CASA RIVERA PARKING LLC

An Ohio Limited Liability Company

TERMS OF SERVICE

Valet Parking Services

Applicable at every location served by Casa Rivera Parking LLC

Effective Date: August, 2026

Casa Rivera Parking LLC

130 W 2nd St, Suite 1700, Unit 121

Dayton, Ohio 45402


PLEASE READ THESE TERMS CAREFULLY. THEY LIMIT OUR LIABILITY FOR DAMAGE TO YOUR VEHICLE CAUSED BY OUR NEGLIGENCE (ARTICLE 19). THEY STATE THAT WE DO NOT ACCEPT CUSTODY OF AND ARE NOT RESPONSIBLE FOR PERSONAL PROPERTY LEFT IN YOUR VEHICLE (ARTICLE 8). THEY REQUIRE MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION (ARTICLE 20). YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS.

INTRODUCTION AND ACCEPTANCE

These Terms of Service (as amended from time to time, these “Terms”) form a binding agreement between Casa Rivera Parking LLC, an Ohio limited liability company (“Casa Rivera Parking,” “we,” “us,” or “our”), and you, the person who delivers a motor vehicle to us for valet parking at any location we serve.

These Terms apply at every location where we provide valet service, whether that location is a parking garage, a surface lot, a private drive, a club, a hotel, a restaurant, an office building, or an event site, and whether the service is an ongoing daily program or a single evening. They apply to daily and recurring parkers, to members and employees of the businesses we serve, to restaurant and hotel guests, and to attendees of weddings, galas, and private events.

We provide valet service at each location under a written agreement with the owner, operator, tenant, employer, host, or manager of that location. That agreement governs the relationship between us and that party. These Terms govern the relationship between us and you, as the person entrusting a vehicle to us.

Details that differ from one location to another — the hours, the services offered there, whether a charge applies, and whether self-parking is available — are stated in the notice posted at the valet stand for that location. That notice is part of these Terms for that location. Everything else in this document applies everywhere we operate, without change.

How you accept these Terms depends on how you use the service. If you park with us regularly under an ongoing program, we ask you to sign the enrollment acknowledgment attached as Exhibit A before your first use, and your signature is your acceptance. Otherwise, these Terms are posted conspicuously at the valet stand and identified on the claim check we issue, and you accept them by delivering your vehicle to an attendant and taking that claim check. Article 1 describes both paths in full. If you do not agree to these Terms, do not deliver a vehicle to us.

ARTICLE 1 — ACCEPTANCE, SCOPE, AND MODIFICATION

1.1  Agreement to Terms.  These Terms, together with the Location Notice for the Service Location where your Vehicle is received, the Enrollment Acknowledgment attached as Exhibit A where you have signed one, the language printed on your Claim Check, and our Privacy Policy where one is in effect, constitute the entire agreement between you and us with respect to the valet service, and supersede all prior or contemporaneous oral or written communications between you and us regarding it.

1.2  Scope.  These Terms apply at every Service Location we serve, now or in the future. No amendment to these Terms is required when we begin serving a new Service Location. A new Service Location becomes subject to these Terms when we post a Location Notice for it and begin providing service there.

1.3  Persons Bound.  These Terms bind you and every person who delivers your Vehicle to us, retrieves your Vehicle from us, or otherwise uses our valet service on your behalf or with your permission, including your employees, family members, and guests. You represent that you have authority to bind each such person, and you agree to be responsible for their compliance with these Terms.

1.4  How These Terms Are Made Available to You.  We make these Terms available to you in each of the following ways, at all times during which the valet service is offered:

(a) the complete text is posted at casariveraparking.com/terms;

(b) a Location Notice in the form attached as Exhibit B, summarizing the provisions of Articles 8, 19, and 20 and identifying where the complete Terms may be read, is posted conspicuously at each valet stand, positioned and sized so that it is legible to a driver before that driver surrenders a Vehicle;

(c) the same notice, in abbreviated form, appears on the Claim Check we issue for every Vehicle;

(d) a complete printed copy is kept at each valet stand and will be furnished to you on request, free of charge, before you surrender your Vehicle; and

(e) a complete printed copy will be mailed to you at no charge on written request to the address in Article 24.

1.5  How You Accept These Terms.

(a) Recurring Valet Programs — signed enrollment. If you park with us under a Recurring Valet Program, we ask you to sign the Enrollment Acknowledgment attached as Exhibit A before your first use of the service. Your signature on that acknowledgment is your acceptance of these Terms, and it remains effective for each subsequent use of the valet service, at that Service Location and at any other Service Location we serve, until you withdraw it in writing or until these Terms are amended in a manner requiring renewed acceptance under Section 1.9.

(b) All other use. If you have not signed an Enrollment Acknowledgment, you accept these Terms by delivering your Vehicle to an Attendant and accepting the Claim Check we issue, after the notice described in Sections 1.4(b) and 1.4(c) has been made available to you. We do not accept a Vehicle without issuing a Claim Check, and the Location Notice is posted where it can be read before keys change hands.

(c) Opportunity to read and to ask questions. You are entitled to read the complete Terms before surrendering your Vehicle. An Attendant will provide a printed copy and a reasonable opportunity to read it on request, and will answer questions about it or refer your question to a manager. No Attendant is authorized to tell you that reading the Terms is unnecessary, to refuse a request for a copy, or to discourage you from asking about them.

1.6  If You Do Not Accept.  You are not required to use our valet service. If you do not agree to these Terms, do not deliver a Vehicle to us. Nothing in these Terms conditions your tenancy, employment, membership, occupancy, event attendance, or access to any property on your use of the valet service or on your acceptance of these Terms, and we have no authority to condition any of those things. Any question about whether use of a particular parking facility is required under your lease, membership, or occupancy arrangement is a matter between you and the Venue Client.

1.7  Records.  We maintain each signed Enrollment Acknowledgment, and we retain each superseded version of these Terms together with the dates during which it was in effect. We will provide you a copy of your own Enrollment Acknowledgment on written request. We also maintain, for each Service Location, a dated photographic record of the Location Notice as posted and a record of the dates during which each version of that notice was in effect.

1.8  Venue Client Rules Control.  Each Service Location is private property controlled by the Venue Client or by the owner of that property. Any rule, hour of operation, access requirement, or restriction imposed by that party applies to you in addition to these Terms and controls over any inconsistent provision here. We have no authority to waive such a rule.

1.9  Modification.  We may modify these Terms at any time. The version posted at casariveraparking.com/terms will show the date of last revision, and the Location Notice at each valet stand will identify the version then in effect. Except for changes made to correct errors or to comply with applicable law, which take effect immediately, a change takes effect no earlier than fourteen (14) days after the revised version is posted both at the affected valet stands and on our website. Where you have signed an Enrollment Acknowledgment, we will also give notice of a material change by the contact method you provided on that form. Your use of the valet service after the effective date of a change constitutes acceptance of it. We retain each superseded version under Section 1.7, and the version in effect at the time of the events giving rise to a claim governs that claim. Changes to Article 20 are governed by Section 20.13.

1.10  Electronic Records and Signatures.  Where you provide an electronic signature or electronic acknowledgment — including by signing an Enrollment Acknowledgment on an electronic device or by confirming your agreement through our website — that signature or acknowledgment has the same force and effect as a handwritten signature, consistent with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Ohio Uniform Electronic Transactions Act (R.C. Chapter 1306). You may request and receive a paper copy of anything you signed electronically at any time, at no charge.

