Service Agreement. The terms and conditions set forth herein shall collectively be referred to as “Agreement”. Clients’ use of Mighty Mechanic’s services, including but not limited to diagnostics, repairs, maintenance and inspections, hereinafter referred to as “Services”, constitutes Client’s understanding and agreement to be bound by the Terms set forth in this Agreement. This Agreement constitutes a legal agreement between Mighty Motors, LLC, dba Mighty Mechanic, an Illinois limited liability company, herein referred to as “MM,” and the Client, hereinafter referred to as “Client”, collectively referred to as the “Parties”. These Terms expressly supersede prior agreements or arrangements with Client, as well as any content or information Client may have read or had access to elsewhere, such as the MM website(s), internet, emails, etc.. MM reserves the right to terminate or deny access to any Service, this Agreement or any section thereof, and/or to amend these Terms at any time with reasonable notice to Client (e.g., via email or website posting). By requesting, scheduling, or using our Services, Client represents and warrants: to be at least 18 years old, have the authority and capacity to enter into this Agreement, and agree to be bound by all terms and conditions contained herein. If Client enters into this Agreement on behalf of another entity, such as a company / organization, Client represents and warrants that Client has the authority to act on behalf of that entity and to bind that entity to this Agreement.

Scope of Services. MM shall provide automotive services, including diagnostics, repairs, and/or maintenance, at Client’s specified location (e.g., home, office, or other designated property), herein referred to as “Service Location”, performed professionally by qualified technicians (including independent contractors) per industry standards and manufacturer specifications. Client’s signature on each Service Order form constitutes acceptance of this Agreement’s terms and authorization for MM to schedule and perform the requested Services. If requested, Client authorizes step-by-step diagnostics involving inspections or tests, acknowledges diagnostics may not identify all issues at once or in one visit, and agrees MM is not liable for additional inspections or part replacements needed to diagnose issues via a process of elimination; technicians may recommend costlier parts to reduce costs, subject to Client’s approval. Client accepts that fragile parts (e.g., plastic, composite parts) are often affected by age and temperature fluctuations, become fragile over time, and may break during handling, with MM not liable and Client responsible for approved replacement costs. To inspect replaced parts, Client must contact MM during service to prevent disposal or core credit return; Client retaining parts may incur associated charges (e.g., shipping, core charges) and legal disposal obligations, while warranty parts must be returned to MM for manufacturer credit; if Client chooses to retain warranty parts, Client forfeits any credit and remains liable for all associated costs. MM assumes no liability for missing keys left for technicians during Client’s absence. If Services cannot be performed due to circumstances beyond MM’s control (e.g., missing keys, inaccessible location), Client remains responsible for a one-hundred and ninety-nine dollar ($199) one-hour minimum fee for technician visits, even if no work can be performed.

Client Responsibilities. Client must provide accurate vehicle information (e.g., year, make, model, issues) and ensure a safe, accessible Service Location free of obstacles. Client must provide vehicle access at time of technician arrival to avoid additional charges, and an MM-approved work area (e.g., driveway, parking space). All communication, scheduling, work orders, and payments must go through MM; direct contact, work, or payment arrangements with technician(s) are prohibited. Unauthorized work or payments void MM’s 12-month/12,000-mile warranty and insurance, may lead to account forfeiture and technician termination, and Client will be solely responsible for any resulting damages, holding MM harmless. Client agrees to be available or designate an authorized representative to communicate with MM regarding the Services and to approve any additional work or costs beyond the initial work order estimate. Client acknowledges that unauthorized work by non-MM-approved mechanics, including subsequent repairs related to prior MM Services, may void MM’s warranty on those Services, and Client will be solely responsible for any resulting losses or damages, holding MM harmless from any claims arising therefrom.

Payment Terms. Upon completion of Services for the day, MM will issue an invoice for immediate payment, including taxes and fees, to be paid via Zelle (no additional charge) or credit/debit card (additional 3.99% processing fee). Service Estimates are not guaranteed, and additional services or diagnostic fees require Client approval via an updated Service Order. Payments are non-refundable and due upon the issuance of an invoice. Failure to make timely payment may result in late fees or suspension of further Services. Late fees are assessed at nineteen dollars ($19) for payments not received within one (1) hour of invoice issuance, with additional late fees of nineteen dollars ($19) assessed every twenty-four (24) hours thereafter, capped at fourteen (14) days ($266 total). These fees are compensatory in nature and designed to cover actual administrative costs, follow-up expenses, and delayed cash flow impacts, and are not intended as penalties. Unpaid balances, including fees, must be paid before further Services are provided. After fourteen (14) days, MM may refer unpaid balances to a collection agency and/or pursue arbitration (as per “Dispute Resolution” clause), with Client responsible for collection costs and reasonable arbitration fees. MM may revise pricing with notice. Promotions (e.g., promo codes, discounts) may be modified or canceled, have no cash value, may expire, are single-use, non-combinable, and limited to one per order; MM may withhold benefits if used improperly.

