Elite Auto Designs

    ELITE AUTO DESIGNS

    MASTER SERVICE AGREEMENT

    Liability Waiver • Assumption of Risk • Binding Arbitration

    This Agreement is entered into between Elite Auto Designs ("Company") and the undersigned customer ("Client"). By authorizing any service, Client agrees to the following legally binding terms:

    1. ASSUMPTION OF RISK

    Client understands that detailing, paint correction, ceramic coating, wet sanding, steam cleaning, extraction, chemical treatment, and mechanical polishing involve inherent and unavoidable risks.

    By authorizing services, Client voluntarily assumes all risks associated with cosmetic automotive reconditioning and releases Elite Auto Designs from liability except in cases of proven gross negligence or willful misconduct.

    2. PRE-EXISTING, HIGH-VALUE & EXOTIC VEHICLE CONDITIONS

    Elite Auto Designs is not responsible for:

    • Pre-existing scratches, chips, dents, oxidation, or clear coat failure
    • Thin, aged, fragile, or failing paint systems
    • Repainted or refinished panels
    • Carbon fiber, matte paint, satin finishes, wraps, or specialty coatings
    • Prior body repairs or undisclosed damage

    Detailing may expose hidden defects. Elite Auto Designs LLC is not liable for revealing prior damage.

    High-End / Exotic Vehicle Clause

    For vehicles classified as luxury, exotic, collector, specialty, or valued above $75,000:

    • Client acknowledges increased risk due to specialized materials and finishes.
    • Client agrees that diminished value claims are expressly waived.
    • Company liability remains limited to the amount paid for services rendered.

    3. PRE-EXISTING DAMAGE AND CONDITION ACKNOWLEDGMENT

    The Customer acknowledges that vehicles, aircraft, motorcycles, and other equipment may contain pre-existing damage, wear, or defects that may not be immediately visible prior to the start of services. Such conditions may include, but are not limited to:

    • Scratches, swirl marks, rock chips, or paint defects
    • Dents, dings, or body damage
    • Cracked, chipped, or weakened glass
    • Loose, aged, faded, or deteriorated trim, plastics, or emblems
    • Prior repairs, repainting, or bodywork
    • Mechanical or structural defects
    • Weak or deteriorated paint, clear coat failure, or oxidation

    The Customer understands and agrees that cleaning, detailing, polishing, washing, or restoration processes may reveal or expose pre-existing damage that was previously hidden by dirt, oxidation, wax, grease, or other contaminants.

    The Customer further agrees that Elite Auto Designs LLC shall not be responsible for any pre-existing damage or for the exposure of such damage during the normal course of performing professional detailing or cleaning services.

    The Customer acknowledges that any pre-existing damage observed by Elite Auto Designs LLC may be documented through written notes, photographs, or video recordings prior to or during service, and such documentation may be used as evidence in the event of any dispute.

    By authorizing service, the Customer confirms that they have disclosed any known damage, defects, or prior repairs to Elite Auto Designs LLC and agree that Elite Auto Designs LLC is not liable for issues resulting from undisclosed conditions or pre-existing defects.

    4. PAINT CORRECTION HIGH-RISK WAIVER

    Client acknowledges:

    • Paint correction removes measurable clear coat.
    • Edges, body lines, and repainted panels carry elevated burn-through risk.
    • Perfection is not guaranteed; safe correction limits will not be exceeded.
    • Client expressly authorizes correction procedures and assumes all associated risk.

    5. CERAMIC COATING DISCLAIMER

    Client understands:

    • Ceramic coatings are not scratch-proof, impact-proof, or damage-proof.
    • Environmental damage (bird droppings, hard water, tree sap, chemicals) remains possible.
    • Maintenance is required to preserve coating performance.
    • Failure to follow aftercare instructions voids any warranty.
    • Vehicle must remain dry during curing period.
    • No lifetime guarantee is provided unless expressly stated in writing.

    6. STAIN, ODOR & BIOHAZARD LIMITATIONS

    Complete stain or odor removal is not guaranteed. Attempted remediation of severe contamination may expose permanent damage. Company is not liable for permanent discoloration or material breakdown.

    7. AFTERMARKET PARTS & ELECTRONICS

    Company is not responsible for malfunction or damage involving:

    • Aftermarket electronics
    • Remote starts or alarms
    • Audio systems
    • Improper installations

    Client assumes all risk for non-OEM modifications.

    8. MOBILE SERVICE CONDITIONS

    For mobile services, Company is not responsible for environmental contamination occurring after completion, including rain, dust, sprinkler systems, or airborne debris.

    Company reserves sole discretion to reschedule due to unsafe weather or site conditions.

    9. WEATHER, ACCESS, AND SERVICE CONDITIONS

    The Customer acknowledges that mobile detailing services are subject to weather conditions, environmental factors, and the suitability of the service location.

