The SpotClub® Program Terms and Conditions

 Effective Date: January 22, 2026.


NOTICE OF ALTERNATIVE DISPUTE RESOLUTION: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THE PARKING SPOT CAN BE BROUGHT UNLESS YOU OPT OUT AS SET FORTH BELOW (SEE PARAGRAPH 20 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST THE PARKING SPOT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.


Thank you for your interest in theSpotClub® program for The Parking Spot’s (defined below) General members, Gold, and Platinum members ("theSpotClub® Program" or the "Program"). theSpotClub® Program is a customer loyalty program offered by TPS Parking Management, LLC, a Delaware limited liability company d/b/a The Parking Spot ("The Parking Spot," " we" or "us"), whereby qualifying theSpotClub® customers can use certain available member level-based discounts for parking and car care services at The Parking Spot facilities, earn and use Program points (" Points") and earn Elite Benefits (defined below) and other Program benefits in accordance with the terms and conditions set forth below. The following terms and conditions (the "Program Terms and Conditions") are in addition to our general Terms and Condition (defined below) govern your participation in the Program. By setting up a theSpotClub® account ("Account"), signing in to your Account, making a reservation on this website (the "Website") or any of our mobile applications (the "App(s)"), when signed in to your Account, or otherwise using your Program benefits, you acknowledge that you have read, understood, and agree to be bound by these Program Terms and Conditions as well as our general Terms and Conditions located at https://www.theparkingspot.com/terms-and-conditions (the "General Terms and Conditions"), and that you agree to comply with all applicable laws and regulations with respect to theSpotClub ® Program. The Parking Spot has parking relationships with third-party airport parking facilities that are not owned or operated by The Parking Spot (“Partner Location(s)”). The Parking Spot services only as a booking platform for these Partner Locations. Reservations booked at Partner Locations are not eligible to receive Program benefits.


IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS, DO NOT SET UP AN ACCOUNT, SIGN IN TO YOUR ACCOUNT, MAKE A RESERVATION ON THE WEBSITE, APP OR RELATED DIGITAL TECHNOLOGY WHEN SIGNED INTO YOUR ACCOUNT, OR OTHERWISE PARTICIPATE IN THE PROGRAM. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS WHEN YOU SET UP AN ACCOUNT, ANY PROGRAM BENEFITS THAT HAVE ACCUMULATED BASED ON YOUR MEMBERSHIP IN AN APPLICABLE THESPOTCLUB PROGRAM WILL NOT BE CREDITED TO YOUR ACCOUNT, AND YOU WILL NOT BE ABLE TO USE SUCH PROGRAM BENEFITS.


1. Changes to or Cancellation of theSpotClub ® Program.


Participation in theSpotClub® Program is only available to users eighteen (18) years of age or older. By registering an Account (defined below) you certify that you are at least 18 years of age. Please carefully read the Program Terms and Conditions before attempting to participate in theSpotClub® Program. Membership in the Program may be prohibited or restricted in some countries. Nothing in the Program Terms and Conditions should be read to override or circumvent any such foreign laws.

If you create a Program account (“Account”), sign in to your Account, use our Website, App or related digital technologies, you will be prompted to provide the username and password used in conjunction with your Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and Account, whether by you or others. You agree to (a) keep your password confidential and not share it with anyone else; and (b) immediately notify The Parking Spot of any unauthorized use of your password or Account or any other breach of security. The Parking Spot cannot and will not be liable for any loss or damage arising from your failure to comply with the Program Terms and Conditions.


The Parking Spot reserves the right to change or cancel theSpotClub® Program, in whole or in part, at any time in our sole discretion, without notice or liability, even though such changes may, for example, affect the value, availability, use or redemption of Points, Elite Benefits, or other Program benefits already accumulated. Such changes or cancellation will be effective when posted on the Website, App or related digital technologies. Such changes may include, without limitation, changes in the terms and conditions for: the accrual of Points, Elite Benefits, discounts, or other Program benefits; the redemption of Points, discounts or other Program benefits; discounts; and/or other aspects of the Program Terms and Conditions. Members, in accumulating Points, and/or other Program benefits, may not rely on the continued availability of such Points, Elite Benefits, or other Program benefits. 

