TERMS AND CONDITIONS OF SERVICE
By requesting or accepting services from AAMD Mobile Detailing, its agents, subcontractors, employees, associates, or its partners, You agree to be bound by this Customer Contract (this “Agreement”) between You (hereinafter the “Client”) and Poseidon Mobile Detailing, LLC (d/b/a All American Mobile Detailing, hereinafter “AAMD”). The Client and AAMD shall be referred to, collectively, as “the Parties.” In and for consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
- Statement of Work. Upon the completion of AAMD’s services, Client shall sign a “Statement of Work” as presented by AAMD, unless the actual services affirmatively indicated therein were not actually performed. If Client fails or refuses to sign a Statement of Work which correctly indicates the services actually rendered by AAMD, then AAMD may assess Client a reasonable fee to audit the account and services actually rendered in an amount not less than one hundred dollars ($100.00).
- Accepting These Terms. Client understands and agrees it has accepted these Terms and Conditions of Service via a mandatory “click wrap” onboarding sequence by and through AAMD’s web-based scheduling service. Client also understands AAMD uses a “shrinkwrap” method of contract formation during the scheduling and coordination of AAMD’s services via email. Therefore, Client understands and agrees to these Terms and Conditions of Services upon receiving any email containing these Terms and Conditions of Service and (a) simultaneously or at any point thereafter proceeding to provide payment information to AAMD for past, present, or future services; or (b) scheduling or rescheduling services with AAMD, whether or not in writing or via telephone, so long as Client receives a copy of these Terms during the scheduling call or immediately thereafter and fails to reject these Terms.
- Client Has Permission to Possess Property. Client warrants, covenants, and promises to AAMD that it has legal title to possess the personal property for which it has requested the subject services.
- Completion Call. Upon the completion of AAMD’s services, Client shall participate, in good faith, in a “Completion Call” with AAMD’s. During the Completion Call, Client shall accurately and honestly represent to AAMD’s customer service department the following items:
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- whether Client reviewed Contractor’s work and is satisfied with the services actually performed and the results.
- whether Client has executed a “Completion Form” indicating that they are satisfied with AAMD’s work;
iii. whether Client wishes to enroll in an AAMD membership program; iv. whether Client has paid AAMD in full; and
- whether, and in what amount, Client wishes to make a gratuity payment to the detailer.
- Condition of Property. Client understands that AAMD services are for mobile detailing, and not for restoration, refurbishment, or remodeling. Client understands and agrees that all requests for services shall be irrebuttably presumed to be for mobile detailing and not for restoration, refurbishment, or remodeling, and therefore Client understands AAMD will not credit, discount, or otherwise submit a reduced invoice, bill, or debit based on Client’s dissatisfaction with services beyond the scope of AAMD’s services.
- Payment Methods. Client agrees that all must be purchased with an approved payment method as determined by the business. Payments in the form of cash or check are not accepted. Under no circumstances shall Client make any arrangement or agreement to pay any in-person detailer, whatsoever. All payments by Client to AAMD shall be made directly to AAMD and not to detailers. All payments by Client to any detailer shall be strictly construed as gratuities and shall not constitute payment for any debt owing to AAMD for its services.
- Client Requirements.
- Communication. The Parties understand and agree that thorough communication and consistency is required to avoid misunderstandings, invoicing errors, and to ensure seamless scheduling.
- Recorded Calls. AAMD may record all telephone and other audio or video calls for quality assurance, fraud prevention, and any other legitimate business purpose. Failure by AAMD to record any call shall not be deemed a surrender or waiver of AAMD’s right to record any other call. Client understands and agrees AAMD does not have a duty to disclose any recordings whatsoever to Client unless legally compelled to do so by legal process.
- Accuracy. By requesting services from AAMD, Client represents and warrants that all information submitted to AAMD is true, accurate, current and complete
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and that Client will promptly notify AAMD in writing if any information changes. Client shall keep AAMD reasonably informed of scheduling conflicts, inclement weather conditions, delays, or any other factor that affects AAMD’s ability to perform the requested services at the scheduled time.
- Text Messages. AAMD may communicate with Client via text message. Client’s carrier’s standard message rates will apply to any message Client sends to AAMD and vice versa. Other charges may apply. All charges are billed by and payable to Client’s mobile service provider. AAMD will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from Client’s network operator. Data obtained from Client in connection with this text messaging service may include Client’s phone number, carrier name, and the date, time and content of Client and AAMD’s text messages, and other information provided to AAMD. AAMD may use this information to contact Client in any manner relating to AAMD’s services.