    The Customer agrees to provide a safe, accessible, and appropriate location for the performance of services. This includes, but is not limited to:

    • Adequate space to safely access the vehicle or equipment
    • Reasonable lighting if services are performed indoors or during low-light conditions
    • A location that complies with local laws, HOA rules, or property regulations
    • Safe working conditions free from hazards, heavy traffic, or dangerous surroundings

    Services may be delayed, rescheduled, modified, or discontinued if conditions are deemed unsuitable by Elite Auto Designs LLC, including but not limited to:

    • Rain, snow, extreme heat, freezing temperatures, or severe weather
    • Lack of safe access, parking, or workspace
    • Water or power restrictions where applicable
    • Interference from property management, HOA rules, or law enforcement
    • Any condition that may compromise safety or service quality

    Elite Auto Designs LLC reserves the right, at its sole discretion, to reschedule services or relocate the service area if environmental or location conditions prevent safe or proper completion of the work.

    If Elite Auto Designs LLC arrives at the scheduled service location and the service cannot be performed due to unsuitable conditions outside Elite Auto Designs LLC's control, the Customer may be responsible for a travel fee, service call fee, or cancellation fee, as determined by Elite Auto Designs LLC.

    Elite Auto Designs LLC shall not be liable for delays, rescheduling, or incomplete services caused by weather conditions, access limitations, or unsafe work environments.

    10. RIGHT TO REFUSE OR DISCONTINUE SERVICE

    Elite Auto Designs LLC reserves the absolute right to refuse, decline, or discontinue services at any time if, in its sole discretion, the condition of the vehicle, aircraft, motorcycle, or equipment presents a safety risk, health hazard, or unreasonable service condition.

    Such conditions may include, but are not limited to:

    • Biohazards including mold, bodily fluids, excessive pet waste, insects, or hazardous substances
    • Unsafe structural conditions or mechanical issues that may create risk during service
    • Excessive contamination or neglect beyond the scope of normal detailing services
    • Aggressive, threatening, or inappropriate behavior by the Customer or any individual present at the service location
    • Unsafe or unsuitable service locations, including inadequate lighting, space, weather conditions, or access

    If services are refused or discontinued after arrival, the Customer may still be responsible for a service call fee, cancellation fee, or partial payment for work already performed, as determined by Elite Auto Designs LLC.

    Elite Auto Designs LLC shall not be liable for incomplete services if work is refused or discontinued under this provision.

    By authorizing service, the Customer acknowledges and agrees that Elite Auto Designs LLC retains full discretion to determine whether service conditions are safe and appropriate to proceed.

    11. NO GUARANTEE OF SPECIFIC RESULTS

    The Customer acknowledges that detailing, cleaning, polishing, and restoration services are cosmetic in nature and may significantly improve the appearance of the vehicle, aircraft, motorcycle, or equipment but cannot guarantee the complete removal of all stains, scratches, odors, oxidation, swirl marks, or other defects.

    Results may vary depending on factors including, but not limited to:

    • Age and condition of the vehicle or equipment
    • Severity of stains, contamination, or damage
    • Type and condition of materials such as paint, leather, vinyl, plastic, carpet, or fabric
    • Previous repairs, repainting, or aftermarket modifications

    Elite Auto Designs LLC does not guarantee specific cosmetic results and shall not be held responsible if certain defects cannot be corrected or fully removed. By authorizing services, the Customer acknowledges that reasonable efforts will be made to improve the condition and appearance, but no specific outcome is guaranteed.

    12. CUSTOMER PROPERTY AND PERSONAL ITEMS DISCLAIMER

    The Customer is responsible for removing all personal belongings, valuables, and sensitive items from the vehicle, aircraft, motorcycle, or equipment prior to the start of services.

    Elite Auto Designs LLC shall not be responsible for loss of, or damage to, any personal items left inside the vehicle or equipment, including but not limited to:

    • Cash, credit cards, or valuables
    • Electronics and mobile devices
    • Documents or personal records
    • Firearms or other restricted items
    • Child seats, accessories, or detachable components

    Any items remaining in the vehicle during service are left at the Customer's own risk.

    The Customer further acknowledges that certain areas may not be cleaned or accessed if personal property prevents safe or proper service, and Elite Auto Designs LLC shall not be responsible for incomplete service resulting from such circumstances.

    13. INSPECTION & CLAIM DEADLINE

    Vehicle must be inspected immediately upon completion.

    All claims must be submitted in writing within 24 hours.

    Failure to provide written notice within 24 hours constitutes full acceptance of services and waiver of claims.

    14. PAYMENT & COLLECTION

    Payment is due immediately upon completion. Deposits are non-refundable.