Please review the Program Terms and Conditions periodically to ensure that you are aware of any changes and are familiar with the current version. Changes to the Program Terms and Conditions apply to all Program member levels (General members, Gold, and Platinum) subsequent transactions and participation in the Program. For clarity, any change to or cancellation of these Program Terms and Conditions will apply to all persons who have created an Account ("Members"), even those who enrolled or participated in the Program before The Parking Spot made such a change or cancellation. If you do not agree to the updated Program Terms and Conditions, you must close your Account and must cease participation in the Program. Your continued participation in the Program constitutes your agreement to the updated Program Terms and Conditions. 


2. Eligibility for Membership in theSpotClub ® Program. 


To have Points credited to your Account and to be eligible to redeem or have access to Points, discounts or other Program benefits, a Member first must be an active participant in the applicable theSpotClub Program. Membership in the Program may be prohibited or restricted in some countries. Nothing in these Program Terms and Conditions shall be read to override or circumvent such foreign laws, or any other federal, state, or local ordinance.


3. Registration for theSpotClub ®.


Members can register on the Website, Apps or related technologies. If you are a member of theSpotClub® Program, have set up an Account, and make a reservation when signed in to your Account on the Website, App or related technologies, you can complete your reservation without paying The Parking Spot a reservation fee (the “Reservation Fee”). General and Gold members will pay the Reservation Fee made at Park N Fly by the Parking Spot (MSP, MIA, OAK and SFO). The Reservation Fee for Platinum members will be waived for all locations, except Partner Locations. All other members will pay a Reservation Fee (defined in this T&Cs) for parking spaces at Partner locations. For clarification, Partner Locations are separate and distinct from partnerships with other companies.

To register for the Program, you must provide certain information, including without limitation your first and last name, mailing address, telephone number, and a valid email address. An Account is created as a part of that registration process. By setting up an the SpotClub Account on the Website, App or related digital technologies you become a Member and acknowledge that you have read, understood and agree to be bound by these Program Terms and Conditions and The Parking Spot Terms and Conditions for Website Use.  

Each Member is responsible for remaining knowledgeable about their Account information, including, but not limited to, accumulated Points, redeemed Points, discounts and other Program benefits and eligibility, and the Program Terms and Conditions. You can find your Account information by signing or logging in to your Account on the App or Website at https://www.theparkingspot.com/.  

 

4. Parking Categories.


The Parking Spot parking categories are defined as follows:

 

  1. “Premium” parking includes:
    • Priority Service 
    • Exclusive discounts and deals
    • For certain parking promotions, bonus Spot Club points may be awarded to those members who purchase Premium parking where available. 
  2. “Standard” parking includes:
    • Shuttle pick up and drop off at vehicle
    • Earn & Redeem Spot Club Points
    • Discounts and deals can be applied
  3. “Basic” parking includes: 
    • Shuttle drop off and pick up at waiting area (short walk required)
    • Cannot earn or redeem Spot Club points

Discounts cannot be applied

    • pay now/no cancellations is the only payment option. Pay later not offered for Basic.


5. Accumulation of theSpotClub ® Program Points. 


All Members will accumulate Points each time they make and complete a parking reservation, pay for parking at a The Parking Spot facility, or present a valid theSpotClub® QR Code (made available on the Website, App or related digital technologies) at the time of payment. All Members will be eligible to receive the General member benefits posted here: https://www.theparkingspot.com/spot-club.  However, Points will not be available for redemption, and you will not be eligible for other Program benefits unless and until you have set up an Account and obtained a Spot Club QR code. Basic parking types will not be eligible to receive any Spot Club benefits, including, without limitation, point awards, redemption, or elite status eligibility benefits.  

