GARAGE PASS MEMBERSHIP

TERMS OF SERVICE

Danny’s Automotive Inc.Effective Date: December 3, 2025

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE ENROLLING.

THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14 THAT AFFECTS YOUR RIGHTS. BY ENROLLING IN GARAGE PASS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

THIS IS AN AUTOMATICALLY RENEWING SUBSCRIPTION. YOUR PAYMENT METHOD WILL BE CHARGED MONTHLY UNTIL YOU CANCEL.

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Member,” “you,” or “your”) and Danny’s Automotive Inc., a Texas corporation (“Danny’s Automotive,” “Company,” “we,” “us,” or “our”), governing your enrollment in and use of the Garage Pass membership program (“Garage Pass” or “Membership”).

By enrolling in Garage Pass, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not enroll in Garage Pass.

You must be at least eighteen (18) years of age to enroll in Garage Pass. By enrolling, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. Parents or legal guardians may include vehicles driven by minor children in their household on their membership, but minors cannot enroll on their own behalf.

2. DEFINITIONS

“Billing Cycle” means the monthly period during which your Membership is active and for which you are charged the applicable Membership Fee.

“Enhanced Warranty” means the extended warranty coverage applicable to Qualifying Repairs performed while your Membership is active, as specified for your Membership Tier.

“Household” means all individuals residing at the same physical address as the Member, as verified by vehicle registration.

“Included Services” means the maintenance services included with your Membership Tier at no additional charge, as described in Section 4.

“Manufacturer Recommended Interval” means the service interval specified in the vehicle manufacturer’s owner’s manual or maintenance schedule for the applicable service.

“Member Discount” means the percentage discount on repairs and tire purchases applicable to your Membership Tier.

“Membership Fee” means the monthly fee charged for your selected Membership Tier.

“Membership Tier” means the level of Garage Pass membership you have selected: Silver, Gold, or Platinum.

“Qualifying Repair” means a repair service performed by Danny’s Automotive that is eligible for Enhanced Warranty coverage, as determined by the specific warranty terms provided at the time of repair.

“Tier Lock Period” means the twelve (12) month period following your initial enrollment or most recent upgrade during which you may not downgrade to a lower Membership Tier.

“Vehicle” means a passenger car, SUV, crossover, or light truck with a gross vehicle weight rating (GVWR) of one (1) ton or less, registered to a member of your Household, and not excluded under Section 5.

3. MEMBERSHIP TIERS AND PRICING

3.1 Silver Membership – $29 per month

• Three (3) full-synthetic oil changes per year
• Unlimited tire rotations
• Cabin air filter replacements
• Wiper blade replacements
• 10% discount on all repairs
• 5% discount on tire purchases
• Enhanced Warranty: 2 years / 24,000 miles on Qualifying Repairs

3.2 Gold Membership – $49 per month

• Unlimited full-synthetic oil changes
• Unlimited tire rotations
• Cabin air filter replacements
• Wiper blade replacements
• Engine air filter replacements
• Priority scheduling
• 10% discount on all repairs
• 10% discount on tire purchases
• Enhanced Warranty: 3 years / 36,000 miles on Qualifying Repairs

3.3 Platinum Membership – $89 per month

• Unlimited full-synthetic oil changes
• Unlimited tire rotations
• Cabin air filter replacements
• Wiper blade replacements
• Engine air filter replacements
• Wheel alignments
• Tire balancing
• Towing service (within 25-mile radius of our location)
• Priority scheduling
• 15% discount on all repairs
• 15% discount on tire purchases
• Enhanced Warranty: 5 years / 50,000 miles on Qualifying Repairs

3.4 Household Coverage

Your Membership covers all eligible Vehicles registered to members of your Household. There is no limit on the number of Vehicles covered under a single Membership, provided all Vehicles meet the eligibility requirements in Section 5.

4. SERVICE TERMS

4.1 Service Intervals

Included Services are available in accordance with the vehicle manufacturer’s recommended maintenance intervals. Members may not claim services more frequently than manufacturer specifications without documented justification (such as severe duty cycle documentation from the manufacturer). Danny’s Automotive reserves the right to verify service eligibility based on manufacturer recommendations.