1.11  No Reliance on Systems Not in Use.  Acceptance of these Terms is not conditioned on any text message reply, mobile application, electronic portal, or other system other than those described in Sections 1.4 and 1.5. No such system is required for these Terms to be effective, and the absence or non-operation of any such system does not affect your acceptance or ours.

ARTICLE 2 — DEFINITIONS

(a) “Attendant” means an employee of Casa Rivera Parking assigned to receive, operate, park, retrieve, or return a Vehicle at a Service Location, or to staff a valet stand.

(b) “Claim Check” means the ticket, tag, or receipt we issue when we receive a Vehicle, which evidences our custody and is required for the Vehicle's return.

(c) “Custody Period” has the meaning given in Section 6.2.

(d) “Enrolled Parker” means a person who has signed an Enrollment Acknowledgment and parks with us under a Recurring Valet Program.

(e) “Enrollment Acknowledgment” means the acknowledgment attached as Exhibit A.

(f) “Location Notice” means the notice posted at the valet stand for a Service Location, in the form attached as Exhibit B, which states the name of that Service Location, the services offered there, the hours of service, any charge that applies, whether self-parking is available, and the version of these Terms then in effect.

(g) “Patron” means any person who delivers a Vehicle to us who is not an Enrolled Parker, including a restaurant or hotel guest, a club member or guest, an event attendee, and a member of the general public.

(h) “Personal Property” means any item in, on, or attached to a Vehicle other than the Vehicle's factory or dealer-installed permanent components, including cash, jewelry, watches, firearms, ammunition, electronics, computers, mobile devices, cameras, tools, luggage, garments, handbags, prescription medication, documents, keys, access credentials, building badges, data, media, sports equipment, commercial inventory or samples, artwork, child safety seats, aftermarket wheels or accessories not permanently affixed, and detachable audio, video, navigation, or radar-detection equipment.

(i) “Recurring Valet Program” means an ongoing valet program we provide at a Service Location for a defined group of regular parkers, such as building tenants and their employees, club members, or a Venue Client's staff.

(j) “Service Location” means any property at which we provide valet service under an agreement with a Venue Client, including all drive aisles, ramps, lots, staging areas, and approaches used by us in performing that service, and including any parking facility to which we move Vehicles in connection with that service.

(k) “Vehicle” means the motor vehicle you deliver or cause to be delivered to us, together with its keys, key fobs, access credentials, and permanently affixed equipment.

(l) “Venue Client” means the owner, operator, tenant, employer, host, event organizer, or manager of a Service Location who has engaged us to provide valet service at that location.

ARTICLE 3 — THE VALET SERVICE

3.1  What We Do.  We receive your Vehicle from you at the designated valet point at a Service Location, operate it the distance necessary to park or stage it, hold it during the Custody Period, and return it to you at the designated point on presentation of a valid Claim Check. Our operation of your Vehicle is limited to what is reasonably necessary to perform this function.

3.2  What We Do Not Do.  Except for vehicle washing where offered under Section 3.5, the valet service does not include fueling, charging, detailing, interior cleaning, mechanical service, fluid service, tire service, jump-starting, vehicle inspection, or the movement of any Vehicle away from the Service Location except as permitted under Article 12 or as necessary to reach a parking facility identified in the Location Notice. We do not offer vehicle pickup or delivery away from a Service Location, and we do not offer any mobile-application-based or remote vehicle service. Nothing in these Terms should be read as an offer of any service not described in Section 3.1.

3.3  Recurring Valet Programs.  Where we operate a Recurring Valet Program at a Service Location, the days and hours of that program, the group eligible to use it, and any charge that applies are stated in the Location Notice for that location. Eligibility is determined by the Venue Client.

3.4  Public and Event Valet.  Where we offer valet service to guests, patrons, or event attendees, the days, hours, and any per-vehicle fee are stated in the Location Notice for that location. All provisions of these Terms apply to a Patron and to a Vehicle received through public or event valet in the same manner as they apply to an Enrolled Parker, except where a provision by its terms applies only to a Recurring Valet Program. Public and event valet is offered at our and the Venue Client's discretion and may be suspended, rescheduled, or discontinued at any time.

3.5  Vehicle Washing.  Where the Location Notice states that vehicle washing is offered, washing is available on request for the posted fee, subject to weather, water availability, staffing, and capacity. Washing is performed only when you specifically request it, is limited to exterior washing unless we agree otherwise in writing, and is not included in the valet service. We do not guarantee any particular result, do not warrant the washing service, and are not responsible for damage to paint, wraps, decals, trim, sensors, cameras, antennas, aftermarket components, or pre-existing defects that washing reveals, worsens, or fails to remove, except to the extent the damage results from our failure to exercise ordinary care. You must disclose any wrap, custom or delicate finish, recent paintwork, or component that should not be exposed to water or pressure before requesting the service. Washing is performed during the Custody Period and does not extend it.

3.6  Hours.  Valet service is available at each Service Location only on the days and during the hours stated in the Location Notice for that location. Outside those hours, no Attendant is on duty and no Vehicle will be received except as provided in Section 7.7. We do not guarantee continuous or uninterrupted availability and may suspend the service at any time because of weather, capacity, staffing, security concerns, site conditions, Venue Client direction, or any other operational reason.

3.7  Capacity.  Every Service Location has finite capacity. We do not guarantee that a space will be available to you on any particular day or at any particular time, and we may decline to accept a Vehicle when a Service Location is at capacity or when accepting it would obstruct access, egress, or a fire lane.

3.8  Where Self-Parking Is Not Available.  At some Service Locations, self-parking is not available to any person, because the dimensions, ramp configuration, aisle widths, stacked layout, or access controls of the facility require that every vehicle be positioned by a trained Attendant. The Location Notice states whether self-parking is available at that location. Where the Location Notice states that self-parking is not available, no person other than an Attendant may operate a Vehicle beyond the designated valet point, and no person may park, stage, reposition, or retrieve a Vehicle themselves. That requirement is imposed for the safety of persons and property and is not waivable by any Attendant, by us, or by any employee of the Venue Client. You are not required to use our service at any location; as stated in Section 1.6, you remain free to park elsewhere.

3.9  No Assigned Space.  The valet service is not a lease, license, or rental of any parking space and confers no right to any particular space, level, or area. We may park, move, or reposition your Vehicle anywhere within the Service Location at our discretion.

3.10  Guests and Visitors.  Where a guest or visitor of an Enrolled Parker or of a Venue Client is permitted to use the valet service, these Terms apply to that guest or visitor in full, and the person inviting them is responsible for making them aware of these Terms.

3.11  Modification or Discontinuation.  We may modify, suspend, or discontinue the valet service at any Service Location, or any feature of it, temporarily or permanently, with or without notice. We will not be liable for any such modification, suspension, or discontinuation, except that we remain obligated to return any Vehicle then in our custody in accordance with these Terms.

ARTICLE 4 — ELIGIBILITY, AUTHORITY, AND LIMITED AGENCY

4.1  Eligibility.  Eligibility to use a Recurring Valet Program is determined by the Venue Client. Public and event valet, where offered, is open to the persons the Venue Client admits. You represent that you are at least eighteen (18) years of age and legally competent to enter into a binding contract.

