BAYMASTERS

CUSTOMER AGREEMENT

Carefully read the following terms and conditions regarding your use of the services offered by BayMasters LLC (“BayMasters”). By clicking the I Accept button you acknowledge your acceptance of the terms and conditions of this Customer Agreement (“Agreement”), effective as of the date of your acceptance of these terms and conditions (the “Effective Date”). You hereby agree as follows:

1. Limited Use.  Under this Agreement, BayMasters will provide you with a limited, non-exclusive use of BayMaster’s garage (“Garage”) for your personal automobile repair use and for no other purpose. This Agreement is the commercial equivalent of a limited use license. You expressly acknowledge that this Agreement: (a) is not a lease or sublease; (b) is merely a revocable license to use the Garage; and (c) does not create any tenancy or grant you any real property interest in the Garage or the building in which the Garage is located and that the Garage remains in BayMasters’ exclusive possession and control.

2. Services. BayMasters will provide you with access to the Garage, use of a workspace (“Space”) use of tools, use of equipment, and use of automobile lifts (the “Resources”). BayMasters reserves the right to refuse service to any person for any reason.

3. Rates; Fees. In exchange for your use of the Resources and the rights granted under this Agreement you agree to pay the rates requested by BayMasters from time-to-time. You will pay a fee of $50 or the maximum amount permitted by law for any returned check or any other declined payment due to insufficient funds or charge backs.

4. Good Care. You agree to take good care of and not damage, waste or make any changes to the Resources. You agree not to alter, remove, or damage any furnishings, equipment, tools or other personal property located in, on or around the Garage. At the end of your use of the Garage each day, you must return the Resources in good condition. You shall be immediately responsible for all damage to property or persons caused by you or your invitees. If any damage to the Resources should occur while in your use, care, custody or control, you agree to pay all repair/replacement costs and to notify BayMasters immediately upon discovery of such damage occurring. You agree that you retain all risk of damage, loss, theft, or misappropriation with respect to your property and vehicle while at the Garage.

5. Term: Termination. The terms of this Agreement shall continue from this date forever and shall apply to each use of the Resources by you without the need for you to re-execute this Agreement. BayMasters may immediately terminate this Agreement if: (a) you are in breach of any of the terms hereunder which cannot be immediately cured, (b) your conduct, or one of your guests’ conduct, is incompatible with the Garage environment, in BayMasters’ sole discretion, or (c) as otherwise provided herein. Termination under this subsection does not relieve you of any outstanding obligations that you may have under this Agreement. In the event that BayMasters is no longer permitted or able to provide the Resources for any reason, then this Agreement will terminate, BayMasters’ obligations will cease, and you shall be responsible for paying fees due up to the date of termination.

6. Compliance. You agree that you will, at all times, comply with all verbal and written instructions given to you by BayMasters. You must comply with any “House Rules” which BayMasters may impose from time to time on use of the Resources, whether for reasons of health and safety, fire precautions, compliance with BayMasters’ lease with its landlord, or otherwise, in its reasonable discretion. You must comply with all relevant laws and regulations in your use of the Resources. You must do nothing illegal in connection with your use of the Resources. You must not do anything that may interfere with the use of the Resources by BayMasters or by other users, cause any nuisance or annoyance, increase the insurance premiums that BayMasters or its landlord has to pay, or cause loss or damage to the Resources (including damage to BayMasters’ reputation). Smoking is prohibited at all times within the Garage. Except for limited quantities of fluids directly related to the repairs you are making to your vehicle, you shall not bring any article deemed hazardous on account of fire or any explosives or any offensive gases, odors, or liquids into the Garage. You shall not bring, nor permit to be brought, any weapons, concealed or otherwise, into the Garage. You shall not bring any animals into the Garage unless the animal is a trained guide dog or a service animal, as defined under RCW 49.60.218(3)(a). You shall immediately report to BayMasters any and all damage to the Resources, any spills of any materials; and any injury to any person.

7. Clean-up. At the end of your use of the Resources, you shall perform all clean-up activities, including but not limited to the following: (i) Removal and proper disposal of all trash, debris and litter; and (ii) Removal of all Customer Agreement your own tools, belongings and vehicles, you may not store any property over-night or longer at the Garage, all of your property must be removed after each individual use.

8. Force Majeure. BayMasters shall have no liability to you under this Agreement if it is prevented from, or delayed in, performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) mechanical breakdown, strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, disease or quarantine restrictions, epidemic, pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors. BayMasters’ obligation to perform its obligations shall be suspended during the period required to remove such force majeure event.

9. Acknowledgement. You acknowledge that there are certain inherent risks and dangers associated with your use of the Resources, and that your use of the Resources may be hazardous to you and your property. You agree that BayMasters is not responsible for any loss or damage to your vehicle or articles left therein resulting from any cause whatsoever, or for any delays to repairs caused by third parties, and you agree to release, discharge and not sue BayMasters or BayMasters’ employees or owners from any and all liability for injury or damage claims arising out of or in any manner relating to your vehicle. The Garage is not intended to be used for vehicle storage and you acknowledge that BayMasters does not guarantee the security of your vehicle or its contents while it is left at the Garage. The lot outside the Garage is not locked, secured or guarded and therefore, you assume full responsibility and all risk of damage or loss while your vehicle is left on the lot.