Service Location. Client agrees to provide a suitable and authorized location for MM Services (e.g., flat surfaces such as Clients’ driveway, work parking spot or other location where Client has legal authority), and ensure proper access for the technician to complete the work. Client must ensure that neither the Client nor any unauthorized persons enter the work area during Services. MM is not liable for injuries or damages to the Client or third parties (e.g., tripping over tools, slipping in fluids) resulting from entry into the work area. If the technician cannot legally perform the work at the Clients’ suggested location, Client agrees to pay for all completed work or the one (1) hour minimum fee of one-hundred and ninety-nine dollars ($199), whichever is greater. During the performance of Services, incidental damage to Client’s property, including but not limited to oil spills or scratches on a driveway, may occur despite MM’s reasonable efforts to prevent such damage. Client agrees to hold MM, its technicians, agents, and affiliates harmless from any claims, losses, or damages arising from such incidental property damage, provided said damage is not the result of gross negligence or willful misconduct by MM or its technicians.

Limited Liability. MM’s maximum liability for any damages, losses, or claims arising from or relating to Services performed by MM or its authorized contractors shall be limited to the total amount paid by Client for the specific work order, regardless of the theory of liability or whether the claim arises from MM’s direct actions or those of its contractors.

Technician responsibility and insurance: while MM only uses master-level technicians with extensive experience and incidents are virtually non-existent, MM’s technicians are independent contractors who are primarily responsible for damages they cause. MM maintains insurance coverage for its operations. In the event of damage caused by a technician during the performance of Services, claims will be processed through available insurance coverage, with MM’s maximum liability limited to the amount paid by Client for the specific work order. MM shall not be liable for third-party injuries or damages (e.g., tripping over tools, slipping in oil), as Client must ensure the work area remains clear of all persons, including the Client and any third parties. MM shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of vehicle use, profits, or property damage, except in cases of MM’s gross negligence or willful misconduct, even if MM has been advised of the possibility of such damages.

Third-party content: MM’s website may include third-party content or links (e.g., information, logos, brand names); such content does not imply MM’s endorsement or association, and MM is not liable for its accuracy, availability, or use. Client shall evaluate such content and hold MM harmless from liability arising from its use.

Client indemnification: Client shall indemnify, defend, and hold harmless MM, its members, technicians, and affiliates from claims, losses, damages, liabilities, or expenses (including reasonable attorney’s fees) arising from: (i) Client’s misuse of Services, (ii) Client’s violation of this Agreement, (iii) Client’s violation of applicable laws, (iv) Client’s violation of third-party rights (including MM technicians), or (v) Client’s submitted information or content. MM may assume defense of indemnified claims at its expense, and Client shall not settle such claims without MM’s prior written consent.

Personal property: Client is solely responsible for removing personal property from vehicles or Service Locations before Services and holds MM, its technicians, and affiliates harmless from claims related to lost, damaged, or stolen personal property, including alleged theft.

No-guarantee outcomes: Client acknowledges automotive repairs carry inherent risks, and MM does not guarantee outcomes beyond the proper performance of Services in accordance with industry standards. MM is not liable for damages caused by Client’s failure to provide accurate information, vehicle access, or a safe Service Location, or for damages from non-MM mechanic repairs.

Parts and Warranty. Even though MM does not recommend it, Client may provide parts for Services at their sole risk, with MM not liable for their quality, compatibility, or performance, potentially incurring additional labor charges, and MM may refuse unsuitable parts; such parts are not covered by MM’s warranty.

MM warrants that Services are performed professionally, per industry standards, and free from defects in parts or workmanship for twelve (12) months or twelve thousand (12,000) miles from the date and mileage of Service, whichever comes first, except for maintenance services with shorter manufacturer-specified durations (e.g., oil changes at 3 months/3,000 miles), where MM’s warranty follows the manufacturer’s schedule, even if Client opts for upgraded materials (e.g., oil/filter combos) to extend service intervals.

The warranty covers only the specific Service performed (e.g., parts and installation) and excludes unrelated vehicle issues, such as other causes of a vehicle not starting after a battery replacement or new oil leaks from different locations after a leak repair. No warranty is offered on wear-and-tear parts (e.g., brake pads, rotors, tires), though suppliers or manufacturers may provide separate warranties.

This warranty applies exclusively to Services by MM technicians for the original Client at the same Service Location where the original Service was performed and is non-transferable, excludes incidental or consequential damages unless prohibited by law, non-MM mechanic services, pre-existing vehicle conditions not disclosed or addressed in the work order, or issues from improper maintenance or use by Client.