4.2 Scheduling

All services must be scheduled in advance. Gold and Platinum Members receive priority scheduling. Walk-in service availability is not guaranteed and is subject to shop capacity.

4.3 Towing Service (Platinum Only)

Platinum Members receive complimentary towing service for Vehicles requiring towing to Danny’s Automotive. Towing is included for pickups within a twenty-five (25) mile radius of our shop location at 1904 W Front St, Midland, TX 79701. Towing service beyond the 25-mile radius is available at the Member’s expense at our current sublet rate. Towing must be arranged through Danny’s Automotive.

4.4 Parts and Materials

Parts and materials required for Included Services (oil, filters, wiper blades, etc.) are provided at no additional charge. Danny’s Automotive reserves the right to use quality aftermarket or OEM-equivalent parts for Included Services.

5. ELIGIBILITY AND EXCLUSIONS

5.1 Eligible Vehicles

Membership benefits apply only to Vehicles that meet all of the following criteria:

• Passenger cars, SUVs, crossovers, or light trucks
• Gross Vehicle Weight Rating (GVWR) of one (1) ton or less
• Registered to the Member or a member of the Member’s Household
• Titled in an individual’s name, not a business entity

5.2 Excluded Vehicles

The following vehicles are NOT eligible for Membership benefits:

• Vehicles titled or registered to a business, corporation, LLC, or other non-individual entity
• Vehicles used for commercial purposes
• Vehicles with modifications that deviate substantially from manufacturer specifications
• Trucks exceeding one (1) ton GVWR (such as Ford F-350, Chevrolet 3500, Ram 3500, and similar)
• Recreational vehicles (RVs), motorhomes, or campers
• Trailers or non-motorized equipment

5.3 Commercial Use

Garage Pass is designed for personal and household vehicle maintenance. Danny’s Automotive reserves the right, in its sole discretion, to determine whether a Vehicle is being used primarily for commercial purposes and to deny or terminate Membership benefits for Vehicles used commercially. Personal use of a vehicle for commuting to and from work does not constitute commercial use.

5.4 Fleet Accounts

These Terms do not apply to fleet accounts. Businesses interested in fleet services should contact Danny’s Automotive directly for fleet pricing and terms.

6. ENROLLMENT AND ACCOUNT

6.1 Enrollment Process

All Garage Pass enrollments are processed through our designated payment portal (powered by Stripe). Enrollment is complete upon successful payment of your first Membership Fee and your agreement to these Terms.

6.2 Account Information

You are responsible for maintaining accurate and current account information, including your contact information, billing address, and payment method. You may update your account information through the customer portal or by contacting us directly.

6.3 Authorization for Recurring Charges

BY ENROLLING IN GARAGE PASS, YOU AUTHORIZE DANNY’S AUTOMOTIVE TO CHARGE YOUR SELECTED PAYMENT METHOD ON A RECURRING MONTHLY BASIS FOR THE APPLICABLE MEMBERSHIP FEE UNTIL YOU CANCEL YOUR MEMBERSHIP. You acknowledge that this authorization will remain in effect until you cancel your Membership or we terminate it in accordance with these Terms.

7. BILLING AND PAYMENT

7.1 Billing Cycle

Your Membership Fee will be charged to your payment method on the same date each month, beginning on the date of your initial enrollment. Your Billing Cycle begins on this date and continues for approximately thirty (30) days.

7.2 Failed Payments

If your payment method is declined or payment otherwise fails, we will attempt to process the charge up to four (4) additional times over the following ten (10) days. During this grace period, your Membership benefits will remain active. If we are unable to successfully process your payment after these attempts, your Membership benefits will be suspended until payment is received.

7.3 Price Changes

Danny’s Automotive reserves the right to change Membership Fees with thirty (30) days’ advance notice. Continued enrollment after a price change takes effect constitutes acceptance of the new pricing. You may cancel your Membership at any time if you do not wish to accept a price change.

