Whistle Express Fleet Terms of Service

Last updated: 10/9/2025

This document contains the Fleet Terms of Service (“Terms”) for Express Wash Operations, LLC, a limited liability company organized under the laws of Delaware and d/b/d Whistle Express (“Company,” “we,” “our, or “us”).  These Terms are binding and govern fleet customer participation in our Fleet Program.

1. Overview of Services

Our Fleet Program provides designated company vehicles to receive discounted car washes as set forth in the order form you signed. We reserve the right to modify fleet plans, fees, and discounts at our sole discretion.

2. Eligibility and Responsibilities

To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) agree to provide accurate and current information to Company; (iv) have the authority to bind your company to these Terms; and (v) agree to comply with all applicable laws and regulations.   You also authorize us, or our designee, to seek and obtain a credit check or credit report on You in our discretion as needed for account approval and management. For this purpose, you agree to provide any financial information reasonably requested by us. We may modify or revoke credit terms at our sole discretion.

3. Payment Terms and Invoicing

Billing terms will be governed by the payment structure specified in the signed order form. Pay-Per-Wash plans require a minimum of ten (10) washes per month, which establishes an $85 monthly minimum. At the end of each month, Company reserves the right to invoice Client for any remaining balance if the minimum is not met. Client must notify Company of any billing disputes within thirty (30) days of receipt of an invoice.  Unless otherwise provided herein, Customer may terminate this Agreement upon thirty (30) days’ advance written notice by emailing such notice to .

(a) Price Adjustments. Company reserves the right to adjust discounts, pricing, and monthly minimum requirements on an annual basis to reflect changes in labor, utilities, materials, or other operating costs. Any such adjustment shall become effective thirty (30) days following written notice to Client. Client’s continued participation in the Fleet Program following such notice shall constitute acceptance of the adjustment.

4. Communication

We will send account-related notifications via email or text message (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) to the cell phone number or email address you provided. You consent to receive electronic communications, which satisfy any legal communication requirements. 

5. Account Management and Security

Client agrees that all submitted information is true, accurate, current and complete.  Client agrees to promptly notify us in writing if Client’s information changes. Client is responsible for maintaining accurate account information.  Company is not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by Client. To update or cancel the account, visit a service location, or email . 

With regard to account details online, Client agrees to: (i) keep its password secure and confidential; (ii) not permit others to use its account; (iii) not use the accounts of others; and (iv) not transfer its account to another party. Unauthorized account activity must be reported immediately. Client is responsible for any activity occurring under its account.  

6. Collection of Information

To participate in the Fleet Program, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the Company Privacy Notice, as amended from time to time and available at https://whistleexpresscarwash.com/privacy-policy/.

7. Right to Restrict or Terminate Access

We reserve the right to suspend or terminate your enrollment in the Fleet Program at our sole discretion and at any time, with or without notice. Following suspension or termination, you shall immediately cease use of the Services. Upon termination, Company reserves the right to delete all of your data and other information stored on Company’s servers. Company will not be liable to you or any third party as a result of the account suspension or termination or for any actions taken by Company pursuant to these Terms as a result of such suspension or termination. Without limiting the generality of the foregoing, Company will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use, suspension, or termination of the Services.

8. Disclaimer of Warranties

While Company will endeavor in good-faith to provide quality car washes to Your vehicles, to the fullest extent permitted by applicable law, You acknowledge and agree that the use or receipt the Company’s services is at Your sole risk.  SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. COMPANY DOES NOT GUARANTEE UNINTERRUPTED SERVICE OR SUITABILITY FOR ANY SPECIFIC VEHICLE. COMPANY DOES NOT GUARANTEE THAT SERVICES WILL MEET CLIENT’S REQUIREMENTS, WILL BE ERROR-FREE OR COMPLETELY SECURE. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO CLIENT’S VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS, IN ADDITION TO THE VEHICLE EQUIPMENT LIABILITY CLAUSE IN SECTION 9: Loose or broken parts; Molding, racks, and the like; Wheel covers or center caps; Non-factory installed parts or accessories, such as after-market wheels; Unsecured personal items; Driver or operator failure to follow instructions; Driver or operator negligence, including but not limited to collusions due to braking or driving in car wash tunnel; Moonroofs, sunroofs, glass or bug shields; Electronic running boards left down; Windshields; Rear windshield wipers; Automatic windshield wipers left on; Body damage or scratches; Vehicles over 5 years old; and Pre-existing conditions.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE, INABILITY TO USE, OR THE RESULTS OF USING OUR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WARRANTY, CONTRACT, OR  NEGLIGENCE.  IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR USING THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100 US DOLLARS.

