SERVICE AUTHORIZATION & LIABILITY WAIVER Please read every section before signing. This agreement affects your legal rights, including claims alleging ordinary negligence.
1. OWNER AUTHORITY & APPROVED WORK I am at least 18 years old and own the vehicle identified below or have its owner's authority to approve these services and this agreement. “EXODUS PERFORMANCE” means Exodus Performance LLC, Timothy E. Moore, and its owners, employees, agents, contractors, and representatives. “Services” includes authorized inspection, diagnosis, tuning, calibration, dynamometer testing, road testing, parts installation/removal, and modification. This waiver supplements my approved estimate or work order. I authorize only the work and charges separately approved by me, including documented electronic approval. Additional work or charges beyond that authorization require my approval. I authorize necessary access to the vehicle's computers and calibration as part of approved Services.
2. VEHICLE READINESS — READY TO TUNE For a tuning appointment, I represent that I am presenting a fully assembled, mechanically sound vehicle that is ready for the requested tuning and testing, except for specific diagnostic or repair work separately disclosed and accepted by EXODUS PERFORMANCE in writing before the appointment. Required parts and supporting systems must be installed and compatible; fluids must be at proper levels; the vehicle must have appropriate fuel; and there must be no known leaks, loose components, unsafe tires/brakes, incomplete wiring, or unresolved mechanical problems that prevent safe tuning. A tuning appointment is not an agreement to finish an incomplete build, diagnose every fault, or repair prior work. I am responsible for maintenance and for accurately disclosing all modifications, prior tuning, warning lights, known faults, fuel type/octane/ethanol content, power adders, customer-installed or third-party parts, and operating restrictions before work begins. I understand that a limited pre-service inspection does not replace my readiness representation and is not a comprehensive inspection or a certification of safety, roadworthiness, or freedom from hidden defects. If the vehicle is not ready, EXODUS PERFORMANCE may decline, pause, or stop tuning. I remain responsible for authorized inspection, setup, diagnostic, troubleshooting, and attempted-tuning time already spent, even if no final tune, dyno result, or performance gain can be delivered because of the vehicle's condition. Authorized work already performed and authorized parts or commitments that cannot be cancelled remain payable under my approved order terms, subject to applicable law and any applicable express written guarantee. Additional repairs, completion work, or a return tuning session require separate approval. I am responsible for arranging necessary repairs and safe transport. I Agree For tuning Services, I represent that my vehicle is complete and ready to tune as described above, except for diagnostic or repair work disclosed to and accepted by EXODUS PERFORMANCE in writing. I understand that authorized inspection, diagnostic, and attempted-tuning time remains billable if my vehicle's condition prevents completion. I have disclosed any exceptions in writing before the appointment.
3. PERFORMANCE RISKS & ASSUMPTION OF RISK I understand that tuning, higher power, dyno loading, and testing can expose or cause failure of an engine, transmission, transfer case, driveline, clutch, tires, brakes, fuel system, electronics, or other components. Failure may occur during or after service, without warning, even when work is performed correctly. Risks include mechanical damage, fire, property loss, personal injury, and death. I voluntarily accept these risks, including unknown or unexpected risks, and the financial responsibility for failures attributable to pre-existing conditions, undisclosed defects, incompatible parts, ordinary wear, misuse, or operation beyond documented limits. Increased performance can reduce component life. No particular horsepower, torque, drivability, fuel economy, reliability, longevity, or inspection result is guaranteed.
4. VEHICLE OPERATION & SHOP SAFETY I authorize EXODUS PERFORMANCE personnel to start, move, operate, and dyno test my vehicle as reasonably necessary for approved Services. Public-road testing must be lawful and within my work-order authorization. I will follow staff instructions, remain outside restricted work/dyno areas, and keep my passengers and guests outside those areas. I am responsible for removing valuables and personal property before service.
5. RELEASE OF LIABILITY — INCLUDING ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE, RELEASE, AND FOREVER DISCHARGE EXODUS PERFORMANCE FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING OUT OF OR RELATED TO THE SERVICES, DYNO OPERATION, AUTHORIZED ROAD TESTING, PARTS INSTALLATION/REMOVAL, ADVICE, OR MY VEHICLE'S CONDITION OR PERFORMANCE, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY EXODUS PERFORMANCE'S OWN ORDINARY NEGLIGENCE. I agree not to sue for claims validly released by this agreement. This release applies to claims I have authority to release and binds my heirs, assigns, and personal representatives to the extent permitted by law. It does not release gross negligence, intentional misconduct, unlawful conduct, nonwaivable rights, or EXODUS PERFORMANCE's express installation-error coverage described below. I Agree I have read and understand the release above, including the release of claims alleging EXODUS PERFORMANCE's ordinary negligence, and voluntarily agree to it.