8. TIER CHANGES

8.1 Upgrades

You may upgrade your Membership Tier at any time. Upgrades take effect immediately, and your new Membership Fee will be prorated for the remainder of your current Billing Cycle. An upgrade resets your Tier Lock Period to twelve (12) months from the date of the upgrade.

8.2 Tier Lock Period

IMPORTANT: You may not downgrade to a lower Membership Tier during the twelve (12) month Tier Lock Period following your initial enrollment or most recent upgrade. This restriction prevents abuse of higher-tier benefits. After your Tier Lock Period expires, you may downgrade to a lower tier effective at your next Billing Cycle by providing notice at least five (5) days before your next billing date.

8.3 Re-enrollment After Cancellation

If you cancel your Membership and wish to re-enroll within twelve (12) months of your original enrollment date or most recent upgrade, you must enroll at the same tier or a higher tier. If you re-enroll more than twelve (12) months after your original enrollment or most recent upgrade, you may enroll at any tier.

9. CANCELLATION

9.1 How to Cancel

You may cancel your Membership at any time by:

• Logging into the customer portal and selecting “Cancel Membership”
• Emailing us at [email protected]
• Calling us at (432) 684-8665 during business hours

9.2 Notice Period

Cancellation requests require thirty (30) days’ notice. If you provide notice less than thirty (30) days before your next billing date, your cancellation will be effective at the end of the following Billing Cycle.

9.3 Effect of Cancellation

Upon cancellation, you will continue to receive Membership benefits through the end of your current paid Billing Cycle. After your Membership terminates, you will no longer be eligible for Included Services, Member Discounts, or Enhanced Warranty on future repairs. 

9.4 No Prorated Refunds

Membership Fees are non-refundable. If you cancel mid-cycle, you will not receive a prorated refund for the unused portion of your Billing Cycle, but you will retain access to benefits through the end of that cycle.

9.5 Effect on Warranties

Enhanced Warranties on repairs completed while your Membership was active will continue to be honored according to their terms, even after your Membership ends. The specific warranty terms provided at the time of each repair govern the coverage for that repair.

10. WARRANTY COVERAGE

10.1 Enhanced Warranty

Qualifying Repairs performed while your Membership is active are covered by the Enhanced Warranty applicable to your Membership Tier. Danny’s Automotive’s standard warranty on repairs for non-members is 12 months / 12,000 miles. Members receive the following Enhanced Warranty coverage:

• Silver: 2 years / 24,000 miles
• Gold: 3 years / 36,000 miles
• Platinum: 5 years / 50,000 miles

10.2 Warranty Terms

The specific terms, conditions, and exclusions of each warranty are provided at the time of repair and are incorporated into the repair invoice or warranty document. The warranty terms provided at the time of repair govern the coverage for that specific repair. This Membership agreement does not itself constitute a warranty.

10.3 Limited Warranty

All warranties provided by Danny’s Automotive are LIMITED WARRANTIES. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

10.4 Warranty Exclusions

Warranty coverage may be voided or denied if:

• The Vehicle has been subjected to abuse, neglect, accident damage, or improper use
• The Vehicle has been modified in a manner that affects the warranted repair
• The Vehicle has been sold or transferred out of the Member’s Household
• The Member’s Membership has lapsed at the time of the warranty claim
• Related work or repairs were performed by a third party after the original repair
• The failure was caused by a pre-existing condition not related to the repair performed

10.5 Tires

Tires are excluded from Enhanced Warranty coverage. Tires are covered by the tire manufacturer’s warranty. Danny’s Automotive will assist Members in processing tire warranty claims with the manufacturer.