4.2  Enrollment.  Before your first use of a Recurring Valet Program, we ask you to complete and sign the Enrollment Acknowledgment attached as Exhibit A, and to keep the contact and vehicle information on it current. The Enrollment Acknowledgment identifies you and your Vehicle, records your acceptance of these Terms under Section 1.5(a), and provides the contact information we use to reach you about your Vehicle. Enrollment does not create any right to the service beyond what these Terms provide.

4.3  Authority Over the Vehicle.  You represent that you are the Vehicle's registered owner, its lessee, an authorized driver under the applicable lease or rental agreement, or a person otherwise lawfully entitled to possess the Vehicle and to authorize its operation by another. If you are not the registered owner, you represent that you hold the owner's authority to accept these Terms on the owner's behalf, and both you and the registered owner are bound by them.

4.4  Limited Agency.  You appoint us and our Attendants as your limited agent for the sole purpose of operating, parking, securing, and returning the Vehicle at the Service Location, and you delegate the actual authority necessary to do so. This limited agency does not authorize us to operate the Vehicle for any other purpose, to permit any third party to operate it, to remove it from the Service Location except as provided in Article 12, or to bind you to any obligation to any third party.

4.5  Right to Refuse.  We may refuse to accept any Vehicle, and may discontinue service to any person, at any time in our discretion, including where we reasonably believe that: the Vehicle is unsafe, inoperable, or presents unusual risk; the Vehicle exceeds the dimensional, weight, or clearance limits of the Service Location; the person delivering it lacks authority or capacity; a person, child, or animal remains in it; it contains a prohibited item under Section 8.2; the Service Location is at capacity; or acceptance would violate applicable law, a Venue Client rule, or these Terms. If we decline a Vehicle and you are present and the Vehicle is operable, you may drive it away yourself. If you are not present, or the Vehicle cannot be driven away, you must arrange its removal or authorize us to arrange removal under Article 12, in either case at your expense. We will inform you of the reason for refusal and, where the reason is one you can cure, will accept the Vehicle once it is cured. Refusal under this Section creates no liability.

ARTICLE 5 — YOUR REPRESENTATIONS AND WARRANTIES

Each time you deliver a Vehicle to us, and throughout the Custody Period, you represent and warrant that:

(a) you meet the eligibility and authority requirements of Article 4;

(b) the Vehicle is properly titled, currently registered, and lawfully permitted to be operated on public roads;

(c) the Vehicle is in safe operating condition, meets applicable Ohio equipment and safety requirements for a vehicle of its type, and has no known defect that would make its operation by an Attendant unsafe;

(d) you maintain motor vehicle liability insurance covering the Vehicle in at least the minimum amounts required by Ohio law, affording coverage for its operation by a person operating it with your permission;

(e) you have disclosed to the Attendant every non-standard, modified, disabled, or unusual operating characteristic of the Vehicle known to you, as required by Article 9;

(f) no person, child, or animal remains in the Vehicle;

(g) the Vehicle contains no item prohibited under Section 8.2;

(h) you have removed all Personal Property you are unwilling to leave entirely at your own risk, and you accept that we do not assume custody of or responsibility for Personal Property;

(i) you are not impaired by alcohol or any other substance to a degree affecting your capacity to consent to these Terms;

(j) you understand that your Vehicle will be operated and parked by an Attendant; and

(k) you will comply with all applicable law and with all posted rules of the Service Location.

We rely on each of these representations in accepting your Vehicle. A material breach of any of them permits us, at our election, to end the Custody Period and return or immobilize the Vehicle, subject to applicable law.

ARTICLE 6 — BAILMENT, CUSTODY, AND STANDARD OF CARE

6.1  Nature of the Relationship.  When we accept physical custody of your Vehicle, the resulting relationship is a bailment for the mutual benefit of the parties under Ohio law. No lease, license of real property, employment relationship, joint venture, partnership, or fiduciary relationship is created by these Terms, and no agency is created other than the limited agency described in Section 4.4.

6.2  When Custody Begins and Ends.  The Custody Period begins when an Attendant takes physical possession of your Vehicle together with its key, key fob, or access credential at the designated valet point, and issues a Claim Check. It ends at the earliest of: (a) the return of the Vehicle and its key to you or to a person presenting a valid Claim Check; (b) the moment you or your representative takes physical control of the Vehicle for any purpose; (c) the lawful release of the Vehicle to a towing operator, law enforcement officer, lienholder, or other party under Article 12 or applicable law; or (d) the expiration of the period described in Section 12.1. Your acceptance of these Terms occurs as described in Section 1.5, but the Custody Period and our duties as bailee begin only when an Attendant takes possession as described above. We assume no responsibility of any kind for a Vehicle before the Custody Period begins or after it ends, including while you are driving the Vehicle to or from the designated valet point, while the Vehicle is queued or waiting to be received, or while the Vehicle is left anywhere at the Service Location without an Attendant taking custody.

6.3  Standard of Care.  During the Custody Period we will exercise ordinary care with respect to your Vehicle — the degree of care a reasonably prudent professional parking operator would exercise under the same or similar circumstances. We are not an insurer of your Vehicle and do not guarantee it against loss, theft, vandalism, or damage. We are not liable for loss or damage occurring without our fault, including loss or damage caused by criminal acts of third parties, by other patrons or their vehicles, by weather or other natural events, by conditions of the Service Location not under our control, or by defects in or mechanical failure of the Vehicle itself.

6.4  How We Operate Your Vehicle.  Attendants operate Vehicles only as necessary to park, stage, reposition, or return them, and only over the shortest practicable distance. Attendants are instructed to operate Vehicles at low speed, without use of the Vehicle's audio system, and without use of a mobile device. We do not authorize any personal use of a Vehicle by any Attendant; any such use is outside the scope of that Attendant's employment and outside the limited agency granted in Section 4.4.

6.5  Condition Records.  We may, but are not obligated to, record the apparent exterior condition of your Vehicle at the time of receipt by written notation, photograph, or video, and we ordinarily do so where damage is noted at drop-off. Any such record is made for the parties' mutual convenience. It is not a representation that we inspected the Vehicle, that a condition not recorded did not exist, or that a condition recorded is complete. The absence of a condition record creates no presumption for or against either party.

6.6  Securing the Vehicle.  We may lock the Vehicle, engage its parking brake or immobilization system, close its windows and roof, and take other reasonable steps to secure it. Where the Vehicle's design, condition, or modification prevents us from securing it in the ordinary manner, we may accept or continue to hold it in an unsecured state without liability, provided we have advised you of that limitation or the limitation results from a characteristic you failed to disclose under Article 9.

ARTICLE 7 — DELIVERY, CLAIM CHECK, AND RETRIEVAL

7.1  Claim Check Required.  We issue a Claim Check for every Vehicle we receive. The Claim Check is our sole means of identifying the person entitled to receive the Vehicle. We will release a Vehicle to the bearer of a valid Claim Check and are not obligated to confirm that the bearer is the Vehicle's owner. You are responsible for safeguarding your Claim Check and for any consequence of its loss, theft, or transfer.

7.2  Lost or Unavailable Claim Check.  If you cannot present a valid Claim Check, we will not release the Vehicle until you provide, to our reasonable satisfaction, government-issued photographic identification together with documentation establishing your right to possess the Vehicle, such as the certificate of title, current registration, insurance identification card, or lease agreement. We may also verify your eligibility with the Venue Client, require you to sign a written release and indemnity in a form we provide, and charge a reasonable posted administrative fee. We may decline to release a Vehicle where identity or entitlement cannot reasonably be established, and may involve law enforcement in any case of apparent fraud.