10. Indemnification. You shall indemnify, defend and hold BayMasters (and all owners, officers, employees, independent contractors, agents and affiliates thereof) harmless from and against any and all claims, demands, actions, losses, damages, assessments, liabilities, costs and expenses, including without limitation, interest, penalties, attorneys’ fees and costs, which may at any time be incurred by, or be asserted against, any and all of them, directly or indirectly, arising out of your use of the Resources, including the failure of you to follow any applicable standard of care or the House Rules; your breach or default of any provision, warranty, or representation herein; or the negligent or willful acts or omissions or intentional misconduct of you or your invitees in the performance or failure to perform any obligation under this Agreement.

11. DISCLAIMER. BAYMASTERS IS PROVIDING THE RESOURCES TO YOU "AS IS," AND DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RESOURCES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BAYMASTERS CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO YOU ANY SPECIFIC RESULTS FROM USE OF THE RESOURCES. BAYMASTERS DOES NOT REPRESENT OR WARRANT THAT THE RESOURCES WILL MEET YOUR REQUIREMENTS; THAT THE RESOURCES MEET APPLICABLE LEGAL STANDARDS OR ARE SAFE AND SUITABLE FOR YOUR INTENDED USE.

12. RELEASE. DESPITE THE RISKS ASSOCIATED WITH YOUR USE OF THE RESOURCES, YOU, ON BEHALF OF YOURSELF, YOUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, INVITEES, CONTRACTORS, SUCCESSORS, HEIRS, FAMILY, AGENTS, AND ASSIGNS HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY, AND WILLINGLY ASSUME ALL OF THE RISKS, AGREE NOT TO SUE, AND TO COMPLETELY RELEASE, WAIVE, AND DISCHARGE FROM ALL LIABILITY BAYMASTERS, ITS AFFILIATES, OFFICERS, DIRECTORS, NOMINEES, EMPLOYEES, AND CONTRACTORS, THEIR SUCCESSORS, AGENTS, AND ASSIGNS FROM ANY AND ALL ACTUAL OR POTENTIAL LOSSES, INJURIES, DISABILITIES, DAMAGES, CLAIMS, RIGHTS, DEMANDS, ACTIONS OF ANY AND EVERY KIND, NATURE, AND CHARACTER WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHETHER BASED IN TORT, CONTRACT, STATUTE, OR ANY OTHER THEORY OF RECOVERY, AND WHETHER FOR COMPENSATORY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHICH YOU MAY NOW HAVE, HAVE HAD, OR MAY IN THE FUTURE HAVE, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, COSTS, MEDICAL BILLS, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY REMOTELY RELATED TO YOUR USE OF THE RESOURCES.

13. LIMITATION OF LIABILITY. IN NO EVENT WILL BAYMASTERS OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM THE YOUR USE OF THE RESOURCES, EVEN IF BAYMASTERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAYMASTERS ONLY POTENTIAL LIABILITY TO YOU OR ANY PARTY CLAIMING Customer Agreement THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID FOR THE RESOURCES, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

14. General Terms.

14.1. Dispute Resolution; Attorneys’ Fees. In the event that any dispute relating to or arising from this Agreement cannot be settled by the parties, they shall first seek to resolve their difference through negotiation. If negotiation is not successful they shall submit the dispute to arbitration with JAMS before one arbitrator in Washington. Any judgment upon an award shall be final and binding, and may be entered into in any court of competent jurisdiction. The prevailing party in any formal dispute resolution process shall be entitled to recover reasonable attorneys’ fees and costs in connection with the proceedings.

14.2. Governing Law and Venue.  This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in King County, Washington.

14.3. No Waiver.  Failure by BayMasters to enforce any term or condition of this Agreement shall not be deemed a waiver of any kind.

14.4. Interpretation. Headings to the sections are for ease of reference only and shall not affect the interpretation or construction of this Agreement. This Agreement shall be construed and interpreted as broadly as possible under the applicable laws of Washington, with the words, terms, provisions, covenants, and remedies contained in this Agreement to be enforceable to the fullest extent permitted by applicable law. If any provision of this Agreement is deemed invalid, void or unenforceable, such provision shall be enforced to the extent permitted by law and the remaining terms of this Agreement shall be read to preserve their full force and effect. In the event of any conflict between the terms of this Agreement and any exhibits, the terms of this Agreement shall govern unless otherwise specifically agreed to by the parties in the specific exhibit.

14.5. Assignment.  You may not assign this Agreement in whole or in part, without the prior written consent of BayMasters. BayMasters may transfer or assign the benefit of this Agreement and its obligations under the Agreement at any time.

14.6. Entire Agreement; Modifications. This Agreement and any exhibits, contain the entire agreement between BayMasters and You with regard to the subject matter herein. It shall not be modified except in writing by BayMasters.

14.7. Counterparts. This Agreement and any amendments may be signed in counterparts, using original copies, facsimile copies or duly authorized internet transmissions with electronic signature or acknowledgment.

YOU HAVE READ THIS DOCUMENT AND ACKNOWLEDGE THAT THIS AGREEMENT IS RELEASE OF LIABILITY AND A WAVIER OF CERTAIN LEGAL RIGHTS. YOU UNDERSTAND IT IS A PROMISE NOT TO SUE AND TO RELEASE BAYMASTERS, ITS OWNERS, EMPLOYEES AND AGENTS, FOR ANY AND ALL CLAIMS. YOU HAVE MADE A FREE AND DELIBERATE CHOICE TO SIGN THIS RELEASE AND WAIVER AS A CONDITION TO BAYMASTERS PROVIDING YOU WITH THE USE OF THE RESOURCES. YOU HAVE CONCLUDED THAT THE RISKS INVOLVED, AND THE RELEASE AND WAIVER OF LIABILITY IS WORTH THE RECEIPT OF POTENTIAL BENEFITS OF USE OF THE RESOURCES.