    Unpaid balances may result in:

    • Storage fees
    • Mechanic's lien where permitted by Maryland, Virginia, or District of Columbia law
    • Collection action including attorney's fees and court costs

    Client agrees to pay all reasonable costs associated with collection.

    15. LIMITATION OF LIABILITY

    To the fullest extent permitted by Maryland, Virginia, and District of Columbia law:

    Company's maximum liability shall not exceed the amount paid for the specific service performed.

    Company shall not be liable for:

    • Incidental damages
    • Consequential damages
    • Loss of use
    • Rental vehicle costs
    • Diminished value
    • Emotional distress
    • Lost profits

    16. GOVERNING LAW ACKNOWLEDGMENT & CONSENT TO MARYLAND VENUE

    Governing Law Acknowledgment

    The Customer expressly agrees that this Agreement shall be governed exclusively by the laws of the State of Maryland, regardless of the location where the services are performed. The Customer further acknowledges and agrees that Maryland law shall apply to the interpretation, enforcement, and resolution of any dispute arising from or related to this Agreement, even if services are performed outside the State of Maryland.

    Consent to Maryland Venue

    The Customer agrees that any dispute, claim, or legal proceeding arising out of or relating to this Agreement or the services provided shall be brought exclusively in the state or federal courts located within the State of Maryland.

    The Customer expressly consents to the personal jurisdiction of the courts in the State of Maryland and agrees to appear, participate, and defend any such action in Maryland, regardless of the Customer's state of residence or the location where the services were performed.

    The Customer further waives any objection to venue, jurisdiction, or claims that Maryland is an inconvenient forum.

    17. MEDIA RELEASE & MARKETING AUTHORIZATION

    Client grants Elite Auto Designs permission to photograph and video the vehicle for:

    • Social media (including Instagram, Facebook, TikTok)
    • Website use
    • Advertising and promotional materials

    No personal identifying information (such as full name, address, or license plate number) will be intentionally disclosed without consent.

    Client waives any claim to compensation or ownership of media content created.

    18. PAYMENT DISPUTES & CHARGEBACK WAIVER

    Client agrees that by authorizing services and providing payment (including credit/debit card, electronic transfer, financing, or digital payment platform), they are entering into a legally binding transaction.

    A. No Improper Chargebacks

    Client agrees not to initiate a chargeback, payment reversal, or payment dispute without first contacting Elite Auto Designs and providing written notice of the dispute within 24 hours of service completion.

    B. Fraudulent Dispute Liability

    If Client initiates a chargeback without valid legal basis after services have been rendered:

    • Client agrees that the charge is authorized and valid.
    • Client agrees to reimburse Elite Auto Designs for:
      • The original service amount
      • Chargeback fees
      • Merchant processing penalties
      • Administrative time
      • Collection costs
      • Attorney's fees

    C. Evidence Authorization

    Client authorizes Elite Auto Designs to provide signed agreements, invoices, photographs, text messages, and service documentation to financial institutions in response to any dispute.

    D. Personal Guarantee

    If payment is made on behalf of a business or third party, the signing individual personally guarantees payment and responsibility for any dispute or chargeback.

    19. DISPUTE RESOLUTION (MEDIATION / ARBITRATION)

    In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the services provided, the parties agree to first attempt to resolve the matter through good faith negotiation.

    If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to non-binding mediation conducted by a mutually agreed-upon mediator prior to initiating any legal action.

    If mediation does not resolve the dispute, the parties agree that the matter shall be resolved through binding arbitration administered by a recognized arbitration service in the jurisdiction whose laws govern this Agreement. The arbitration decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

    Nothing in this section shall prevent either party from seeking temporary injunctive or equitable relief in a court of competent jurisdiction where necessary to protect legal rights or property.

    20. FORCE MAJEURE

    Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to:

    • Acts of God, including floods, earthquakes, hurricanes, tornadoes, or other natural disasters
    • Fire, explosion, or severe weather conditions
    • Epidemics, pandemics, quarantines, or public health emergencies
    • War, terrorism, civil unrest, riots, or acts of government
    • Strikes, labor disputes, or work stoppages
    • Power outages, utility failures, or internet disruptions
    • Supply chain disruptions, material shortages, or equipment failure
    • Government orders, regulations, embargoes, or sanctions

    In the event of a Force Majeure occurrence, the affected party shall promptly notify the other party in writing and shall use reasonable efforts to mitigate the impact of the event. The affected party's obligations under this Agreement shall be suspended for the duration of the Force Majeure event.

    If the Force Majeure event continues for a period exceeding thirty (30) days, either party may terminate the affected services upon written notice without penalty or liability, except for payment of services already rendered.

    Force Majeure shall not excuse the Client's obligation to pay for services that have already been completed prior to the occurrence of the Force Majeure event.