7.3  Retrieval Time.  We do not guarantee any specific retrieval interval. Retrieval times vary with site layout, traffic, weather, volume, staffing, and where your Vehicle is parked. We will use commercially reasonable efforts to retrieve Vehicles promptly and in the order requested, subject to accessibility and safety. Delay in retrieval is not a breach of these Terms and does not give rise to any claim for damages, including any claim for a missed appointment, flight, or engagement.

7.4  Keys and Access Credentials.  You must surrender every key, key fob, card, or credential necessary to operate, secure, and re-enter the Vehicle. Where a Vehicle uses a digital or phone-based key, you must provide a physical backup credential or remain available on site with the paired device throughout the Custody Period; we may refuse the Vehicle if neither is provided. We store keys in a secured location during the Custody Period, but do not guarantee against their loss and are not responsible for the cost of programming, coding, or replacing a key or credential except to the extent the loss results from our failure to exercise ordinary care. Do not leave a building access badge, keycard, residence key, or office key attached to a key you surrender to us.

7.5  Release to Third Parties.  We may release a Vehicle without a Claim Check to a law enforcement officer, a court officer, a lawful lienholder or repossession agent, a licensed towing operator acting under Article 12, or any other party where release is required or permitted by law or lawful order. We will make reasonable efforts to notify you of any such release at the contact information you provided, but our failure to do so creates no liability.

7.6  No Self-Retrieval Where Self-Parking Is Not Available.  At any Service Location where the Location Notice states that self-parking is not available, you may not enter the parking area to retrieve your own Vehicle, and we will not release a Vehicle by allowing you to walk to it. All retrievals at such locations are performed by an Attendant and delivered to the designated valet point, regardless of where your Vehicle is parked and regardless of how long a retrieval is taking. At other Service Locations, we may still require that retrieval be performed by an Attendant for safety or traffic reasons.

7.7  Vehicles Not Retrieved by the End of Posted Hours.  Where a Vehicle remains in our custody at the end of posted hours, an Attendant will ordinarily remain on site until that Vehicle has been returned, so that a Vehicle left past posted hours can still be returned to you the same day. This is a service accommodation offered in good faith. It does not extend the posted hours, does not obligate us to receive a Vehicle after posted hours, and does not entitle you to service on any later day outside posted hours. If you cannot return the same day, contact us at the number in Article 24 as early as possible; we will secure the Vehicle in place where we are permitted to do so and retain your key, and the Custody Period continues, subject to Section 12.1. Section 13.2 applies to any damage you discover when the Vehicle is returned to you.

ARTICLE 8 — PERSONAL PROPERTY AND PROHIBITED ITEMS

8.1  We Do Not Accept Custody of Personal Property.  We do not accept, and expressly decline, custody of and responsibility for all Personal Property. You are solely responsible for removing all Personal Property from your Vehicle before delivering it to us. Any Personal Property left in, on, or attached to the Vehicle remains in your exclusive care, custody, and control at all times and at your sole risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR THE LOSS OF, THEFT OF, OR DAMAGE TO ANY PERSONAL PROPERTY LEFT IN, ON, OR ATTACHED TO A VEHICLE, AND WE CARRY NO INSURANCE COVERING PERSONAL PROPERTY. THIS APPLIES WHETHER OR NOT THE PROPERTY WAS VISIBLE, DISCLOSED, OR STORED IN A LOCKED COMPARTMENT, AND WHETHER OR NOT THE VEHICLE ITSELF WAS DAMAGED.

8.2  Prohibited Items.  You may not leave in a Vehicle delivered to us: (a) a firearm, ammunition, or other weapon, unless secured, unloaded, stored in compliance with all applicable law, and disclosed to the Attendant; (b) a controlled substance possessed unlawfully; (c) an explosive, flammable, corrosive, radioactive, biological, or otherwise hazardous material other than the Vehicle's own fuel in its factory tank; (d) currency, negotiable instruments, precious metals, jewelry, or other items of extraordinary value; (e) any live animal; (f) any person, including any child; or (g) any item the possession of which is unlawful. We may refuse or terminate custody of any Vehicle we reasonably believe contains a prohibited item, and may report the matter to the Venue Client and to law enforcement.

8.3  Persons, Children, and Animals.  You must never leave a person, child, or animal in a Vehicle delivered to us. Attendants are instructed to refuse any such Vehicle and, where circumstances reasonably indicate a risk to health or safety, to contact emergency services immediately. You are solely responsible for any harm arising from a violation of this Section and will indemnify us under Article 17.

8.4  Found Property.  If Personal Property is found in a Vehicle or at a Service Location, we will make reasonable efforts to hold it for thirty (30) days and to return it to its apparent owner upon satisfactory proof of ownership. After thirty (30) days we may deliver it to the Venue Client, dispose of it, or discard it in accordance with applicable law. We do not warrant the security of held property and assume no bailment obligation with respect to it.

8.5  Interior Condition.  We are not responsible for ordinary wear and tear, pre-existing soiling or odor, or debris, trash, spills, or biological matter left in the Vehicle by you or your passengers. Where a Vehicle is delivered in a condition preventing an Attendant from safely operating it, we may refuse it.

ARTICLE 9 — REQUIRED VEHICLE DISCLOSURES

9.1  What You Must Disclose.  Before delivering your Vehicle, you must tell the Attendant about every operating characteristic, modification, defect, or condition known to you that a reasonably prudent operator would need to know to operate the Vehicle safely, including: a non-functioning or intermittent brake, steering, transmission, or electrical system; a manual transmission; an aftermarket or non-standard transmission, clutch, suspension, exhaust, or drivetrain; modified ride height, wide bodywork, or reduced ground clearance; a disabled or modified immobilizer or alarm; a non-standard starting, shifting, or shutdown procedure; a hand control or other adaptive equipment; or any condition limiting how the Vehicle may be turned, reversed, braked, or parked.

9.2  Electric, Hybrid, and Software-Defined Vehicles.  You must also tell the Attendant if your Vehicle uses one-pedal or regenerative-braking-dominant operation, an automatic parking or summon feature, a non-standard shift interface, a digital or phone-based key, a driver-monitoring or immobilization mode, or a sentry, guard, or event-recording mode. We do not provide charging, do not guarantee access to charging equipment at any Service Location, do not guarantee that your Vehicle will retain any particular state of charge or range, and are not responsible for the consequences of a Vehicle's battery reaching a low state of charge, entering a reduced-power or protective mode, or becoming inoperable during the Custody Period.

9.3  Effect of Non-Disclosure.  You assume all risk of loss or damage arising from or contributed to by any characteristic, modification, defect, or condition you failed to disclose, and you release us from any claim to that extent. This Section does not relieve us of responsibility for damage caused by our own failure to exercise ordinary care with respect to characteristics that were disclosed or reasonably apparent.

9.4  High-Value and Unusual Vehicles.  We may decline to accept a Vehicle whose replacement value, rarity, dimensions, weight, or operating characteristics present risk we determine to be disproportionate to the service provided. If we accept such a Vehicle, we do so on the same terms as any other Vehicle unless you and we have signed a separate written agreement addressing that Vehicle. Our liability limits and insurance are not adjusted by reason of a Vehicle's value, and you are responsible for maintaining insurance adequate to your Vehicle's value.

