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Exodus Performance Liability Waiver 

Exodus Performance Liability Waiver


I am aware of the potential consequences and risks of having my vehicle inspected, tuned, Dyno tested, road/street tested, and/or modified (collectively, “Services”). I acknowledge that these Services are inherently risky and may result in mechanical failure, property damage, personal injury, or death. I voluntarily choose to proceed and I take 100% responsibility for all consequences and outcomes (whether expected or unexpected). Timothy E. Moore and Exodus Performance LLC, including its owners, agents, employees, contractors, and representatives (hereafter “EXODUS PERFORMANCE”) will take no responsibility, financial or legal, for any undesirable results or consequences incurred from or related to the Services, the vehicle’s modified condition, or the vehicle’s operation after Services are performed, to the fullest extent permitted by law.


I attest that I am modifying my vehicle with the intention of using it for Racing Competition / Off-Road Use Only, unless I have specifically requested in writing and EXODUS PERFORMANCE has specifically agreed in writing to a road-legal configuration. I understand that the vehicle modification and/or tuning may not comply with Federal, State, and/or Local laws, ordinances, or regulations for road use. I take full responsibility to ensure that any modifications done to my vehicle conform to all applicable laws and regulations for road use, especially pertaining to safety and emissions. I acknowledge that the federal Clean Air Act contains “tampering” and “defeat device” prohibitions. Specifically, Clean Air Act § 203(a)(3), 42 U.S.C. § 7522(a)(3), generally prohibits (A) removing or rendering inoperative emissions-control devices/elements of design, and (B) manufacturing, selling, offering for sale, or installing parts where a principal effect is to bypass, defeat, or render inoperative emissions controls. I absolve EXODUS PERFORMANCE from any duty or responsibility to determine whether my vehicle, any part, or any requested modification/tune is legal for street use in any jurisdiction. I accept full responsibility for any citations, fines, penalties, inspection failures, impound/tow, warranty denials, or other consequences arising from my vehicle’s configuration or use, and I agree that I will not operate the vehicle on public roads in any non-compliant configuration.


Vehicles may undergo a brief pre-service inspection, but I agree that the vehicle is otherwise ready to be tuned/modified and is in suitable condition for the requested Services. I am responsible for all maintenance and repairs on the vehicle. I understand that any inspection performed is limited and is not a comprehensive inspection and does not guarantee the vehicle is safe, roadworthy, or free of defects. Any time spent on diagnostics, troubleshooting, repairs, correcting prior work/modifications, addressing unsafe conditions, and/or making the vehicle appropriately compatible to complete the service may be subject to additional fees billed at EXODUS PERFORMANCE’s applicable rates and in EXODUS PERFORMANCE’s reasonable discretion. If the tuning or other service cannot be completed due to mechanical condition, safety concerns, or part compatibility issues, the tuning/service may be halted. I agree that I remain responsible for all labor/time and parts incurred up to the stop point, and any refund/credit (if any) is at the discretion of EXODUS PERFORMANCE unless otherwise required by law. Furthermore, I agree to pay EXODUS PERFORMANCE the full amount quoted and/or billed when service is rendered and/or upon notification that the vehicle is ready for pickup.


Any damage to the vehicle or the vehicle’s transmission, transfer assembly, engine, driveline, tires, clutch, brakes, fuel system, electronics, and/or any other components is my responsibility as the vehicle owner, whether such damage occurs before, during, or after Services are performed. I understand that tuning and vehicle modification are a test of the mechanical limits of my vehicle and can cause failure to components. Any voiding of manufacturer and/or third-party warranties that may occur from having the vehicle tuned or modified is in no way the fault of EXODUS PERFORMANCE. I understand EXODUS PERFORMANCE makes no guarantees regarding horsepower/torque gains, drivability, emissions compliance, fuel economy, reliability, longevity, readiness monitors, or that the vehicle will pass any inspection/testing program.