6. CUSTOMER INDEMNITY To the fullest extent permitted by law, I agree to indemnify, defend, and hold EXODUS PERFORMANCE harmless from third-party claims, losses, damages, liabilities, and reasonable legal costs to the extent arising from my inaccurate or incomplete disclosures, lack of authority over the vehicle, my breach of this agreement, or my negligent or unlawful use of the vehicle. This obligation does not transfer EXODUS PERFORMANCE's statutory compliance duties or require reimbursement for its gross negligence, intentional misconduct, unlawful conduct, or liabilities that cannot lawfully be shifted.
7. EMISSIONS & LAWFUL USE EXODUS PERFORMANCE will perform only work permitted by applicable law. Calling a vehicle, part, or service “off-road,” “race,” or “competition use only” does not by itself create an exemption from emissions or other legal requirements. I will accurately disclose the vehicle's intended use and existing configuration. Nothing in this agreement authorizes unlawful emissions tampering or transfers either party's statutory obligations to the other. I am responsible for lawful operation, registration, and use of my vehicle after service and will not operate a noncompliant vehicle on public roads.
8. WARRANTIES, SHOP GUARANTEE & FOLLOW-UP Modifications may affect manufacturer or third-party warranty coverage. EXODUS PERFORMANCE provides no general performance or vehicle warranty. Applicable parts warranties are provided by their manufacturers. This waiver does not cancel EXODUS PERFORMANCE's published Shop Guarantee covering repair labor and parts directly damaged by improper installation, or any separate express written warranty. That coverage remains subject to its stated terms and applicable law. I will follow documented fuel requirements, maintenance, break-in procedures, operating limits, and follow-up instructions. If a warning light, abnormal noise, leak, overheating, or unsafe behavior develops, I will stop operation when safe and promptly contact EXODUS PERFORMANCE; I will arrange safe transport when continued driving risks damage. Damage from misuse, ignored warnings, unauthorized later changes, or failure to follow instructions remains my responsibility to the extent permitted by law.
9. DEPOSITS, APPROVED JOBS & PAYMENT PLEASE READ BEFORE PAYING A DEPOSIT. Once EXODUS PERFORMANCE receives and accepts my deposit for an approved estimate or work order, my deposit is nonrefundable and my approved job is not subject to cancellation at my option, except where applicable law requires otherwise. My deposit will be credited toward that job's invoice. I am ready to proceed when I pay; a change of mind, lack of funds, vehicle unreadiness, or delay on my part does not by itself entitle me to a refund or cancel my obligations. Any requested scope change, rescheduling, or cancellation requires EXODUS PERFORMANCE's written agreement and does not automatically create a refund right. This policy does not waive remedies for EXODUS PERFORMANCE's breach or rights that applicable law makes nonwaivable. I Agree I understand that, once accepted for my approved job, my deposit is nonrefundable and I cannot cancel the job at my option, except as required by law. Before paying, I will review the approved scope, price, and deposit amount and confirm that I am ready to proceed.
Payment for authorized work is due when service is rendered or I am notified that the vehicle is ready, subject to my approved order terms. Completed tuning, dyno, diagnostic, and other Services are final and nonrefundable except as required by law or an applicable express written guarantee. Parts are nonrefundable once ordered, subject to disclosed order terms, applicable manufacturer warranty, and law. These terms do not eliminate the installation-error coverage stated above.
10. COLLECTION, STORAGE & UNCLAIMED PROPERTY I will arrange installation or collection of ordered parts within 30 days after notice that they are available and promptly collect completed vehicles. Any storage or handling charge, its start date, and collection deadline must be disclosed in writing before it applies. Uncollected property will be handled only through notice, lien, and disposition procedures permitted by law. Passage of 90 days alone does not transfer ownership under this agreement.
11. FINAL ACKNOWLEDGMENT Nothing in this agreement waives rights or remedies that applicable law does not permit me to waive. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. I have had the opportunity to ask questions, understand this agreement, and sign voluntarily. My signature acknowledges the risks, responsibilities, release, and payment terms above; it does not authorize unapproved work. |