up by Kings CGC. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Kings CGC for any reason whatsoever, Member will pay Kings CGC 110% of the full replacement list value of the Equipment together with the full Usage rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Member shall pay the reasonable cost of the repair. Kings CGC shall be under no obligation to commence repair work until Member has paid to Kings CGC the estimated cost therefor. Member agrees that Kings CGC reserves the right to charge the Credit Card and/or Member’s account for any amount owed by Member pursuant to this section due to damaged or lost Equipment.

Reasonable Wear and Tear

Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift basis. The following shall not be considered reasonable wear and tear:

1. damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing;
2. except where Kings CGC expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual;
3. damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment;
4. damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof;
5. wear resulting from excessive use; and
6. any other damage to the Equipment which is not considered ordinary and reasonable in the equipment Usage industry.

Late Return

Member agrees that if the Equipment is not returned by the established Usage Period, in its sole discretion, Kings CGC may require Member to do any of the following:

1. pay a $10.00 per day late fee as specified
2. assess a pickup charge of $20 should Kings CGC is required to pick up the item. Member agrees that Kings CGC reserves the right to charge the Credit Card, and/or Member’s account for any amount owed by Member pursuant to this section due to late return of Equipment.

Member Personal Property

With respect to any personal property left in or on the Equipment upon expiration of the Usage Period, Kings CGC is not a bailee or warehouseman of Member’s, or any other person’s, personal property. Kings CGC expressly disclaims any custody, control, or responsibility for the care of Member’s, or any other person’s, personal property. Kings CGC or its agents may remove the personal property from the Equipment. Under no circumstances are Kings CGC or its agents responsible for any personal property that may be lost, stolen, or damaged. Member personal property left in or on the Equipment upon expiration of the Usage Period may be considered abandoned, unclaimed property in accordance with applicable state law.

Usage Period

Usage commences when the Equipment leaves the Store Location and ends when the Equipment is either returned to the Store Location or picked up by Kings CGC after Member notifies Kings CGC that the Equipment Usage Period has ended. Pick-up and delivery by Kings CGC is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Usage and Service Agreement. Additionally, Kings CGC shall invoice Member for any additional excess cleaning or repair costs, including:

1. removal of any alterations made by Member to the Equipment;
2. restoration of the Equipment to its original configuration;

Member will truthfully and accurately certify to Kings CGC the number of shifts the Equipment was operated. Member's right to possess the Equipment terminates on the expiration of the Usage Period and retention of possession after this time is a material breach of the Agreement.

Environmental Service Charge

Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, Kings CGC charges an Environmental Service Charge for certain Equipment. The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at Kings CGC’s discretion. The Environmental Service Charge is 2.00% of the membership rate and will not exceed $42 for Equipment that requires cleaning to comply with state or federal laws.

Payment and Usage

A. Payment

All membership fees are to be paid at the time of renewal. Member acknowledges that timely payment of Usage and service charges is essential to Kings CGC's business operations, and it would be impractical and extremely difficult to fix the actual damages caused by late payment.

B. Usage

Member and Kings CGC agree that the Equipment Usage is for the Member identified in the User Agreement. Any Member that takes possession of the Equipment and allows another user not identified on the User Agreement to Operate or Use the Equipment will forfeit all rights under the User Agreement, and the Membership will be terminated. No refund will be issued.

The Membership Agreement is not a contract of sale, and the Equipment shall at all times remain the property of Kings CGC. Unless covered by a specific supplemental agreement signed by Kings CGC, Member has no option or right to purchase the Equipment.

Tire and Tube Repair or Replacement

Repair or replacement of tires and tubes on Equipment due to improper usage or operation is the responsibility of Member to make needed repairs.

Default

Member shall be deemed in default should Member fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Kings CGC anticipate that Member may become Insolvent; or otherwise be in default. If Member is in default, Kings CGC may do any one or more of the following:

1. terminate the Usage Period;
2. declare the entire amounts due hereunder immediately due and payable and commence legal action therefor;
3. cause Kings CGC’s employees or agents, with notice but without legal process, to enter upon Member's property and take all action necessary to retake and repossess the Equipment, and Member hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Kings CGC in retaking and repossessing the Equipment; or
4. pursue any other remedies available by law.

Member shall be considered “Insolvent” if Member shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

Member's Insurance Coverage

Member agrees to, at Member's sole cost, to have sufficient insurance to cover the damage to Equipment while under Usage of the Member. Coverage should include:

1. property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Member shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Kings CGC. Member shall name Kings CGC as an additional insured for claims arising out of the maintenance, operation, or use by the Member of Equipment to Member by Kings CGC (providing coverage equal or greater than the standard cost or its equivalent), and, if applicable, additional loss payee for property insurance.
2. Member further agrees that the amount of insurance available to Kings CGC shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Agreement. In the event any policy provided in compliance with this Agreement states that the insurance afforded to an additional insured will not be broader than that required by contract, or words of similar meaning, Member agrees that nothing in this Agreement is intended to restrict or limit the breadth of such insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Member. All insurance required by this Agreement shall include a waiver of rights of recovery against Kings CGC or its insurers by the Member and its insurers, as well as a waiver of subrogation against Kings CGC or its insurers. The policies required hereunder shall provide that Kings CGC must receive not less than 30 days' notice prior to any cancellation. Member shall provide, upon request, Kings CGC with documented proof of all required insurance coverage.

No Assignment, Lending or Subletting

Member shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Kings CGC, and any such action by Member, without Kings CGC’s written consent, shall be void. Member agrees to use and keep the Equipment at the address set forth in the Agreement unless Kings CGC approves otherwise in writing. Kings CGC may at any time, without notice to Member, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.