    21. INDEMNIFICATION

    The Client agrees to indemnify, defend, and hold harmless Elite Auto Designs LLC, its owners, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

    • The Client's breach of any term, representation, or obligation under this Agreement
    • The Client's misuse of services or failure to follow care and maintenance instructions provided by Elite Auto Designs
    • Any inaccurate, incomplete, or misleading information provided by the Client regarding the condition of the vehicle, aircraft, or property
    • Claims brought by third parties arising from the Client's use, ownership, or operation of the vehicle or property after services have been performed
    • Any chargeback, payment dispute, or fraudulent payment activity initiated by the Client or on the Client's behalf
    • Personal injury or property damage caused by the Client, the Client's agents, or third parties at the service location

    This indemnification obligation shall survive the termination or expiration of this Agreement and shall apply regardless of whether the claim is based on contract, tort, strict liability, or any other legal theory.

    Elite Auto Designs LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Client, in which case the Client agrees to cooperate fully with Elite Auto Designs in asserting any available defenses.

    22. SEVERABILITY

    If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if modification is not possible, it shall be severed from this Agreement.

    The remaining provisions of this Agreement shall continue in full force and effect and shall be construed as if the invalid or unenforceable provision had never been included. The invalidity or unenforceability of any provision in one jurisdiction shall not affect its validity or enforceability in any other jurisdiction.

    23. ENTIRE AGREEMENT

    This Agreement, together with any service-specific addenda, work orders, invoices, or supplemental terms provided by Elite Auto Designs LLC at the time of service, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written negotiations, representations, warranties, commitments, offers, contracts, and understandings relating to the subject matter herein.

    No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of Elite Auto Designs LLC. No oral statement, course of dealing, or prior practice between the parties shall modify or supplement the terms of this Agreement.

    Client acknowledges that they have not relied on any representation or promise not expressly set forth in this Agreement in deciding to authorize services from Elite Auto Designs LLC.

    24. ATTORNEY'S FEES

    In the event any legal action, arbitration, or proceeding is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, court costs, arbitration fees, and other related expenses from the non-prevailing party, to the fullest extent permitted by law.

    25. WAIVER OF CLASS ACTION

    The Customer agrees that any dispute, claim, or controversy arising out of or relating to this Agreement, the services provided, or the relationship between the Customer and Elite Auto Designs LLC shall be resolved on an individual basis only.

    The Customer hereby waives any right to participate in, initiate, or be a member of any class action, collective action, consolidated action, or representative proceeding against Elite Auto Designs LLC, its owners, officers, employees, agents, contractors, or affiliates.

    This waiver applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claim is brought in court, arbitration, or any other forum.

    If any court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and resolved individually, and all remaining claims shall continue to be subject to this waiver.

    By authorizing services, the Customer acknowledges that they have read, understood, and voluntarily agreed to this waiver of class action rights and that this waiver is a material term of this Agreement.

    26. DATA PRIVACY & COMMUNICATIONS CONSENT

    By authorizing services, the Customer consents to the collection, use, storage, and processing of personal information by Elite Auto Designs LLC as reasonably necessary to perform the requested services, manage the customer relationship, and comply with applicable laws.

    Personal information collected may include, but is not limited to:

    • Name, email address, phone number, and mailing address
    • Vehicle, aircraft, motorcycle, or equipment information (make, model, year, VIN, license plate)
    • Payment and billing information
    • Service history, preferences, and communications
    • Photographs and video recordings of the vehicle or equipment taken before, during, or after service
    • IP address, browser information, and website usage data

    The Customer consents to receive communications from Elite Auto Designs LLC, including but not limited to:

    • Service confirmations, appointment reminders, and follow-up communications via email, SMS, or phone
    • Promotional offers, newsletters, loyalty program updates, and marketing materials
    • Transactional messages related to invoices, payments, and account activity

    The Customer may opt out of promotional communications at any time by following the unsubscribe instructions provided in any marketing message or by contacting Elite Auto Designs LLC directly. Opting out of promotional communications does not affect Elite Auto Designs LLC's ability to send transactional or service-related messages.

    Elite Auto Designs LLC will not sell, rent, or distribute personal information to unaffiliated third parties for their independent marketing purposes. Elite Auto Designs LLC may share personal information with trusted service providers, payment processors, and business partners solely as necessary to fulfill services, process transactions, or comply with legal obligations.

    Elite Auto Designs LLC implements reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of electronic storage or transmission is completely secure, and Elite Auto Designs LLC cannot guarantee absolute security of personal data.

    By authorizing services, the Customer acknowledges that they have read and understood this data privacy and communications consent provision and agree to the collection, use, and processing of their personal information as described herein.

    CLIENT ACKNOWLEDGEMENT

    By authorizing the service, Client acknowledges that:

    • They have read this Agreement in full
    • They understand its terms
    • They voluntarily agree to be legally bound
    • They understand they are waiving certain legal rights, including the right to sue in court