I authorize EXODUS PERFORMANCE, its owners, agents, and employees to start, operate, move, Dyno test, and (if necessary) road/street test my vehicle as reasonably necessary to perform the requested Services. I understand there are potential risks and dangers involved with Dyno or street testing/tuning, as well as other vehicle modification. Due to the inherent dangers surrounding the operation of the dynamometer (Dyno) and vehicle testing, there is serious risk of personal injury. Understanding this risk, I agree to assume all liability for accidental injury, bodily harm, or death to myself and others (including passengers, bystanders, and third parties) arising out of or related to the Services and/or the vehicle’s operation.


To the fullest extent permitted by law, I waive, release, and forever discharge EXODUS PERFORMANCE from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses of any kind (whether known or unknown) arising out of or related to the Services, Dyno operation, road/street testing, parts installation/removal, advice/recommendations, or the condition/performance of my vehicle after Services are performed, INCLUDING CLAIMS ALLEGING NEGLIGENCE BY EXODUS PERFORMANCE, except to the extent such release is prohibited by law (such as for gross negligence or willful misconduct). I agree not to sue or bring any claim against EXODUS PERFORMANCE for matters released under this waiver. This waiver is binding upon my heirs, assigns, insurers, and personal representatives.


I agree to indemnify, defend, and hold harmless EXODUS PERFORMANCE from and against any and all claims, losses, damages, liabilities, penalties, fines, citations, costs, and attorney fees arising out of or related to: (a) my vehicle’s condition or undisclosed defects/modifications; (b) my use or operation of the vehicle after Services; (c) any alleged violation of emissions, safety, or other laws/regulations relating to my vehicle’s configuration; and/or (d) any third-party claim relating to the vehicle, its configuration, or its operation, except to the extent caused by EXODUS PERFORMANCE’s gross negligence or willful misconduct where such exception is required by law.


Personal Property: I am responsible for removing all personal property from the vehicle prior to service. EXODUS PERFORMANCE is not responsible for loss or damage to personal property left in or on the vehicle.


All Sales Are Final


All sales, including tuning services, Dyno time, diagnostics, and other Services, are final. Once a service has been rendered, it cannot be returned or exchanged, and refunds are not provided except as required by law. Parts are non-refundable once ordered and/or once shipped/received, except as required by law or applicable manufacturer warranty. Customers are encouraged to review all requested Services and parts orders carefully before purchase.


Parts Paid For But Not Installed or Picked Up (Abandoned / Unclaimed Parts)


If I pay for parts through EXODUS PERFORMANCE and those parts are not installed during the same visit, I agree to schedule installation or pick up the parts within thirty (30) days after EXODUS PERFORMANCE notifies me that the parts are available (notice may be by phone, text, and/or email). After thirty (30) days, EXODUS PERFORMANCE may charge reasonable storage/handling fees to the extent permitted by law. If I fail to schedule installation or pick up the parts within ninety (90) days after notice that the parts are available, I agree the parts are deemed abandoned and, to the fullest extent permitted by law, become the property of Exodus Performance LLC. EXODUS PERFORMANCE may keep, dispose of, recycle, or sell abandoned parts and may apply any proceeds to unpaid balances, storage, and handling costs.


Severability: If any portion of this waiver is found invalid or unenforceable, the remaining portions shall remain in full force and effect. This waiver is intended to be as broad and inclusive as permitted by law.


By signing electronically, I confirm that I have read and understood the above liability waiver and agree to its terms.



First  Name
First Name*
Last Name*
First  Age Acknowledgment*
First  Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First  Signature*
Second Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Third Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Fourth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Fifth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Sixth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Seventh Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Eighth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Ninth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Tenth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Phone Number
Parent or Guardian's Email Address
Email*
Confirm Email*
What Type of Vehicle (Year Make and Model) and what is currently done to it?
Year Make and Model *

Describe what is currently done to the vehicle. *
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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