9.5  Inoperable Vehicles.  If a Vehicle becomes inoperable during the Custody Period for any reason not caused by our failure to exercise ordinary care, you are responsible for all resulting costs, including roadside assistance, towing, storage, alternative transportation, and repair. We may, at your request and as your agent, arrange such services at your expense.

ARTICLE 10 — SURVEILLANCE AND RECORDING

10.1  Site Surveillance.  A Service Location is private property and may be monitored by video surveillance equipment and access-control systems. Those systems are ordinarily owned and operated by the Venue Client or the property owner, not by us. By entering a Service Location or delivering a Vehicle, you consent to being recorded. We do not guarantee that any recording exists, that recording equipment was operating or covered a particular area at a particular time, that any recording will be retained for any period, or that any recording will be legible or usable. The presence of cameras or access control is not a representation that a Service Location is secure or continuously monitored, and creates no duty of security on our part beyond the standard of care in Section 6.3.

10.2  Requests for Recordings.  We will consider a reasonable written request for a recording relevant to a claim submitted under Article 13, will forward such a request to the Venue Client or property owner, and will preserve any recording within our own possession and control that is reasonably identified in a timely written request. Because we do not control site surveillance systems, we cannot guarantee production of any footage. We may condition our assistance on a lawful subpoena, a signed release, or the Venue Client's consent.

10.3  Recording Devices in Your Vehicle.  If your Vehicle records audio, video, telematics, or location data during the Custody Period, you are solely responsible for ensuring that its operation complies with applicable law, including any law governing the recording of conversations. You agree not to use any such recording, or data derived from it, for any purpose other than the good-faith investigation or prosecution of a claim under these Terms, and not to publish, broadcast, or distribute any recording depicting an identifiable Attendant without that individual's consent or as required by law.

10.4  Vehicle Data.  We do not intentionally access, download, extract, or retain data generated by your Vehicle's onboard systems. Where we must interact with a Vehicle's interface to operate it, any incidental access is limited to that purpose.

ARTICLE 11 — CHARGES

11.1  What You Pay.  Any charge for valet service is stated in the Location Notice for that Service Location. Where the Venue Client has arranged and paid for the service — as is common for building tenants, club members, employees, and hosted events — no parking charge is assessed to you by us. Where a per-vehicle fee applies, it is posted at the valet stand and payable at the time of service by the methods identified there. Any amount a Venue Client passes through to you under your lease, membership, occupancy, or event arrangement is a matter between you and that party, and we have no role in setting or collecting it.

11.2  Vehicle Washing Fee.  Where vehicle washing is offered under Section 3.5, it is charged at the posted per-wash fee, payable by the person requesting it. Requesting a wash authorizes the charge.

11.3  Other Charges We May Assess Directly.  We may also charge you directly for: extended or overnight storage beyond the period described in Section 12.1; the administrative fee under Section 7.2 for release without a Claim Check; towing and impound charges under Section 12.3; cleaning charges necessitated by the condition of your Vehicle; and any citation, penalty, or toll attributable to your Vehicle other than one caused by our own failure to exercise ordinary care. Rates for these items are posted at the valet stand.

11.4  Payment Authorization.  Where you provide a payment instrument, you represent that you are authorized to use it and that the information is accurate and current. You authorize us to charge that instrument for amounts properly due under Sections 11.1 through 11.3, including amounts assessed after the Custody Period ends. You agree to keep your payment and contact information current.

11.5  Gratuities.  Gratuities are voluntary, are never required, and are not a condition of service. They are distributed in accordance with our applicable wage and tip policies and with Ohio and federal wage law.

11.6  Disputed Charges.  You must notify us in writing of any disputed charge within thirty (30) days after it is assessed. Failure to do so constitutes acceptance of the charge and waiver of any claim relating to it, to the fullest extent permitted by law. This Section does not limit any right you may have under the Fair Credit Billing Act or the rules of your card network or financial institution.

11.7  Taxes and Late Amounts.  All amounts are exclusive of applicable sales, use, parking, or similar taxes, which are your responsibility, other than taxes measured by our net income. Amounts not paid when due may bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by Ohio law, together with our reasonable costs of collection.

ARTICLE 12 — EXTENDED STORAGE, ABANDONMENT, AND LIEN RIGHTS

12.1  Extended Storage.  A Vehicle remaining in our custody for more than seventy-two (72) consecutive hours without your prior written arrangement is held solely as an accommodation and at your sole risk. Beginning at that time, the bailment described in Article 6 terminates and our obligations with respect to the Vehicle are limited to safekeeping any key we hold and refraining from intentional or reckless damage to the Vehicle. Extended storage charges accrue at the posted rate.

12.2  Abandonment.  A Vehicle is deemed abandoned if it remains at a Service Location more than fifteen (15) consecutive days without your prior written arrangement, if you notify us that you do not intend to retrieve it, or if we are unable to reach you at the contact information you provided after reasonable attempts over a period of not less than ten (10) days.

12.3  Removal and Towing.  We may cause a Vehicle to be removed from a Service Location by a licensed towing operator, at your expense, where the Vehicle is abandoned under Section 12.2, is parked in violation of posted rules, obstructs access, egress, or a fire lane, presents a safety or environmental hazard, is subject to a lawful order of removal, or where the Venue Client or property owner directs removal. We do not own or control any Service Location, and we will cause a Vehicle to be removed only with the authorization of the party entitled under Ohio law to authorize removal from that private property. Removal will comply with applicable Ohio law governing the removal of vehicles from private property, including the private tow-away zone requirements of R.C. § 4513.601 and the abandoned vehicle provisions of R.C. § 4513.60 et seq., to the extent applicable. We are not responsible for the acts or omissions of any independent towing or storage operator, or for damage occurring after a Vehicle is released to one.

12.4  Lien Rights.  To the fullest extent permitted by law, we reserve and may assert every statutory and common-law lien available to a bailee for hire or storage operator upon a Vehicle in our possession, to secure payment of accrued service, storage, towing, and related charges, including any lien arising under R.C. § 1311.09 and the certificate-of-title provisions of R.C. § 4505.13, to the extent applicable. We will exercise any such lien only in strict accordance with the notice, hearing, and sale procedures required by law.

12.5  Notice.  Before removing a Vehicle as abandoned or asserting a lien, we will make reasonable efforts to notify you at the contact information you most recently provided, to notify the Venue Client, and, where we have access to it, to notify the registered owner at the address of record. Your failure to keep your contact information current does not excuse any obligation under this Article.

ARTICLE 13 — DAMAGE, LOSS, AND CLAIMS

13.1  Inspect Before You Leave.  You are responsible for inspecting your Vehicle when it is returned to you and before you leave the Service Location. Inspection at that time is the only practical means of establishing that damage occurred during the Custody Period.

13.2  Notice of Claim.  You must report damage, loss, or theft to the Attendant on duty, or in writing to claims@casariveraparking.com or by telephone to 937-344-9661, as follows: (a) for damage reasonably discoverable on ordinary visual inspection, before you leave the Service Location; and (b) for damage not reasonably discoverable on ordinary visual inspection, within twenty-four (24) hours after the Vehicle is returned to you, or within twenty-four (24) hours after you first discover or reasonably should have discovered it, whichever is later, and in no event more than seven (7) days after the Vehicle is returned. Timely notice is a condition precedent to any claim against us for damage to a Vehicle. We will accept and consider a late claim where you demonstrate that timely notice was not reasonably possible, but late notice materially prejudices our ability to investigate and may be a defense to the claim.