- Mandatory Attendance. Client shall be physically present on the premises where Client’s property is being serviced at all times during AAMD’s scheduled services. AAMD and its detailers may pause, delay, reschedule, or refuse to perform any and all services if Client is not present, leaves, or otherwise fails to remain on the premises while AAMD is scheduled to be performing services. Client shall permit AAMD to commence the scheduled work at the scheduled time and thirty (30) minutes thereafter (the “Grace” period).
- Opportunity to Perform. If Client fails or refuses to allow AAMD to begin performing its scheduled services during the Grace period, or if Client attempts to interrupt, pause, or prevent AAMD from completing any services during the scheduled detailing period, AAMD may, at its sole discretion, vacate the premises whereupon Client’s sole and exclusive remedy shall be the receipt a gift card, less AAMD’s actual fees and costs payable to detailer for a site visit and services rendered, including a “site visit.”
- Refund Policy. Once detailing has been started, refunds are at the discretion of AAMD. Clients that fail to complain about the services performed or that fail to request a refund within twenty four (24) hours of the completion of the service(s) shall forfeit, waive, and otherwise forego their right to a refund. All complaints and requests for refunds shall be submitted to AAMD, in writing with demonstrative photos attached, to [email protected]. AAMD reserves the right to reject any photo for failure to demonstrate issues of quality in its sole discretion. All media, including photographs and videos, submitted on behalf of Client must be submitted by Client, unless otherwise excused by AAMD in writing.
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- Weather Policy. AAMD reserves the sole and exclusive right to determine whether an appointment must be rescheduled or adjusted due to weather conditions. Appointments that are affected by inclement weather are ineligible for refunds and may only be (a) rescheduled or (b) the value of said appointment may be transferred to a gift card for future use. If Client possesses, maintains, or has lawful access to a facility, covering, or other area which usable and utilized would negate adverse conditions caused by weather, than Client shall permit AAMD to use such facility or area for purposes of rendering AAMD’s services.
10.Rescheduling Appointments. Client agrees and understands that Client is entitled to only one appointment reschedule per purchase, including reschedules caused by inclement weather. AAMD reserves the right to assess a rescheduling fee of fifty dollars ($50.00) per reschedule, but AAMD may waive said fee at its sole discretion. No purchase may be rescheduled more than one (1) time, unless otherwise waived by AAMD in writing on an appointment-by-appointment basis. Notwithstanding anything in these Terms to the contrary, once a purchase has been rescheduled it may not be refunded under any circumstances unless waived by AAMD in writing.
11.Cancellation Policy. Upon submitting a request for services to AAMD, Client understands that AAMD is immediately relying on Client’s representation that Client is willing, able, and available to receive services on the requested date.
- Once Client submits a request for services, should Client wish to cancel or reschedule, Client shall provide AAMD with at least twenty four (24) hours’ written notice to allow AAMD to rebook Client’s cancelled or rescheduled appointment. Cancellations must be made via telephone with AAMD’s customer support. If Client fails or refuses to provide AAMD with at least twenty four (24) hours’ written notice of a cancellation or reschedule request, Client shall be deemed in breach of these Terms. In cases of cancellations in breach of these Terms, AAMD reserves the right to:
- assess Client a reasonable fee of actual damages or a fee equal to fifty percent (50%) of the total service price, whichever is less; and/or
- assess Client an administrative fee of fifty dollars ($50.00), which AAMD may only waive in writing at its sole discretion.
- The Parties hereto understand that failing to provide adequate notice of a cancellation or rescheduling request creates an opportunity loss for AAMD because AAMD has, by default, forfeited its ability to render services for
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another customer and may have incurred unnecessary expenses for a breaching Client.
- If Client wishes to either cancel or reschedule their scheduled services after AAMD’s business hours, a timestamped email will be accepted. Client agrees that all cancellation and rescheduling submitted less than twenty four (24) hours prior to the scheduled service shall be non-refundable.
- If, upon AAMD’s timely arrival at or within a reasonable distance of the boundary line of premises, Client (a) refuses, declines, or demands to reschedule a service; (b) cannot be located or contacted within a reasonable time; leaves the premises during AAMD’s services, cannot produce and make reasonably available the property subject to AAMD’s services; (c) or is non
responsive, uncooperative, prevents or hinders AAMD from rendering services, or acts in a threatening, uncivil, or unprofessional manner to AAMD, then Client shall be deemed to have misrepresented its availability under the Cancellation Policy in these Terms and Client shall be subject to Sections
11(a)(i) and (ii) of these Terms, as applicable.
