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    Liability Release, Waiver, and Agreement for Diagnostic Testing Equipment Use

    The undersigned would like to utilize the diagnostic testing equipment of Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC for their automobile. I, the undersigned, have requested that Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC test and calibrate my vehicle on the dynamometer. I understand that a dynamometer, commonly referred to as a “dyno,” is a machine that is used to measure the horsepower output of an engine. A chassis dynamometer has large rollers upon which the drive wheels are placed. The vehicle is run up to a certain speed and put under load so the amount of power that is being delivered to the wheels can be measured. The dyno may also be used to simulate actual driving conditions when troubleshooting drivability problems. I understand that dynos have an inherent amount of risk. Testing for maximum horsepower places strain on a vehicle’s engine, comparable to that of actual racetrack driving. I further understand and agree that mechanical problems occasionally occur during or as a result of such testing and calibration. These mechanical problems include, but are not limited to, engine damage or complete failure, driveline damage, or damage to aftermarket components. I understand that due to the nature of testing to be performed on my automobile by the undersigned, there is a potential risk of damage to my automobile and its performance and I am assuming the risk. I agree as stated below, to release, indemnify, and hold harmless Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, its owners, agents and employees from any and all liability due to the diagnostic testing or performance tuning to be performed on my automobile. I understand that Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC offer NO WARRANTY of any kind whether expressed or implied as to the testing equipment or performance tuning. To the extent permitted by law, I agree that Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC’ s total liability, and my total recovery,for any damage to my automobile relating to or arising out of my use of testing and tuning equipment is strictly limited to the total amount I paid of the testing. If, for any reason out of the control of Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, tuning is not able to be completed, I agree that I will be billed in full for the time and will be concurrently billed in full when vehicle is ready for testing or performance tuning. I understand that dyno time and professional time is costly and agree to charges for any extra time, extra labor costs, or inconvenience fees on top of the price of service. In the event of a fluid leak on the dyno I understand that there is a cleanup fee of up to $350. I understand that no video or recording devices are to be used without prior authorization. I hereby agree to release, indemnify, and hold harmless Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, its owners, agents, and employees from any liability for any claims or damages of any kind or description whatsoever, even if cause by the negligence of Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, its owners, employees,or agents. In no event and under no circumstance shall Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, its owners, agents, or employees be liable for special, incidental, consequential or punitive damages, including without limitation, damage to other property, inconvenience, loss of goodwill, lost profits or revenue loss of use of my automobile, cost of a substitute automobile, down time costs, other equipment costs, or any other legal theory. I hereby wave the right I have to bargain for a different waiver liability. I have considered that if this waiver of liability was not as broad as it is the cost of the use of diagnostic testing equipment would be considerately more expensive and since I do not want to pay more this diagnostic testing equipment use I wave my right to bargain for different waiver of liability terms. Due to the inherent dangers surrounding the operation of such equipment there is serious risk of personal injury. Understanding this risk, the undersigned agrees to assume all liability of accidental injury or bodily harm to themselves and others, and hereby release Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC, its owners, agents, and employees from any and all liability. I agree that I shall always follow the instructions provided by Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC and I shall be liable for all damage to this diagnostic equipment while used by me. The undersigned shall be responsible for any sales or use tax imposed on Six Star Service and Performance Fabrication, LLC/Acree & Sons, LLC/JrTuned, LLC as a result of the undersigned’s use of the testing equipment.

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