Terms and Conditions/Liability Policy
TERMS OF SERVICE & LIABILITY POLICY
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Just Throw It In The Bag Wilmington, North Carolina
These Terms of Service (“Agreement”) constitute a legally binding contract between you (“Customer”) and Just Throw It In The Bag (“Company”), a North Carolina business operating in Wilmington, North Carolina. By scheduling service, placing an order, enrolling in subscription service, or using Company services, you agree to be bound by these Terms.
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1. GOVERNING LAW & VENUE (NORTH CAROLINA)
This Agreement shall be governed by and construed under the laws of the State of North Carolina, without regard to conflict of law principles. Venue for any permitted court action shall lie exclusively in New Hanover County, North Carolina. Customer consents to personal jurisdiction in North Carolina.
2. BAG CAPACITY & PRICING POLICY
Pricing is flat-rate and determined strictly by Company-designated bag size. Laundry must: Fit completely within the provided bag Allow the bag to close without force or over filling If a bag does not close: Additional items will be placed in the appropriate bag size and billed as follows: Small – $35 Medium – $45 Large – $60 XL – $90 The Company retains sole discretion in determining bag classification. All laundry must fit inside OUR bags and close securely. Overflow items will be placed in an additional bag and billed at an additional fee; we will take a picture and contact you prior to washing to determine how you would like to proceed.
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3. PICKUP & DELIVERY TERMS Pickup window:
8:00 AM–10:00 AM Delivery window: 4:00 PM–6:00 Standard turnaround: Approximately 48 hours Customer assumes risk of loss for items left outside or unattended. Company shall not be liable for: Theft Weather damage Delays due to acts of God, mechanical failure, labor issues, or events beyond Company control
4. PET ITEMS, HEAVY SOIL & ODOR (STRICT LIABILITY POLICY)
Company does NOT wash:
Pet beds Pet mats Pet-specific items Laundry that is excessively soiled, strongly odorous, contaminated, infested, or covered in excessive pet hair falls outside normal service parameters. Company may, at its sole discretion: Refuse service Remove and return such items unwashed. Apply additional fees Mandatory additional fees: Pet beds/mats: $25 handling fee per affected bag Excessive pet hair: $15 per bag minimum Heavy soil: $15–$25 per bag Strong odors (urine, mildew, smoke, bodily fluids): $20–$25 per bag Customer authorizes automatic charging of applicable fees.
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5. DISCLAIMER OF WARRANTIES Services are provided “AS IS” and “AS AVAILABLE.”
Company makes no warranties, express or implied, including but not limited to: Merchantability Fitness for a particular purpose Complete stain removal Prevention of shrinkage or color bleed Customer submits all garments at their own risk.
6. LIMITATION OF LIABILITY (ENFORCEABLE CAP) To the fullest extent permitted under North Carolina law:
Company shall not be liable for: Incidental damages Consequential damages Special damages Emotional distress Loss of profits Loss of business Sentimental value Maximum liability, if negligence is established, shall be limited to: Ten (10) times the service price of the affected bag, not to exceed the fair market replacement value of the item. Claims must be submitted in writing within 48 hours of delivery. Failure to do so constitutes waiver of claim.
7. PAYMENT AUTHORIZATION & CHARGEBACK PROTECTION By providing payment information, Customer authorizes: Immediate and recurring charges Additional bag fees Soil/odor/pet hair fees Late fees if applicable Initiating a chargeback without first providing written notice and opportunity to resolve shall constitute breach of contract. Customer agrees Company may pursue: Recovery of disputed funds administrative costs Collection costs Attorney’s fees
8. SUBSCRIPTION TERMS Subscription services:
Renew automatically Require valid payment method on file Require 7 days written notice to cancel If a minimum term applies (e.g., 3 months), early termination may result in billing of remaining commitment balance. Paused service does not void minimum commitment period. Company may modify pricing with 30 days written notice.
9. COMMERCIAL CLIENT TERMS Commercial clients:
Must execute written service agreement Are subject to minimum commitment terms Agree to invoice payment per agreed terms Failure to pay may result in: Service suspension Late fees Immediate termination Referral to collections Commercial clients assume responsibility for ensuring no biohazard or regulated materials are included.
10. MANDATORY DISPUTE RESOLUTION & ARBITRATION Any dispute, claim, or controversy arising out of or relating to this Agreement or Company services shall first be addressed through good-faith negotiation. If unresolved, the dispute shall be resolved by binding arbitration in New Hanover County, North Carolina, administered pursuant to the North Carolina Revised Uniform Arbitration Act. Customer and Company both waive: Right to jury trial Right to participate in class action Right to consolidated claims Arbitration shall be conducted by a single arbitrator. Judgment upon the award may be entered in any court of competent jurisdiction. Either party may pursue claims in North Carolina Small Claims Court if within jurisdictional limits.
11. ATTORNEY’S FEES & COST RECOVERY
In any action to enforce this Agreement, the prevailing party shall be entitled to recover: Reasonable attorney’s fees Court costs Arbitration costs Collection costs
12. SEVERABILITY If any provision of this Agreement is deemed unenforceable under North Carolina law, the remaining provisions shall remain in full force and effect.
13. ACCEPTANCE OF TERMS
By scheduling service, submitting laundry, enrolling in subscription service, or using Company services, Customer affirms: They have read this Agreement They understand it They agree to be legally bound Use of service constitutes acceptance.
14. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Just Throw It In The Bag, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: Customer’s breach of this Agreement Submission of prohibited, hazardous, contaminated, or biohazard materials Failure to empty pockets or remove dangerous objects Third-party claims related to items submitted for service Any misrepresentation regarding garment condition or washability This indemnification obligation shall survive termination of services.
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15. FORCE MAJEURE
Company shall not be liable for any delay, failure in performance, or service interruption caused by events beyond its reasonable control, including but not limited to: Acts of God Severe weather Flood, fire, or natural disaster Power outages Equipment failure Labor disputes Government orders or restrictions Supply chain disruptions In such circumstances, service timelines may be extended without liability.
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16. CONTRACTUAL LIMITATION PERIOD
To the fullest extent permitted under North Carolina law, any claim, action, or proceeding arising out of or related to Company services must be initiated within: Six (6) months from the date of delivery of the affected items. Failure to initiate a claim within this six-month period constitutes a complete waiver and permanent bar to the claim, regardless of any longer statute of limitations that may otherwise apply under North Carolina law.