13.3  What a Claim Must Include.  A claim must be in writing and include, to the extent available to you: your name and contact information; the Service Location, date, and time; the Claim Check number; the Vehicle's year, make, model, color, license plate, and vehicle identification number; a description and photographs of the damage; a copy of the Vehicle's registration and your insurance identification card; and, once obtained, a written repair estimate.

13.4  Cooperation and Inspection.  You will cooperate reasonably with our investigation, make the Vehicle available for inspection by us and our insurer at a reasonable time and place before repairs begin, and preserve the damaged condition until inspection is completed or waived in writing. Beginning repairs before we or our insurer have had a reasonable opportunity to inspect may bar the claim to the extent we are prejudiced.

13.5  Repair.  Where we accept responsibility, we or our insurer may elect to repair the Vehicle at a qualified repair facility of our or the insurer's selection, to reimburse the reasonable cost of repair, or to pay the diminished value of the Vehicle, whichever we or our insurer determine appropriate. Repair or payment under this Section constitutes full satisfaction of the claim.

13.6  Exclusions.  We are not responsible for: pre-existing damage; ordinary wear and tear; damage resulting from a defect or mechanical, electrical, or software failure of the Vehicle; damage resulting from a characteristic you failed to disclose under Article 9; damage occurring outside the Custody Period; damage caused by another patron, a third party, or a criminal act we could not reasonably have prevented through the exercise of ordinary care; damage caused by weather, flood, fire, falling objects, or other events beyond our control; damage caused by a condition of the Service Location itself; Personal Property, in every case; or diminished value, loss of use, rental replacement cost, or any other consequential loss, except as required by law.

13.7  No Admission.  Neither our acceptance of a claim for investigation, nor our provision of a condition record, incident report, recording, or courtesy accommodation, constitutes an admission of liability or a waiver of any defense or provision of these Terms.

13.8  Your Insurer.  In the event of a collision or other reportable incident, you remain responsible for any report required of you by law and for all communication with your own insurer. Nothing in this Article limits your insurer's right to pursue subrogation against us to the extent permitted by law and subject to these Terms.

ARTICLE 14 — INSURANCE

14.1  Coverage We Maintain.  We maintain commercial insurance appropriate to our operations, including garagekeepers legal liability coverage for physical damage to a customer's vehicle in our care, custody, and control; commercial general liability coverage; non-owned and hired automobile liability coverage responding to third-party bodily injury and property damage arising from an Attendant's operation of a Vehicle; and Ohio workers' compensation coverage as required under R.C. Chapter 4123. Current limits are set forth in the certificate of insurance we will furnish on written request.

THIS ARTICLE IS AN UNOFFICIAL SUMMARY PROVIDED FOR GENERAL REFERENCE ONLY. IT IS NOT A CONTRACT OF INSURANCE, IS NOT BINDING, DOES NOT AMEND ANY POLICY, AND CONFERS NO RIGHTS ON ANY PERSON. COVERAGE IS DETERMINED SOLELY BY THE TERMS, CONDITIONS, LIMITS, DEDUCTIBLES, AND EXCLUSIONS OF THE ACTUAL POLICIES IN FORCE AT THE TIME OF LOSS. THE EXISTENCE OF INSURANCE IS NOT AN ADMISSION OF LIABILITY AND DOES NOT EXPAND OUR OBLIGATIONS UNDER THESE TERMS.

14.2  Your Insurance Is Primary.  Your motor vehicle liability insurance is primary with respect to any third-party claim for bodily injury or property damage arising out of the ownership, maintenance, or use of your Vehicle. Our non-owned automobile coverage, if any, applies on an excess basis only, above all coverage available to you.

14.3  We Are Not an Insurer.  We do not sell, provide, or arrange insurance for you or your Vehicle. Nothing in these Terms obligates us to insure any Vehicle or Personal Property, and no coverage exists for Personal Property under any circumstance.

14.4  Deductibles.  Where a claim is resolved through our insurance, any applicable deductible is borne by us and is not charged to you.

ARTICLE 15 — CONDUCT AT A SERVICE LOCATION

As a condition of receiving the valet service, you and every person acting on your behalf agree not to:

(a) harass, intimidate, threaten, physically contact, or use abusive, discriminatory, or profane language toward any Attendant, any of our employees or contractors, or any other patron;

(b) obstruct a drive aisle, ramp, fire lane, accessible space, or egress path, or disregard a lawful instruction of an Attendant relating to safety or traffic control;

(c) operate a vehicle at a Service Location while impaired, or in a reckless or unsafe manner;

(d) park, stage, reposition, or retrieve a Vehicle yourself where Section 3.8 or Section 7.6 prohibits it;

(e) enter a restricted area, key box, podium, or area not open to patrons;

(f) misrepresent your identity, your authority over a Vehicle, or your eligibility for the service, or present a Claim Check to which you are not entitled;

(g) share, lend, or duplicate an access credential in violation of Venue Client rules;

(h) use a Service Location for any unlawful purpose, or for any solicitation, commercial activity, or distribution not authorized in writing by us and the Venue Client; or

(i) damage, deface, or interfere with our or the Venue Client's equipment, signage, vehicles, or property.

We may refuse service, remove any Vehicle under Article 12, report conduct to the Venue Client and to law enforcement, and pursue all remedies available at law or in equity in response to any violation of this Article.

ARTICLE 16 — COMMUNICATIONS AND PRIVACY

16.1  Consent to Communications.  Where you provide contact information to us, including on an Enrollment Acknowledgment, you consent to receive communications from us relating to the valet service at that contact information, including retrieval-ready notifications, delay notices, service interruption notices, charge confirmations, notices of amendment under Section 1.9, and claim correspondence.

16.2  Telephone and Text Messages.  Where you provide a mobile telephone number, you consent to receive telephone calls and text messages from us at that number relating to the valet service. Message and data rates may apply. Message frequency varies. You may opt out of text messages at any time by replying STOP, by notifying an Attendant, or by contacting us at the address in Article 24. Opting out will limit our ability to notify you about your Vehicle and may lengthen retrieval times. Opting out does not withdraw or invalidate your acceptance of these Terms, does not terminate these Terms, and does not affect any obligation that has already accrued.

16.3  Accuracy of Your Contact Information.  You are responsible for providing accurate contact information and for keeping it current. If a number or address you provide is invalid or a message to it fails, we will use another method available to us. If you change or discontinue a telephone number you provided, promptly notify us so that messages are not delivered to the person who later acquires that number. We are not liable for any message delivered to a reassigned number before you provide that notice.

16.4  Privacy.  Our collection, use, and disclosure of information about you is governed by our Privacy Policy where one is in effect, which is available on request at the valet stand and at the address in Article 24. Where these Terms and the Privacy Policy conflict as to the handling of personal information, the Privacy Policy controls.

16.5  Disclosure to the Venue Client.  You acknowledge that we may disclose to the Venue Client for a Service Location information reasonably necessary to administer the valet service under our agreement with that party, including enrollment records, usage records, incident reports, and records of conduct under Article 15.

16.6  Confidential Information.  Our rate structures, operating procedures, incident records, and staffing information disclosed to you in the course of the valet service are our confidential business information. You will not disclose or use them other than as reasonably necessary to receive the service or to pursue a claim under these Terms.