As of February 3, 2020, General and Elite Benefits members will receive four (4) Points for every dollar spent on parking services ("Parking Dollars") at The Parking Spot facilities, excluding all amounts paid for taxes or government or airport fees, car-care services and any other fees not directly attributable to parking services. For purposes of earning Points, all Parking Dollars spent will be rounded to the nearest dollar. Parking Dollars shall not include the value of parking services paid by Program points or dollars spent on any cancelled, refunded, unused or fraudulent reservations, purchases or activities (as determined by The Parking Spot in its sole discretion). 

The Parking Spot also may, in its sole discretion, from time to time, offer Members the opportunity to earn additional Points or other benefits through our own special offers and/or offers we may provide in connection with other providers of goods or services with whom we work or have agreements with participating businesses (“Partners”). These offers may be temporary in nature. The Parking Spot reserves the right to modify or eliminate such offers at any time. These offers are void where prohibited by law. The number of Points offered under such programs and special offers is subject to the sole discretion of The Parking Spot and/or its Partners. 

We also reserve the right to make Bonus Points and promotional offers by The Parking Spot or its Partners selectively available to certain Members at any time based on parking activity, geographic location, Program participation, or any other factors determined in our sole discretion.

There may be some delay between eligible transactions completed using your registered theSpotClub Program and the posting of Points to your Account. If any Points which you believe you have accumulated as provided herein are not credited to your Account and to request that such Points be credited, log in to your Account, then click on Account Settings. On the left side of your screen, select Missing Credits. Enter your Sequence Number (as referenced on your receipt) in the text box that appears below the ticket graphic, entering only the digits that are highlighted in the graphic. Additional information and documentation may be requested to verify your request. Retroactive discounts will not be given.

The activities and transactions eligible for earning Points and other Program benefits and/or the amount of Points or other Program benefits that can be earned are subject to change at any time by The Parking Spot in its sole discretion, without notice or liability. 


Program Redemption:

Program Points can only be redeemed at the time a parking reservation is made. Points cannot be redeemed for Basic parking. 


6. Elite Benefits.


Beginning on February 3, 2020, in addition to earning Points and enjoying other Program benefits that may be available to all Members, certain premium services, discounts and other Program benefits may be available to Members who qualify for Program elite benefits ("Elite Benefits").

Elite Benefits members will earn bonus points per parking dollar spent (“Bonus Point(s)”). Gold members will earn one Bonus Point per each parking dollar, which are redeemable towards free parking but not for the purposes of qualifying for Elite benefits. Platinum member will earn two Bonus Points per Parking Dollar (defined below), which are redeemable towards free parking but not for the purposes of qualifying for Elite benefits. 


  • Gold Benefits : Members with registered Accounts who during a calendar year (each, a "Program Year") (i) park at The Parking Spot facilities at least fifteen (15) days, and (ii) accumulate 800 Points through parking services purchases (excluding Bonus Points or other Points deposited in Members’ Accounts as part of any special offer, promotion or as a bonus, and days paid for with redeemed Points) will be considered Gold Program Members for that Program Year, and during such Program Year will be eligible to receive:


            o          Earn one bonus point per paid parking.

 

o          One (1) free day of parking earned on their Program enrollment anniversary date. 


o          A discount on the advertised rate for car care services at The Parking Spot facilities where those services are offered and available. The discount amount will be determined in The Parking Spot’s sole discretion from time to time and will be published on www.theparkingspot.com/spot-club . Car care services must be prepaid through a reservation made while the Member is logged in to their Account to be eligible for the discount applicable at the time the reservation is made and are available only once per Program Year.


o          The ability to redeem Points for one (1) free basic carwash at The Parking Spot facilities, where such services are offered and available.