- AAMD’s arrival is considered timely if AAMD arrives at or within a reasonable distance of the property boundary within thirty (30) minutes of scheduled start of the appointment.
12.Package and Severity Details.
- Client acknowledges the services rendered shall reflect the package requested by Client. Notwithstanding, Client understands requesting additional services, or AAMD’s determination of a Severity, may require additional efforts by AAMD. Therefore, AAMD and its detailers reserve the right to provide an updated price, at their sole discretion, after the in-person inspection of the type and degree of such Severity. For purposes of this Agreement, “Severity”
means the subject property is in a state, condition, or status such that Client’s services, as initially requested, would be insufficient under the circumstances.
- For example, a Severity may exist when a vehicle contains excessive pet hair, bodily fluids, surplus oxidation, rotting produce, spoiled liquids, burn marks, etc.
- Client shall notify AAMD of the presence of a Severity at either (i) the time of scheduling the appointment, or if the Severity occurs after the appointment is scheduled, immediately upon its occurrence or discovery. Client shall take
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reasonable steps to mitigate the presence of any Severity prior to AAMD’s arrival and shall make reasonable accommodations to assist AAMD in rendering its best efforts to reduce the Severity. AAMD may refuse to issue a refund, to reschedule the appointment, or issue a gift card if Client misrepresents any material fact arising out of or regarding a Severity at any point.
- When a Severity exists, AAMD reserves the right to refuse to perform the services initially requested by Client at any time before completion of the requested services. After such refusal, AAMD may generate a new quote that accounts for the type and degree of Severity.
- If Client disagrees with AAMD’s determination with respect to a Severity, or despite AAMD’s refusal to perform based on a Severity insists on AAMD’s performance, Client shall submit a Claim utilizing the Claims process discussed under these Terms within forty eight (48) hours. The email should contain the subject line “Severity Dispute – [Invoice Number – Customer Last Name]”.
13.Client Requirements. Clients are required to provide AAMD with a water hose, potable running water with adequate water pressure, access to a functioning spigot, and functioning electric outlet. In the event Client does not provide the aforementioned, Client consents to the use of AAMD’s equipment and to pay AAMD’s costs and an additional reasonable fee for the use of such equipment. (e.g., Waterless wash and wax, Inverter, Generator).
14.Gift Cards. Gift cards cannot be exchanged for cash, check or credit. Gift cards are redeemable for the goods and services not exceeding the balance of the provided gift card. Should the gift card redeemer choose to add additional services, payment must be made to cover the balance exceeding balance of the Gift card. Gift cards have no expiration date and cannot be replaced if lost or stolen. All gift card redemptions are subject to availability.
15.Personal Effects. While it is our policy to put forth our best effort to care for or organize any items left in the vehicle, AAMD shall be held not liable and not responsible for any valuables that may become damaged, lost, missing or otherwise disposed of performance of AAMD’s services. Client agrees to remove all valuables before leaving its property for service.
16.Bailment. Client agrees to allow AAMD to have custody and possession of client’s property for the purpose of completing the requested service(s), and upon completion of said services Client agrees to immediately pay AAMD. The period
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whereby AAMD has actual possession of the property may be referred to as the “Bailment.” The purpose of the Bailment, among other things, shall be to clean the vehicle of dirt, filth, debris, residue, pollen, plant fibers, dust, and other items which may be removed through reasonable practices according to industry standards. For purposes of this subsection, “AAMD” shall include AAMD, its employees, agents, subcontractors, and assigns. The bailment shall commence after AAMD, its agents, subcontractors, and assigns take actual possession of the personal property, and the bailment shall be terminated upon the occurrence of any of the following: (i) the execution of a Completion Form pertaining to each instance of Bailment, (ii) the departure of AAMD’s from the premises where the personal property was located when it was actually delivered to AAMD, or (iii) the movement of the personal property, including but not limited any movement by Client, AAMD, or third parties. Client agrees to defend, indemnify, and hold AAMD harmless and not liable for all acts, errors, and omissions that occur before and after the bailment. Client understands and agrees that movement of the personal property (e.g., operating a vehicle by driving) is beyond the scope and course of any employment, principal-agent, and respondeat superior relationship, and therefore Client agrees to waive, withdraw, forfeit, and otherwise forego any claim, cause of action, or complaint of any kind based upon vicarious liability with respect to AAMD.
