PART 1.0

1. Client understands and agrees that Top Gear Auto Detail cannot guarantee the removal of all contaminants or defects, including, but not limited to upholstery stains, oil stains, chipped or loose paint, etc.

2. Client understands that while Top Gear Auto Detail will make every effort to protect serviced property from damage, they may use high pressure water, chemicals, and/or other items that can be destructive to property, plant life, animals, and humans.

3. Top Gear Auto Detail cannot perform services on a street or public throughways. Services must be performed at our shop, or in a driveway, garage or parking lot with the premises owner’s permission.

4. Client releases Top Gear Auto Detail LLC and employees from any liability for any loss or damage to vehicle, visible or otherwise, that occurred before, during, or after services are performed.



5. Client understands that services rendered such as pressure washing, chemical spot cleaning, etc, may reveal imperfections in surfaces that were not visible prior to cleaning, heavy build ups of mold and dirt may be hiding other problems such as cracks, oil or rust stains, wood rot, flaking or missing paint, etc. In some circumstances the removal of a stain may not be possible or practical, and replacement of surface or repainting may be necessary.

6. Client understands that the presence/combination of water and high pressure associated with pressure washing present certain risks which can lead to permanent damage(s) to the structure being cleaned as well as other personal property in, under, on, or around the general area of the structure being cleaned.

7. Client acknowledges and understands that Top Gear Auto Detail has every right to decline or reschedule a service.

8. Client agrees that they are the legal and/or registered owner of property serviced, or have full permission from the owner to have services performed on said possession.

9. Client agrees that Top Gear Auto Detail shall not be held responsible for any personal belongings left in vehicles or on property.

10. Client agrees to that it is their responsibility to keep themselves, pets and children away from dangerous work being performed.

11. Client understands and assumes these risks and waives and releases Top Gear Auto Detail from, and against, any and all claims.

12. INDEMNIFICATION: CLIENT AGREES TO AND SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND TOP GEAR AUTO DETAIL, ITS OWNERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES AND COSTS) ETC, ARISING OUT OF OR IN CONNECTION TO SERVICES PERFORMED UNDER THIS AGREEMENT, WHETHER OR NOT CAUSED IN PART OR IN WHOLE BY THE NEGLIGENCE OF TOP GEAR AUTO DETAIL, ITS OWNERS, AGENTS OR EMPLOYEES, OR FORCE MAJURE.

13. If any section of this agreement is deemed unenforceable by a court of competent jurisdiction, all other sections of this agreement remain in full force and effect.

PART 2.0

2. PAYMENT. Payment shall be made to Top Gear Auto Detail and the Client agrees to pay Top Gear Auto Detail as follows:

• 100% of service total after service work is completed unless otherwise specified.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at $25 every 7 days (starting on day of Service completion).

The Customer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Customer fails to pay for the Services when due, Top Gear Auto Detail has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.

PART 3.0

1. TERM. This agreement will terminate automatically 10 years after service completion by TOP GEAR AUTO DETAIL of the Services required by this Agreement.

PART 4.0

1. CONFIDENTIALITY. Top Gear Auto Detail, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Top Gear Auto Detail, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Customer. Top Gear Auto Detail and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by the Customer of these confidentiality obligations which allows Top Gear Auto Detail to disclose the customer’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

PART 5.0

1. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. 

PART 6.0

1. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

PART 7.0

1. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

2. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 

3. AMENDMENT. This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

4. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of NEW MEXICO.

5. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 

6. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

7. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any seperate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.

8. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.