  •  Platinum Benefits : Members with registered Accounts who within a Program Year (i) park at The Parking Spot facilities at least forty (40) days ,and (ii) accumulate 3,700 Points through parking services purchases (excluding Bonus Points or other Points deposited in Members’ Accounts as part of any special offer, promotion or as a bonus, and days paid for with redeemed Points) will be Platinum Program Members for that Program Year, and during such Program Year will be eligible to receive:

          

o          Earn two Bonus Points per Parking Dollar.


o          One (1) free day of parking earned on their Program enrollment anniversary date.


o        A discount on the advertised rate for car care services at The Parking Spot facilities where those services are offered and available. The discount amount will be determined in The Parking Spot’s sole discretion from time to time and will be published on www.theparkingspot.com/spot-club . Car care services must be prepaid through a reservation made while the Member is logged in to their Account to be eligible for the discount applicable at the time the reservation is made and are available only once per Program Year.


o          The ability to redeem Points for one (1) free basic carwash at The Parking Spot facilities, where such services are offered and available.


o         Access to Premium parking areas at The Parking Spot facilities where such Premium parking is offered and available. Platinum Members who purchase Premium parking are eligible to receive Bonus Points in accordance with the applicable rewards schedule. No Bonus Points will be awarded when a Platinum Member is assigned or upgraded to Premium Parking without purchase, including complimentary, promotional, or operational upgrades. These bonus points, however, will not be redeemable to qualify for elite status


o          Guaranteed space at any Facility for parking, without a reservation. Not all service levels may be available, and additional charges may apply. 


o        A summary of the foregoing Elite Benefits that qualifying Members will be eligible to earn as of February 3, 2020, is available in table form at https://www.theparkingspot.com/spot-club. Please note that any or all the Program and Elite Benefits may be changed, suspended or terminated by The Parking Spot in whole or in part at any time in its sole discretion, without notice or liability. 


7. The Parking Spot Corporate Discounts.


Companies regularly negotiate corporate discounts with The Parking Spot for use by their employees ("Participating Company(ies)"). If your current employer is a Participating Company, you may be eligible for a specific discount that has been negotiated in advance by your Participating Company. To qualify to use that discount at one of our parking facilities, at the time of service you must sign into your account and make a reservation, or present to The Parking Spot personnel your The Parking Spot QR Code and any other documentation required by The Parking Spot in its sole discretion. The Parking Spot QR code can be used only by an individual who is current employee of a Participating Company and may not be used by the employee's friends or family members. You must cease use of The Parking Spot QR Code once you are no longer an employee of a Participating Company.


8. Reservations.


You may make a reservation on the Website, App or related digital technologies to self park at The Parking Spot’s parking facility which you designate when making such reservation (the "Facility"), or to bring your vehicle to a Facility to valet park your vehicle in the location selected by The Parking Spot at the Facility.  All reservations are subject to the Reservation Fee indicated on the Website or App at the time the reservation is made. Reservations made on a “Pay Now” basis are subject to additional terms available at www.theparkingspot.com/reservation-policy. 


9. Linking a Member Program to a Credit Card. 

If you have completed the process described on the Website, App or related digital technology to link your membership Program to the particular credit card or cards in your name which you designated when performing such linking process (the “Designated Credit Card(s)”), then you shall be deemed to have authorized The Parking Spot to create an account in your name that will be associated with your membership number and with the Designated Credit Card. You further authorize and direct The Parking Spot to process a charge to the Designated Credit Card upon your presentation of such Designated Credit Cards, in an amount then due to The Parking Spot as fees, taxes or miscellaneous charges. You represent to The Parking Spot that you are the holder of the Designated Credit Card and that you are authorized to use the Designated Credit Card. All charges to your Designated Credit Card arising from the presentation will appear on your regular bill from the issuer of the Designated Credit Card. You acknowledge you are responsible for all charges incurred on the Designated Credit Card at The Parking Spot facilities, whether by presentation of the Designated Credit Card. 