The warranty also excludes damages from abnormal use (e.g., commercial or performance driving), neglect (e.g., failure to follow manufacturer’s maintenance per the owner’s manual), tampering, alterations, or external causes (e.g., accidents, fire, water, freezing), diagnostics or pre-purchase inspection services, Services not paid directly to MM (e.g., payments to technicians), unauthorized work by MM technicians or others, including Client-performed repairs, pre-existing conditions discovered during or after Services (e.g., brittle hoses breaking during valve cover repair), additional repairs beyond the work order without MM’s direct authorization, or consequential effects unrelated to defective parts or workmanship (e.g., transmission failure after fluid change due to prior neglect).

The warranty is void if Client uses parts not ordered through MM, requests services deviating from manufacturer recommendations (e.g., conventional oil when synthetic is specified), or has related issues repaired by non-MM mechanics. MM reserves sole discretion to determine warranty applicability.

Warranty service charges: if a warranty service call reveals no defect in MM’s parts or workmanship, Client will be charged for one (1) hour of labor fees. If warranty work is required and MM determines the issue was caused by Client’s failure to disclose accurate vehicle information or follow post-service instructions provided by MM, Client will be charged for the return visit at standard rates.

Warranty claims process: client must notify MM via email within seven (7) days of discovering a defect in MM’s workmanship or parts. MM will investigate and, if confirmed defective, repair or replace at no cost to Client, based on MM’s inspection or diagnostics. For approved warranty claims, MM will perform repairs using only MM technicians, even if Client is outside MM’s operating area, and will not pay for repairs by other shops or technicians, which voids the warranty; all defective parts to be replaced under this warranty must be returned to MM.

MM will provide documentation to support Client’s manufacturer warranty claims for defective parts, if necessary. Non-MM repairs related to MM’s Services void this warranty. MM’s sole obligation is to repair or replace defective parts or workmanship, and this warranty replaces all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. MM may amend this warranty with reasonable notice to Client (e.g., via email or website/social media posting).

Client Authorization. Client authorizes MM and its technicians to access the Service Location and operate the vehicle as necessary to perform the Services, including test drives or diagnostic procedures. Client represents that the Vehicle is fully insured and they have the legal authority to authorize Services on the vehicle and that the vehicle is in a safe condition for repair work. Client shall disclose any known hazards at the Service Location (e.g., uneven surfaces, aggressive pets, obstacles) that may affect the safety or performance of Services. Failure to disclose known hazards may result in additional charges or service termination, and Client will be responsible for any damages or injuries resulting from undisclosed hazards.

Cancellation. MM will notify Client when the technician is preparing to depart to the Service Location. If the technician cannot perform Services due to Client’s actions or omissions (e.g., cancellation after technician is at or en route to the Service Location, absence, failure to provide accurate information, access to vehicle, or safe Service location), MM may cancel Services and Client will incur a one-hundred and ninety-nine dollar ($199) cancellation fee. This fee is compensatory in nature and designed to cover actual costs such as technician travel time, lost service opportunities, and administrative expenses, and is not intended as a penalty. Client will be invoiced for this fee and payment is due immediately upon receipt.

Client Conduct. Client agrees to maintain a safe and respectful environment for MM technician during the performance of Services. Client shall secure pets, refrain from any harassment, intimidation, or interference with technicians, and ensure that no unauthorized persons are present in the work area. Client agrees to treat technician courteously and professionally, provide a safe working environment compliant with all applicable laws and regulations, and offer reasonable cooperation to enable the technician to complete the Services timely and properly. MM reserves the right to suspend or terminate Services immediately if Client’s conduct creates an unsafe or unprofessional environment, as determined by MM in its sole discretion. If Services are terminated due to Client conduct, Client remains responsible for all fees incurred, including the one-hundred and ninety-nine dollar ($199) minimum fee.

Photo and Video Consent. Client consents to MM and its technicians taking photographs or videos of the vehicle and Service Location for quality control, documentation, and training purposes. MM will protect Client’s sensitive information, such as Client’s address, name, facial likeness, license plate number, and VIN, in accordance with applicable law. Any external use of such content for marketing or public disclosure, unless anonymized to remove identifiable information, requires Client’s express prior written approval. Client grants MM a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, distribute, and otherwise exploit any content provided by Client or captured by MM or its technicians, herein referred to as “Content”, including but not limited to text, photos, videos, audio, or paperwork related to Client’s vehicle or Service Location, in any format or distribution channel, without further notice to or payment to Client, provided such content is anonymized for external use. MM may use any ideas, concepts, know-how, or techniques contained in such Content for any purpose, including developing, manufacturing, or marketing products or services. Client represents and warrants that: (a) Client owns or has all necessary rights, licenses, consents, and releases to grant MM the license to the Content as set forth above; and (b) neither the Content, Client’s provision of it, nor MM’s use as permitted herein will infringe, misappropriate, or violate any third party’s intellectual property, proprietary rights, publicity, or privacy rights, or any applicable law or regulation. MM may, at its sole discretion, review, monitor, or remove Content at any time without notice to Client.