ARTICLE 17 — INDEMNIFICATION AND RELEASE

17.1  Indemnification.  You will indemnify, defend, and hold harmless Casa Rivera Parking LLC, Casa Rivera Holdings LLC, the Venue Client for the Service Location at which the service in question was provided, and each of their respective members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees and costs of defense, arising out of or relating to: (a) your breach of these Terms or of any representation in Article 5; (b) the condition, defect, or mechanical failure of your Vehicle; (c) your own operation of your Vehicle; (d) any Personal Property or prohibited item left in your Vehicle; (e) any characteristic or condition you failed to disclose under Article 9; (f) any person, child, or animal left in your Vehicle; (g) your violation of applicable law or of any right of a third party; or (h) any use of the valet service by a person acting on your behalf or with your permission.

17.2  Limits.  Your indemnification obligation does not extend to any claim to the extent it arises from the gross negligence, willful or wanton misconduct, or intentional wrongdoing of the Indemnified Party seeking indemnity, or to any liability the indemnification of which is prohibited by law.

17.3  Defense.  We may, at our option and at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate reasonably with that defense. You will not settle any matter affecting an Indemnified Party without that party's prior written consent.

17.4  Release of Unknown Claims.  Except as to any claim you have preserved by timely notice under Article 13, you release the Indemnified Parties from claims arising out of the valet service that you did not know or suspect to exist at the time you retrieved your Vehicle, to the fullest extent permitted by law.

ARTICLE 18 — DISCLAIMER OF WARRANTIES

The valet service is provided on an “as is” and “as available” basis. Subject to the standard of ordinary care expressly stated in Section 6.3, and to the fullest extent permitted by law:

WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WORKMANLIKE PERFORMANCE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE VALET SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY RETRIEVAL WILL OCCUR WITHIN ANY PARTICULAR TIME; THAT ANY SERVICE LOCATION IS SECURE OR MONITORED AT ANY GIVEN TIME; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Some jurisdictions do not permit the exclusion of certain implied warranties. To the extent an exclusion here is not permitted, it does not apply to you and the corresponding warranty is limited in duration to the shortest period permitted by law. Nothing in this Article limits the standard of care we owe as bailee under Section 6.3 or any obligation that cannot be disclaimed under Ohio law.

ARTICLE 19 — LIMITATION OF LIABILITY

19.1  No Indirect Damages.  To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, lost revenue, loss of goodwill, loss of use, loss of data, cost of substitute transportation or rental, diminution in value, missed appointments or engagements, or other intangible loss, arising out of or relating to the valet service or these Terms, whether based in contract, tort (including negligence), strict liability, warranty, statute, or any other theory, and whether or not we have been advised of the possibility of such damages.

19.2  Direct Physical Damage to Your Vehicle.  Our liability for direct physical damage to a Vehicle occurring during the Custody Period and caused by our negligence or other failure to exercise ordinary care is limited to the lesser of the reasonable cost of repair or the actual cash value of the Vehicle immediately before the loss, and in no event exceeds the applicable limit of our garagekeepers legal liability coverage then in force. We have no liability for such damage beyond that limit.

19.3  Personal Property.  We have no liability of any kind for Personal Property, in accordance with Article 8, and no amount is recoverable for Personal Property under any provision of these Terms, to the fullest extent permitted by law.

19.4  All Other Claims.  For all claims other than those addressed in Sections 19.2 and 19.3, and other than those excepted in Section 19.5, our total aggregate liability arising out of or relating to the valet service or these Terms will not exceed two thousand five hundred dollars ($2,500.00). This Section does not limit any recovery expressly provided by a statute that does not permit the limitation of that recovery.

19.5  Exceptions.  Nothing in these Terms limits or excludes our liability for: (a) death or bodily injury caused by our negligence; (b) our gross negligence, willful or wanton misconduct, fraud, or fraudulent misrepresentation; (c) conversion of a Vehicle by us; or (d) any other liability that cannot be limited or excluded under applicable Ohio or federal law. Ohio law does not permit a party to contract away liability for willful or wanton misconduct, and these Terms do not purport to do so.

19.6  Basis of the Bargain.  You acknowledge that the limitations in this Article, the disclaimers in Article 18, and the allocation of risk throughout these Terms are essential elements of the basis of the bargain, and that we would not provide the valet service on the terms we do without them. These limitations apply notwithstanding the failure of any limited remedy of its essential purpose.

19.7  Jurisdictional Limits.  Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages or of liability for personal injury. To the extent any limitation here is not permitted, it does not apply to you and our liability is limited to the greatest extent permitted by law. The remaining provisions of this Article continue in full force.

ARTICLE 20 — DISPUTE RESOLUTION, ARBITRATION, AND CLASS WAIVER

PLEASE READ THIS ARTICLE CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS UNDER SECTION 20.10.

20.1  Informal Resolution First.  Before commencing arbitration or any other proceeding, the party raising a dispute must send the other a written Notice of Dispute describing the nature and basis of the claim and the relief sought. Your notice goes to the address in Article 24; ours goes to the most recent contact information we hold for you. The parties will then attempt in good faith to resolve the dispute informally for sixty (60) days after the notice is received, including by a telephone or videoconference settlement conference at either party's request. This is a condition precedent to arbitration, and the applicable limitations period is tolled during the sixty-day period.

20.2  Agreement to Arbitrate.  Except as provided in Section 20.3, any dispute, claim, or controversy arising out of or relating to the valet service, these Terms, or the relationship between you and us — whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before, during, or after termination of these Terms — will be resolved exclusively by final and binding individual arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

20.3  Exceptions.  This Article does not apply to: (a) any claim that may be brought in a small claims court of competent jurisdiction, so long as it remains in that court and is brought on an individual basis; (b) any action seeking temporary, preliminary, or permanent injunctive relief to prevent immediate and irreparable harm, which either party may bring in the courts identified in Section 23.2 without first arbitrating; or (c) any claim that applicable law provides may not be arbitrated.

20.4  Procedure.  Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this Article. If the AAA is unavailable or declines to administer consistent with this Article, the parties will agree on a substitute administrator or, failing agreement, either party may petition a court of competent jurisdiction to appoint one. The arbitration will be conducted by a single neutral arbitrator. Any in-person hearing will take place in Montgomery County, Ohio, or in the Ohio county in which the Service Location is situated, at your election; the arbitrator may also proceed by telephone, videoconference, or documents-only submission where the applicable rules permit. The arbitrator will issue a reasoned written award.

20.5  Authority of the Arbitrator.  The arbitrator has exclusive authority to resolve the dispute and may award any remedy available in a court of law on an individual basis, bound by these Terms. The arbitrator may not award relief to or against any person who is not a party, may not consolidate claims without the parties' written consent, and may not award any category of damages excluded under Article 19 or in excess of the limits stated there. The award is final and binding, and judgment may be entered on it in any court of competent jurisdiction.

20.6  Costs and Fees.  Payment of filing, administrative, and arbitrator fees is governed by the applicable AAA rules, except that we will pay any portion of those fees exceeding what you would have paid to file the same claim in the state court of general jurisdiction where the Service Location is situated, and will pay such fees in full where the applicable rules require the business to do so. Each party bears its own attorneys' fees and costs unless a statute or these Terms provide otherwise, except that the arbitrator may award fees and costs as permitted by law, and may award them against a party who brings a claim or defense the arbitrator determines to be frivolous or brought for an improper purpose.