10. No Transferability of Program Benefits. 


Program Points and all other benefits are not transferable.


11. Expiration of Points. 


Points accumulated under theSpotClub Program will expire, without notice, eighteen (18) months after the latest Activity. "Activity" means any addition or removal of Points from your account. If you have more than one Program registration and believe that you may be accruing Points on more than one of those registrations, please contact us by email at [email protected] so that the Points being accumulated under multiple registrations can be merged into one Account. You may be required to provide additional information and documentation, as required by The Parking Spot in its sole discretion, to verify and process your request.

If a Member closes their Account, or requests that we delete his or her required Account information from our systems (e.g. name, mailing address, email address or telephone number(s)), the Account and all Points in that Account will be terminated without further notice, and/or will immediately expire and be void. If you are expelled from the Program pursuant to Paragraph 12 below, we have the right to cancel some or all the Points you have accumulated in our sole discretion.


12. Use of Other Promotions. 


Program benefits expire when a Member closes their Account or otherwise requests that we delete their required Account information from our systems (e.g. name, mailing address, email address or telephone number(s)), in which case any previously issued and unused program benefits will immediately expire and be void. No additional coupons or discounts may be combined or used with any other program benefits unless allowed by the Facility at which you are redeeming program benefits, as determined in its sole discretion. 


13. Expulsion from the Program. 


Members may be expelled from theSpotClub® Program for any violation of the Program Terms and Conditions, as determined in our sole discretion, including but not limited to the following:


A. attempting to print or otherwise generate and redeem any unearned program benefits.


B. bartering or selling a program benefit other than as may be expressly authorized and/or sponsored by The Parking Spot.


C. breaching the terms and conditions applicable to one of our parking facilities.


D. circumventing or gaming our revenue control systems, or otherwise engaging in fraud, abuse, misrepresentation, illegal activity, or other improper conduct; or


E. engaging in behavior that is offensive either to our employees or other guests at our parking facilities.


14. Trademarks. 


All trademarks, service marks and trade names used by The Parking Spot on the Website, the Apps, in connection with theSpotClub® Program, or otherwise are proprietary to The Parking Spot or their respective owners that have granted The Parking Spot the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws. No user of the Website or App or participant in the Program is granted any rights in or to such trademarks, service marks or trade names, and all rights in and to such marks and designations are reserved by The Parking Spot and/or their respective owners. The Parking Spot's trademarks, service marks and trade names used in connection with theSpotClub® Program include, without limitation, the following: The Parking Spot™, theParkingSpot®, The Spot ClubTM, theSpotClub®, We Have Airport Parking Covered®, Soft Hands Car Care®, Spot®, Park N Fly by The Parking Spot, the spotted design on The Parking Spot’s shuttle buses, and the other logos of The Parking Spot.


15. Special Offers and/or Programs with Partners. 


All special offers involving Points, Elite Benefits and/or TheSpotClub® Program are subject to these Program Terms and Conditions. In addition to these Program Terms and Conditions, we and/or our Partners may have special terms and conditions that provide additional rules for earning, transferring, accumulating, and redeeming Points under our Program or points (or other discounts, values, benefits, etc.) under our Partners’ respective programs in connection with special offers and/or programs with our Partners. Unless otherwise expressly provided, in the event of a conflict between these Program Terms and Conditions and any of our Partners’ terms and conditions, these Program Terms and Conditions shall apply with respect to the Program. Partners are independent entities and are not agents, employees, or subcontractors of The Parking Spot, and The Parking Spot is not responsible for their acts or omissions (including, without limitation, their solicitation efforts or their award or transfer of points or other benefits under their respective programs) or any products or services supplied by them (including, without limitation, the nature or quality of their products, services or programs).