The Parties agree that these limitations and exclusions are intended to fairly distribute risk between the Parties and are reflected in the pricing of Company’s services. They form an essential part of this Agreement.  Each provision in this section is separate and enforceable, even if another provision is found unenforceable.  These limitations apply even if a limited remedy fails in its essential purpose.

10. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) Content or any other material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. Company reserves the right, at its own expense (but not the obligation), to assume the exclusive defense and control of any matter otherwise subject to defense by you.

11. Dispute Resolution

In the event a dispute occurs arising out of or relating to this Agreement, the Parties shall first undertake a good-faith effort to resolve such dispute by and between themselves without seeking arbitration or judicial intervention.  In the event the Parties are unable to reach a resolution following this process, both Parties agree that all claims shall then be resolved exclusively through final and binding arbitration. Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), available at www.adr.org, or any other mutually agreed upon arbitration body and rules.  The location of such arbitration shall be at Company’s headquarters located in Charlotte, North Carolina. A Dispute also includes without limitation disagreement about this Section’s meaning, application, or enforcement. Except as otherwise provided herein, either party may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or seek entry of judgment on the arbitrator’s final decision.  The Parties agree that the exclusive venue for the action described in the immediately preceding sentence shall be before a state court of competent jurisdiction situated in Mecklenburg County, N.C. Each party expressly consents to personal jurisdiction in North Carolina and waives any challenge to the forum based upon forum inconveniens or other similar doctrine.

BOTH PARTIES UNDERSTAND AND AGREE THAT THEY WAIVE THEIR RESPECTIVE RIGHTS TO HAVE A COURT RESOLVE THEIR DISPUTES, AND, THE PARTIES FURTHER AGREE TO WAIVE THEIR RIGHT TO A TRIAL BY JURY. 

12. Restrictions

All claims must be brought on an individual basis – no class or representative actions are permitted.  You hereby waive your right to seek to certify or otherwise join in a class action under any law or legal theory.  Arbitration and all actions or communication related to arbitration are confidential, except as required by law.

13. Survival and Severability

Sections 11 and 12 shall survive the termination of these Terms.  If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Except as set forth in the immediately preceding sentence, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, the entire Arbitration Agreement shall be null and void.  No portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and us. 

14. Time Limitations on Claims

Arbitration must be initiated within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred. 

15. Electronic Notices and Disclosures

Client acknowledges and agrees that Company may provide notices and other disclosures to Client electronically by posting such notices or other disclosures on Company’s website or by emailing it to Client at any email address provided to Company by you. Such notices or other disclosures shall be considered received following the posting on the website or twenty-four (24) hours following the email being sent, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided as a paper copy. 

16. Changes to Terms

Other than the pricing of services and the payment requirements contained herein, Company may add to, change, or remove any part of these Terms, at any time without prior notice. Such modification shall be effective immediately upon disclosure of such changes by Company to Client. Client’s continued use of the Fleet Program shall constitute acceptance of the modified Terms. Please contact us at for questions about our Terms of Service.

17. Feedback

Client grants us the unrestricted right to use any feedback Client provides, including comments, ideas, concepts, reviews, techniques, or other materials shared through communications, questionnaires, or our website and user interfaces. We may use this feedback worldwide and indefinitely, without compensation, acknowledgment, or further obligation, for purposes such as developing, manufacturing, marketing, and improving our services, membership plans, and other products. Additionally, to the extent allowed by law, Client waives any moral rights associated with its feedback.

18. Miscellaneous

a. Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under the present or future laws effected during the term of this agreement, such provision shall be fully severable from the remaining provisions of these Terms, and it shall not affect the validity of the remaining provisions, which provisions shall be given full force and effect as if the illegal, unenforceable, or invalid provision had not been included in these Terms. In lieu of an illegal, unenforceable, or invalid provision, there shall, to the fullest extent permitted by law, be substituted a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid and enforceable.

b. Authority.  All Parties to this Agreement represent and warrant that they have taken all actions and obtained all authorizations, consents, and approvals that are conditions precedent to their authority to execute this Agreement.

c. Waiver and Governing Law.  The Company’s waiver of one or more provisions of this Agreement does not constitute a waiver of any other provision or provisions of this Agreement, and Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.  This contract shall be governed and construed by the laws of the State of North Carolina without regard to its choice-of-law or conflict of law

d. Copies and Counterparts.  Copies of this signed Agreement shall be treated as originals. This Agreement may be signed in any number of counterparts, including copies, which, read together, will constitute one and the same documents. 

e. Headings. The headings contained herein (the bold type face at the beginning of various sections of this Agreement) are provided for the convenience of the reader.  To the extent there is a conflict between a heading and the plain text of any provision of this Agreement, the text of the provision shall control over the heading.

f. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Company homepage constitute the entire agreement between the parties with respect to use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by Client by shall be effective unless approved in writing by Company.