20.7  Class and Collective Action Waiver.  You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, collective, consolidated, coordinated, mass, or representative action, and not in the capacity of a private attorney general, except where such a waiver is prohibited by law. Neither you nor we may act as a class representative or class member or otherwise participate in a class, collective, or representative proceeding against the other. If this Section is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in the courts identified in Section 23.2, and all remaining claims will proceed in arbitration.

20.8  Delegation.  The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this Article, including any claim that all or part of it is void or voidable — except that a court of competent jurisdiction, and not the arbitrator, will decide any dispute concerning the scope, enforceability, or interpretation of Section 20.7.

20.9  Confidentiality of Proceedings.  The parties will keep the existence, content, and result of any arbitration confidential, except as necessary to prepare or present a claim or defense, to enforce or challenge an award, to satisfy an obligation to an insurer or auditor, or as required by law.

20.10  Right to Opt Out.  You may opt out of this Article by sending written notice to the address in Article 24 within thirty (30) days after you first accept these Terms, or within thirty (30) days after the effective date of any material amendment to this Article. Your notice must include your name, address, telephone number, and the date and location of the service you received, and must clearly state that you are opting out of arbitration. Opting out affects only this Article, does not affect the rest of these Terms, and will not affect your ability to use the valet service.

20.11  Waiver of Jury Trial.  To the extent any dispute proceeds in court rather than in arbitration, you and we each knowingly, voluntarily, and irrevocably waive any right to trial by jury with respect to that dispute, to the fullest extent permitted by law.

20.12  Severability and Survival.  Except as provided in Section 20.7, if any provision of this Article is held invalid or unenforceable, that provision will be severed and the remainder of this Article continues in full force. This Article survives termination of these Terms.

20.13  Amendments to This Article.  If we amend this Article after the date you first accepted these Terms, you may reject the amendment by written notice to us within thirty (30) days after its effective date, in which case the version in effect immediately before the amendment continues to govern disputes between you and us.

ARTICLE 21 — SUSPENSION AND TERMINATION

21.1  By Us.  We may suspend or terminate your access to the valet service, or refuse to provide it, at any time in our discretion, with or without notice, including for violation of these Terms, nonpayment, conduct prohibited by Article 15, suspected fraud or unlawful activity, or at the direction of the Venue Client. Where we terminate access while a Vehicle is in our custody, we will return the Vehicle to you under Article 7 upon payment of all amounts then due.

21.2  By You.  You may stop using the valet service at any time. Doing so does not relieve you of any obligation accrued before that time, including payment and indemnification obligations.

21.3  End of Service at a Location.  We provide valet service at each Service Location under an agreement with the Venue Client for that location. If that agreement expires or terminates for any reason, our obligation to provide service at that location ends on its termination date, and we will have no liability to you arising from that termination. We will return any Vehicle then in our custody in accordance with these Terms. Termination of service at one Service Location does not affect these Terms as they apply at any other Service Location.

21.4  Effect.  Termination does not affect any right or obligation that accrued before it. Provisions that by their nature should survive do survive, as described in Section 23.11.

ARTICLE 22 — FORCE MAJEURE

We are not liable for any failure or delay in providing the valet service, or for any loss or damage arising from such failure or delay, where caused by circumstances beyond our reasonable control, including: severe weather, flood, fire, earthquake, or other natural event; epidemic or public health emergency; war, terrorism, riot, civil disturbance, or vandalism; criminal acts of third parties; labor disturbance; failure or interruption of electrical power, telecommunications, network, access-control, or site systems; structural failure, construction, or closure of a Service Location; act of any governmental authority; or the act, omission, or direction of a Venue Client or any party controlling the premises. Where such a circumstance prevents the return of a Vehicle, we will return it as soon as reasonably practicable after the circumstance abates.

ARTICLE 23 — GENERAL PROVISIONS

23.1  Governing Law.  These Terms and any dispute arising out of or relating to them or the valet service are governed by the laws of the State of Ohio, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Article 20.

23.2  Venue.  Subject to Article 20, any action or proceeding arising out of or relating to these Terms or the valet service must be brought exclusively in the state or federal courts located in Montgomery County, Ohio, or in the Ohio county in which the Service Location is situated. You and we each irrevocably consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

23.3  Limitation of Actions.  Except for a claim for death or bodily injury, and except where a different period is required by law, any claim arising out of or relating to these Terms or the valet service must be commenced within one (1) year after it accrues, or it is permanently barred. This Section does not shorten the notice period required under Article 13, which applies in addition.

23.4  Entire Agreement.  These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and us concerning the valet service and supersede all prior and contemporaneous agreements, representations, and understandings, oral or written. No oral statement by any Attendant or other representative modifies these Terms or creates any obligation not stated in them.

23.5  Severability.  If any provision is held invalid, illegal, or unenforceable, it will be reformed to the minimum extent necessary to render it enforceable while preserving its intent or, if reformation is not possible, severed. The remaining provisions continue in full force.

23.6  No Waiver.  No failure or delay by us in exercising any right operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if in writing and signed by our authorized representative, and a waiver of one breach is not a waiver of any subsequent breach.

23.7  Assignment.  You may not assign or transfer these Terms or any right or obligation under them without our prior written consent, and any purported assignment without consent is void. We may assign or transfer these Terms, in whole or in part, in connection with a merger, reorganization, or sale of assets, or in connection with any permitted assignment of our agreement with a Venue Client.

23.8  Notices.  Notices to us must be in writing and delivered by hand, by certified mail (return receipt requested), or by nationally recognized overnight courier to the address in Article 24, and are effective on receipt. Notices to you may be given by email, text message, first-class mail, hand delivery, or posting at the valet stand, at our election, and are effective on transmission or posting or, in the case of mail, three (3) business days after deposit.

23.9  No Third-Party Beneficiaries.  Except for the Indemnified Parties identified in Article 17, who are express third-party beneficiaries of Article 17 and of the limitations in Articles 18 and 19, these Terms confer no rights or remedies on any person other than you and us.

23.10  No Rights Under Our Venue Agreements.  Our agreement with a Venue Client is a contract solely between those two parties. You are not a party to it and not an intended third-party beneficiary of it, and you acquire no right, claim, or remedy under it. Your rights with respect to the valet service arise exclusively under these Terms. Nothing in any such agreement enlarges any obligation we owe you, and no provision of these Terms is intended to enlarge, limit, or vary any obligation between us and a Venue Client.

23.11  Survival.  Articles 8, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, and 23, and any other provision that by its nature is intended to survive, survive the termination of these Terms.

23.12  Interpretation.  “Including” means “including without limitation.” Article and section headings are for convenience only. These Terms will not be construed against either party as drafter.

23.13 Language and Counterparts. These Terms are executed and interpreted in the English language, which controls in the event of any translation. Any acknowledgment may be given in counterparts, including electronically, each of which is deemed an original.

ARTICLE 24 — CONTACT

Questions, notices, claims, requests for a copy of these Terms or the Privacy Policy, requests for a certificate of insurance, and arbitration opt-out notices should be directed to:

Casa Rivera Parking LLC

130 W 2nd St, Suite 1700, Unit 121

Dayton, Ohio 45402

Telephone: 937-344-9661

General inquiries and legal notices: info@casariveraparking.com

Damage claims: claims@casariveraparking.com

Casa Rivera Parking LLC is a wholly owned subsidiary of Casa Rivera Holdings LLC. No obligation of Casa Rivera Parking LLC under these Terms is an obligation of Casa Rivera Holdings LLC or of any Venue Client.