16. Additional Program Terms.


We reserve the right to provide additional operating rules or terms that may govern your participation in the Program or certain aspects thereof, including without limitation those relating to the accrual, redemption, or expiration of Points, Elite Benefits, or other Program benefits (“Additional Program Terms”). Any Additional Program Terms are hereby incorporated by reference into these Program Terms and Conditions. To the extent any Additional Program Terms conflict with these Program Terms and Conditions, the Additional Program Terms will control.


17. Privacy. 


For information about how we collect and use personally identifiable information that you may provide us when joining the Program, setting up an Account, or otherwise participating as a Member in the Program, please review our Privacy Policy by visiting https://www.theparkingspot.com/privacy-policy or by clicking the “Privacy Policy” link at the bottom of the page of our Website.


18. Disclaimer of Liability.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND RELATED DIGITAL TECHNOLOGIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE PARKING SPOT MAKES NO WARRANTY OF ANY KIND RELATED TO THE PROGRAM AND/OR ANY PARTNER PROGRAMS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY) AND/OR ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OF TRADE.


19. Limitation of Liability.


TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PARKING SPOT NOR ITS PARENT, SUBSIDIARIES, RELATED COMPANIES OR CONTROLLED AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS OR DISTRIBUTION PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) SHALL BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE COMPANY ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE PROGRAM OR ANY PARTNER PROGRAMS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA WHEN USING THE WEBSITE, APP, OR RELATED DIGITAL TECHNOLOGIES; OR (c) ANY OTHER MATTER RELATING TO THE PROGRAM, PARTNER PROGRAMS, OR THE PROGRAM TERMS AND CONDITIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY SELF PARKING OR ON-AIRPORT VALET RESERVATION. IF YOU ARE DISSATISFIED WITH ANY OF THE PROGRAM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CLOSE YOUR ACCOUNT AND DISCONTINUE PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


20. Parking Facilities Waiver. 


BY PARKING IN OUR PARKING FACILITIES YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK OF LOSS OR DAMAGE TO PROPERTY, INCLUDING, AUTOMOBILES OR CONTENTS, BY REASON OF FIRE, THEFT, COLLISION OR ANY OTHER CAUSE, AND ALL RISK OF PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, ATTRIBUTABLE TO ANY CAUSE. YOU RELEASE, DISCHARGE AND HOLD HARMLESS TPS AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS OR CAUSES OF ACTION (KNOWN OR UNKNOWN) ARISING OUT OF ANY SUCH LOSS, DAMAGE OR INJURY, OR NEGLIGENT ACT COMMITTED BY OR ON BEHALF OF TPS IN CONNECTION WITH THE OPERATION OR USE OF THE SITE, OUR PARKING SERVICES, OR THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE WAIVERS AND RELEASES IN THESE TERMS AND FULLY UNDERSTAND THAT THEY ARE A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST TPS OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


21. Arbitration and Dispute Resolution Agreement.


PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 


A. Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your participation in the Program. Most concerns may be quickly resolved in this manner. Except for intellectual property claims and small claims court claims (see Paragraphs 21(D) and 21(E) below), we and you (each a “party” and together, the “parties” for the purposes of this Paragraph 21) shall attempt to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Notices of Dispute must: (1) include the full name and contact information of the complaining party; (2) describe the nature and basis of the claim or dispute; and (3) set forth the specific relief sought (“Demand”). We will send our Notice of Dispute to the email address you provided to us when you registered your Account. You will send your Notice of Dispute to: The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department.


B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 21(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach) and/or your participation in the Program shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act shall govern the interpretation and enforcement of this agreement. 


THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY FOR ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.


THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.


C. Class Action and Class Arbitration Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. 

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 21(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Mass Arbitrations. Mass arbitrations, as defined by the AAA, shall be governed by the AAA Mass Arbitration Supplementary Rules. The parties agree that the global mediation required by these rules shall occur during the initiation phase of the mass arbitration (prior to the appointment of merits arbitrators), and the global mediation shall act as a stay of the mass arbitration until the mediation is concluded.    