17.Risk of Loss & Indemnity. Client agrees to have their personal property insured for the full value during the entire Bailment. Client assumes all risk of loss for damage to the personal property, including but not limited liability for theft, collision, fire, or water damage, and Client further agrees to defend, indemnify, hold harmless and not liable AAMD for any act, error, or omission on the part of Client, AAMD, and any third party(ies), including instances of Client’s and AAMD’s own negligence. Client further does hereby release and discharge AAMD for any and all loss or damage, and any claim or damages resulting from the same, on account of injury to Client and/or any third party(s) as a result of the condition and/or operation of the personal property. This release covers all injuries, even injury resulting in death of Client, or anyone injured as a result of negligence arising out of, relating to, or resulting from any act, error, or omission of Client or AAMD.
18.Limits of Liability. The Parties agree to limit AAMD’s damages resulting from, relating to, or arising out of this Agreement that may occur while Client’s vehicle is in AAMD’s possession, including but not limited to any damage related to pre-existing conditions (tears, scratches, dents, stains, odors, etc.), damage to automated windshield wiper systems, wiper blades, rear window wipers, loose interior trim or exterior moldings, exterior mirrors, trailer hitch caps, roof racks, power antennas, insignias, non-factory (whether dealer add-on or private) aftermarket accessories
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including alarm systems (including lock-out expenses caused by) alloy, chrome or mag wheels, bug shields, sun visors, magnetic signage, running boards, hood ornaments, headlights, rear lamps, or reflector or for any damage caused as a result of Client’s request for engine detailing services including water interfering with engine function, or for damage caused by a request for any service requiring a wet sanding process. Client agrees to defend, hold harmless, and not liable AAMD for fire, theft, or damage caused to the personal property in any case, including AAMD’s own negligence. AAMD’s liability in all cases is limited to the value of service provided.
19.Consequential Damages Waiver. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES TO THE OTHER PARTY FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES). Notwithstanding the foregoing, this Section shall not negate Sections 22 or 23 of this Agreement.
20.Guarantees & Best Efforts. All services provided by AAMD to Client are on a best efforts basis. Client understands and agrees to hold AAMD harmless and not liable for un-removed stains, odors (e.g., cigarette smells, etc.), and other items which would only be practically achieved through a restoration process. AAMD promises to utilize its best efforts in accordance with industry standards.
21.Claims Process. Client agrees, prior to initiation of any insurance claim, legal cause of action, proceeding before a tribunal, or demand for payment in pursuit of a settlement, it shall submit all written claims and related correspondence to [email protected].
- The subject line of the email shall include the invoice number referencing AAMD’s services, date of loss, and last name (or legal name if a legal entity) of the Client. Client agrees to submit the notice within forty eight (48) hours of the date of loss.
- Client understands and agrees that all claims, including its legal and equitable claims, shall be surrendered, waived, and forfeited for refusing and/or failing to submit a written claim to AAMD within forty eight (48) hours of the date of loss. AAMD shall conduct a reasonable investigation, using its best efforts,
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into the alleged loss. Client shall not be permitted to file, claim, or otherwise assert in any form any action alleging liability or damages whatsoever against AAMD until the conclusion of AAMD’s investigation.
- If AAMD determines, in its sole discretion, that it is or may be liable for the reported damage(s) of any nature, or any portion thereof, Client’s sole and exclusive remedy shall be the lesser of either (i) the cost of Client’s insurance deductible, if Client submitted a claim to its insurance company; or (ii) the fees and costs of the services requested of AAMD by Client on the date of loss.
AAMD may provide such refund in any form of AAMD’s choosing, including but not limited to in the form of free, discounted or upgraded membership plans, gift cards, and the like.
22.Exclusive Remedy. Client acknowledges and agrees that AAMD has no obligation to provide any refund or to repair any damages to Client’s vehicle, and, while AAMD will use good faith, commercially reasonable efforts to investigate and assess Client’s claim, all determinations are in AAMD’s sole, final and absolute discretion. IF AAMD DECIDES TO PAY OR OTHERWISE COMPROMISE ANY CLAIM SUBMITTED PURSUANT TO THIS SECTION, CLIENT ACKNOWLEDGES AND AGREES THAT SUCH PAYMENT OR COMPROMISE IS CLIENT’S SOLE AND EXCLUSIVE REMEDY, AND AAMD’S SOLE OBLIGATION, IN RESPECT OF SUCH CLAIM AND THE EVENT GIVING RISE TO SUCH CLAIM, AND CLIENT HEREBY RELEASES AND WAIVES ANY OTHER CLAIMS, ACTIONS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, THAT CLIENT MAY HAVE AGAINST AAMD, ITS AFFILIATES AND THE OWNER AND TENANTS LOCATED AT THE PREMISES AT WHICH THE ALLEGED INCIDENT OCCURRED.