General Provisions. This Agreement is governed by Illinois law, without regard to its conflict of laws principles, and MM complies with applicable federal and state laws. If any provision is deemed unenforceable by an arbitrator or applicable authority, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to comply with applicable law. This Agreement constitutes the entire understanding between the Parties regarding the Services, superseding all prior agreements, whether written or oral, and may only be amended in writing signed by both parties; electronic signatures shall have the same legal effect as handwritten signatures. MM’s failure to enforce any provision does not waive its right to do so later. Client may not assign this Agreement without MM’s prior written consent. Notices required under this Agreement must be in writing and delivered to MM via email at info@MightyMechanic.com or certified mail to Mighty Mechanic, 830 W State Route 22, #16, Lake Zurich, IL 60047. MM shall not be liable for delays or failure to perform Services due to events beyond its reasonable control, including but not limited to severe weather, natural disasters, parts shortages, governmental restrictions, or labor disputes; MM will notify Client promptly of any such delays and work to reschedule Services as soon as practicable.

Privacy. MM collects Client’s personal information, including name, contact details, vehicle information, and Service Location details, solely to provide Services, scheduling, billing, and ensuring quality control. MM protects this information in accordance with applicable federal and state privacy laws, including the Illinois Personal Information Protection Act. A copy of the MM Privacy Policy can be requested by email at info@MightyMechanic.com, attn: Privacy Policy. Client consents to receive communications from MM or its representatives via calls, text messages, and/or emails to the Client-provided contact information. Client may opt out of text messages by replying “STOP” to any text message; standard message and data rates may apply. MM will not share Client’s personal information except as necessary for Services (e.g., with payment processors or parts suppliers) or as required by law. Client may access or correct their personal information by contacting MM via email at info@MightyMechanic.com, attn.: Correct Personal Info. MM retains Client’s information only as long as necessary to fulfill this Agreement’s purposes or as required by law.

Dispute Resolution. Any disputes arising under this Agreement shall be resolved through good-faith negotiation. If negotiation fails, the Parties agree to submit the dispute to binding arbitration administered by an arbitration company selected by MM (e.g., JAMS, AAA) under its consumer arbitration rules.

Arbitration Venue and Law: For California residents or claims arising in California: arbitration shall be conducted in California under California law as required by California Civil Code Section 1799.208.

For all other jurisdictions: arbitration shall be conducted in Lake County, Illinois, under Illinois law, except where state law requires arbitration to be conducted in the consumer’s home state, in which case arbitration shall be conducted in that state under applicable state law.

Arbitration Costs: MM shall pay arbitration filing fees exceeding two-hundred and fifty dollars ($250); all other costs shall be shared equally between MM and Client, except where state law requires otherwise.

Limitations: Client waives any right to participate in class action lawsuits and agrees to individual arbitration only, except where such waiver is prohibited by state law. If this class action waiver is found unenforceable in any jurisdiction, it shall be severed from this arbitration provision and the remainder of the arbitration agreement shall remain in full force and effect, including the requirement for individual arbitration of all non-class claims. Client waives any right to jury trial except where such waiver is prohibited by state law. The arbitration proceedings shall be confidential. The arbitrator’s decision shall be final and binding, subject only to limited statutory grounds for appeal as provided by applicable law.

Exceptions: This arbitration clause does not apply to: (a) claims for sexual assault or sexual harassment as prohibited by the federal Ending Forced Arbitration Act; (b) small claims court matters within jurisdictional limits; or (c) disputes where state law specifically prohibits mandatory arbitration for consumer contracts.

Severability: If any provision of this arbitration clause is deemed unenforceable, the remainder shall remain in effect, and no statutory rights are waived by this clause.

Governing Law: This Agreement shall be governed by Illinois law, excluding conflict of law principles, except where state law requires application of the consumer’s home state law or where federal law preempts state law.

Acknowledgment. By signing an MM Service Order form, Client acknowledges that they had the opportunity to review this Agreement, and unconditionally agree to be bound by all terms, conditions, and obligations set forth herein. In the event Client is a legal entity, the person signing the Service Order form represents and warrants that they possess full legal authority to execute the Service Order and bind the Client to all terms, conditions, and obligations herein. Client further acknowledges that they have had the opportunity to seek independent legal counsel prior to agreeing to the terms of this Agreement and have either availed themselves of such opportunity or knowingly waived the same.