11. TERMINATION BY DANNY’S AUTOMOTIVE

Danny’s Automotive reserves the right to terminate or suspend your Membership at any time, with or without notice, for any of the following reasons:

• Failure to pay Membership Fees after exhaustion of the grace period
• Misrepresentation of Vehicle eligibility or Household status
• Use of Membership benefits for ineligible Vehicles
• Abuse of Membership benefits, including excessive service claims or fraudulent warranty claims
• Conduct that is abusive, threatening, or disruptive to our staff or business operations
• Any other violation of these Terms

If we terminate your Membership for cause, you will not receive a refund of any Membership Fees paid.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANNY’S AUTOMOTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES, RENTAL CAR COSTS, TOWING EXPENSES (EXCEPT AS INCLUDED IN PLATINUM MEMBERSHIP), OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER DANNY’S AUTOMOTIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANNY’S AUTOMOTIVE’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL MEMBERSHIP FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) THE COST OF THE SPECIFIC SERVICE AT ISSUE.

12.3 Exceptions

The limitations in this Section 12 do not apply to: (a) liability that cannot be excluded or limited under applicable law; (b) claims arising from Danny’s Automotive’s gross negligence or willful misconduct; or (c) Danny’s Automotive’s obligations under any warranty provided at the time of repair.

12.4 Basis of the Bargain

You acknowledge that Danny’s Automotive has set its prices and entered into this Agreement in reliance on the limitations of liability set forth herein, and that these limitations form an essential basis of the bargain between the parties.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Danny’s Automotive Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your misrepresentation of Vehicle eligibility or Household status; (c) your use of Membership benefits for ineligible Vehicles; (d) any dispute between you and a third party related to your Membership; or (e) your violation of any applicable law or regulation.

14. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Danny’s Automotive at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If we cannot resolve the dispute informally, either party may proceed to binding arbitration as described below.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator in Midland, Texas. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or, if JAMS is unavailable, the American Arbitration Association pursuant to its Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

14.3 Class Action Waiver

YOU AND DANNY’S AUTOMOTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Danny’s Automotive agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Midland County, Texas, if the claim qualifies for small claims court jurisdiction.

14.5 Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

14.6 Survival

This dispute resolution and arbitration provision shall survive the termination or cancellation of your Membership.

15. COMMUNICATIONS

15.1 Consent to Electronic Communications

By enrolling in Garage Pass, you consent to receive electronic communications from Danny’s Automotive, including email and text messages, regarding your Membership, billing, service reminders, and promotional offers.

15.2 Text Message Consent

By providing your mobile phone number, you expressly consent to receive text messages from Danny’s Automotive regarding your Membership and services. Message and data rates may apply. Message frequency varies. You may opt out of text messages at any time by replying STOP to any message. Your consent to receive text messages is not a condition of enrollment or purchase.

15.3 Marketing Communications

You may receive promotional emails and newsletters from Danny’s Automotive. You may opt out of marketing communications at any time by clicking the “unsubscribe” link in any marketing email or by contacting us. Opting out of marketing communications will not affect transactional communications related to your Membership.

16. MODIFICATIONS TO TERMS

Danny’s Automotive reserves the right to modify these Terms at any time. We will provide you with at least thirty (30) days’ notice of any material changes by email or through the customer portal. Your continued enrollment after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may cancel your Membership in accordance with Section 9.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any warranty terms provided at the time of repair, constitute the entire agreement between you and Danny’s Automotive regarding Garage Pass and supersede all prior or contemporaneous communications and proposals, whether oral or written.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ original intent.

17.3 No Waiver

Danny’s Automotive’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Danny’s Automotive.

17.4 Assignment

You may not assign or transfer your Membership or any rights under these Terms without the prior written consent of Danny’s Automotive. Danny’s Automotive may assign its rights and obligations under these Terms without restriction.

17.5 Force Majeure

Danny’s Automotive shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, or pandemics.

17.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18. CONTACT INFORMATION

If you have any questions about these Terms or your Membership, please contact us:

Danny’s Automotive Inc.

1904 W Front St

Midland, TX 79701

Phone: (432) 684-8665

Email: [email protected]

ACKNOWLEDGMENT

BY ENROLLING IN GARAGE PASS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE AUTOMATIC RENEWAL PROVISIONS, CANCELLATION REQUIREMENTS, TIER LOCK RESTRICTIONS, LIMITATION OF LIABILITY, AND BINDING ARBITRATION CLAUSE WITH CLASS ACTION WAIVER.