23.Disclaimer of Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S MEMBERSHIP PLAN AND USE OR RECEIPT OF THE SERVICES IS AT CLIENT’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. AAMD HEREBY UNEQUIVOCALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY FOR ALL GOODS USED, SOLD, TRANSPORTED, OR OTHERWISE RELATING TO OR ARISING OUT OF THIS AGREEMENT. AAMD DOES NOT WARRANT THAT THE SERVICES WILL BE ALWAYS AVAILABLE, WILL MEET CLIENT’S REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. AAMD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. AAMD DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR CLIENT’S PROPERTY. AAMD
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SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO CLIENT’S VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:
- Antennas or side mirrors b. Vehicle badging or emblems c. Loose or broken parts d. Molding, racks, etc.
- Wheel covers or center caps f. Non-factory installed parts or accessories, such as after market wheels
- All unsecured personal items h. Driver or operator failure to follow instructions
- Driver or operator negligence, including but not limited to collusions due to
braking or driving in car wash tunnel
- Moonroofs, sunroofs, glass or bug shields
- Electronic running boards left down
- Rear windshield wipers n. Automatic windshield wipers left o
- Body damage or scratches p. Vehicles over 5 years old q. Pre-existing conditions
24.Governing Law; Venue; Personal Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its choice of law provisions. In the event of any legal or equitable action arising under this Agreement, the parties hereby agree that jurisdiction and venue for any such action shall lie exclusively in the state courts of Florida located in either Seminole County, Florida, or Orange County, Florida, or in the United States District Court for the Middle District of Florida, Orlando Division. The Parties hereto expressly waive any other jurisdiction or venue. The Parties hereby consent to the personal jurisdiction and exclusive venue in the State and Federal Courts located in Orange and Seminole Counties, Florida, and the United States District Court for the Middle District of Florida for any action whatsoever between Client and AAMD, including but not limited to, all actions arising out of this Agreement, Client’s requested services, acts, errors, and omissions by AAMD, its employees, principals, agents, subcontractors, assigns, and associates.
25.Severability. The invalidity of any one or more of the words, phrases, sentences, clauses, or sections contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement, or any part thereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, or sections contained in this Agreement are declared invalid by a court of competent jurisdiction, this Agreement shall be construed as if such invalid words, phrases, sentences, clauses, or sections had not been inserted. If such invalidity of a provision is caused by its scope, the
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length of a period, or the size of an area described therein, all such provision shall be considered reduced to such scope, period or area, as will be necessary to cure such invalidity.
26.Waivers. The waiver by either party hereto of a breach or violation of any term, condition, or provision of this Agreement, shall not operate or be construed as a waiver of any subsequent breach or violation.
27.Damages. No provision of this Agreement shall be construed to prevent either Party from seeking or recovering from the other party, damages sustained by one or both parties as a result of a breach of any term, condition, or provision of this Agreement.
28.No Third-Party Beneficiary. Nothing expressed or implied in this Agreement is intended, nor shall be construed, to confer upon or give any person (other than the parties hereto and, in the case of the Client, also his heirs, personal representative, and legal representatives) any rights or remedies under, or by reason of, this Agreement.
29.Attorneys’ Fees and Costs. In the event of any litigation, including arbitration, between the Parties arising out of or relating to this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable expenses of experts and accountants, which shall include, without limitation, all costs and expenses of appeals. Nothing in this subsection shall be construed to permit recovery of reasonable attorneys’ fees by the prevailing party, and the Parties hereto agree that Attorneys’ fees shall not be recoverable by either party, regardless of which party prevails.
30.Headings. The section headings used throughout this Agreement have been inserted solely for convenience of reference and shall not be taken to limit or extend the natural and proper construction or meaning of the language employed herein.
31.Entire Agreement. This Agreement contains the entire agreement and understanding between the parties pertaining to the subject matter set forth herein, and this Agreement may only be modified or amended upon the mutual written consents of the parties hereto, including their respective heirs, legal representatives, successors, or assigns. In the event of a conflict between this Agreement and any prior directive or written agreement, this Agreement shall control.
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