 

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batched Arbitration process (“Administrative Arbitrator”). To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth any procedures that are necessary to resolve dispute promptly. The Administrative Arbitrator fees shall be paid in two equal parts by the parties. 

 

The parties agree to cooperate in good faith with the AAA to implement the Batched Arbitration approach including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitrations proceedings. This Batched Arbitration provision shall not be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 


D. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 21(A) and 21(B) above before seeking relief in any court of competent jurisdiction for disputes or claims arising out of such alleged infringements.


E. Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 20(A) and 20(B) above before seeking relief in small court claims for disputes or claims within the scope of that court’s jurisdiction.


F. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 21(B), 21(C), 20(D) and 21(E) by sending written notice of your decision to opt-out to the following address: The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department.

The notice must be sent within thirty (30) days after the first of the following to occur after the Effective Date: (i) you set up a new Account, (ii) you sign in to your existing Account, (iii) you make a reservation on the Website or applicable App when signed in to your Account, or (iii) otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.


G. Exclusive Venue for Litigation; JURY TRIAL WAIVER. To the extent that the arbitration provisions set forth in Paragraph 21(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Illinois, Cook County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Illinois, Cook County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 21(B) do not apply, these Program Terms and Conditions shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. You further agree to accept service of process by mail and hereby waive all jurisdictional and venue defenses otherwise available.


THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 20(B) ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.


H. Modifications. Any modification to Paragraph 21 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification. Notwithstanding any provision in this Paragraph 21 to the contrary, if we make any future change to this Paragraph 21 (other than a change to the email address in Paragraph 21(A) to which you should send us notice of any dispute), you may reject any such change by sending us written notice within thirty (30) days after the change to The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department. By rejecting any change(s), you agree that you will arbitrate any dispute between us in accordance with the language of this provision (unless you timely opted-out of the arbitration provisions pursuant to Subsection F above).


22. Consent to Cross-Border Data Transfers.


For users located outside the United States, you acknowledge and agree that your personal information may at times be accessible by our service providers who are located worldwide including in countries that the European Commission or other geopolitical regulatory bodies have determined do not provide the same level of data protection as in your country, province, territory or geopolitical region. By providing us with your personal data, you are explicitly consenting to our use of your personal information in accordance with our privacy policy, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

You further acknowledge that the United States may not have data privacy laws that are deemed to afford an equal level of protection for your personal information such as those laws legislated at the direction of the European Union or similar geopolitical, national or regional legislative bodies. However, please be assured that we will adhere to the principles stated in our privacy policy and will make reasonable efforts to comply with applicable international, national, regional, territorial, and provincial laws in connection with any information collected using our services.


23. Mobile Services and In-App Notifications.


Our services may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive information and reply to messages via in-app push notifications, and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access our services from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by in-app push notifications, SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.

You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.


24. Miscellaneous. 


The Parking Spot has the sole right to interpret and apply the Program Terms and Conditions. Points, Elite Benefits and other Program benefits have no cash value and may not be redeemed for cash. Points, Elite Benefits and other Program benefits are non-transferable and may not be shared among Members, their estates, successors or assigns. In addition, accumulated Points, discounts, and Elite Benefits do not constitute property of Member and are non-transferable, including without limitation upon the death of a Member or as a part of any domestic relations matter. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Program Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereof. Our electronically or otherwise properly stored copy of these Program Terms and Conditions will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Program Terms and Conditions in connection with any action or proceeding arising out of or relating to these Program Terms and Conditions. Our waiver of any violation of these Program Terms and Conditions will not be a waiver of any preceding or subsequent violation hereof. These Program Terms and Conditions constitute the entire understanding with respect to the subject matter hereof, and shall supersede all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.


25. Questions


Please contact us with any questions regarding theSpotClub® Program or the Program Terms and Conditions by email at [email protected] .


Effective Date: January 22, 2026.