Service Agreement

Liability Release, Waiver, and Agreement

This form must be submitted before ANY services will be rendered by PowerLabs.
Will PowerLabs be reprogramming (a.k.a. "Tuning") your vehicle/PCM?*

YesNo
Will PowerLabs be using their dyno to test and/or tune your vehicle?*

YesNo

Which kind of dyno usage applies to your service?*

I am only using the PowerLabs dyno to produce Horsepower/Torque readings for my vehicle. NO tuning will be performed.I am renting the dyno to perform my own tuningI am renting the PowerLabs dyno for a 3rd party tuning service
Will you and/or other persons be present during the dyno tuning process?*

YesNo
NOTE:

We STRONGLY discourage customers remaining at PowerLabs during the dyno tuning process. The work can take many hours and, in some cases, may span multiple days. Interruptions during the dyno tuning are not permitted. We enforce this to ensure our full attention is directed toward the successful and accurate completion of the tuning process. There are also safety risks present for bystanders during the operation of the dyno. In the unlikely event of a mechanical failure during dyno operation, we don't want anyone to get hurt. When a vehicle is operating at 100+ MPH, high RPMs, and high load, if a part should fail, it (or its pieces) can easily travel across the entire shop and collide with bystanders and other object.

If you would like to change your answer above, feel free to do so. Otherwise, you will be required to sign and agree to the Personal Injury Waiver, which releases us from all liability for any injuries that may occur due to your presense during the dyno operation.

ECM/PCM Reprogramming Services

The undersigned would like to utilize the reprogramming services of PowerLabs Inc.

I agree as stated below, to release, indemnify, and hold harmless PowerLabs Inc. from any and all liability due to the reprogramming to be performed on my vehicle.

I understand that PowerLabs Inc. offers no warranty of any kind whether expressed or implied.

I understand that all OEM safety, maintenance, and operating procedures must still be adhered to after ECM reprogramming is performed, in addition to any recommendations set forth by PowerLabs Inc. Failure to follow proper vehicle operational and maintenance procedures may reduce the reliability, longevity, safety, and performance of the vehicle.

I understand that all performance and efficiency improvements are estimates based on average results. There is no guarantee of any specific power or fuel economy improvements from reprogramming services, whether stated or implied, due to the unique nature of every vehicle.

I hereby agree to release, indemnify, and hold harmless PowerLabs Inc., its employees and volunteers from any liability for any claims or damages of any kind or description whatsoever other than the actual amount I paid for the reprogramming, even if caused by the negligence of PowerLabs Inc., its employees, or agents.

In no event or under no circumstances shall PowerLabs Inc. 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 vehicle, cost of a substitute vehicle, down time costs, other equipment costs, or any other legal theory.

I hereby waive 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 reprogramming service would be considerably more expensive, and since I do not want to pay more for this reprogramming service, I waive my right to bargain for different waiver of liability terms.

I understand the validity of any and all warranty claims that may pertain to a vehicle is at the sole discretion of the dealership performing the warranty work. PowerLabs Inc. has no control over the status of any vehicle's warranty, regardless of the level of modification. In the event that a warranty repair is denied due to aftermarket programming, PowerLabs Inc. will not be held responsible for any damages or compensation.

I understand that any and all reprogramming services performed by PowerLabs Inc. are NOT refundable under any circumstances.
Do you agree to all of the terms and conditions listed above?*

I Agree

Dyno Testing Equipment Use

The undersigned would like to utilize the dyno testing equipment of PowerLabs Inc.

I understand that due to the nature of testing to be performed on my vehicle by the undersigned, there is a potential risk of damage to my vehicle and its performance and I am assuming this risk.

I agree as stated below, to release, indemnify, and hold harmless PowerLabs Inc. from any and all liability due to the dyno testing to be performed on my vehicle.

I understand that PowerLabs Inc. offers no warranty of any kind whether expressed or implied as to the testing equipment. To the extent permitted by law, I agree that PowerLabs Inc. total liability, and my total recovery, for any damage to my vehicle relating to or arising out of my use of testing equipment to be the total amount I paid for the testing.

I hereby agree to release, indemnify, and hold harmless PowerLabs Inc., its employees and volunteers from any liability for any claims or damages of any kind or description whatsoever other than the actual amount I paid for the use of testing, even if caused by the negligence of PowerLabs Inc., its employees, or agents.

In no event or under no circumstances shall PowerLabs Inc. 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 vehicle, cost of a substitute vehicle, down time costs, other equipment costs, or any other legal theory.

I hereby waive 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 the diagnostic testing equipment would be considerably more expensive, and since I do not want to pay more for this dyno testing equipment use, I waive my right to bargain for different waiver of liability terms.
Do you agree to all of the terms and conditions listed above?*

I Agree

Dyno Testing Personal Injury Waiver

Waiver:
In consideration of my use of the dyno tuning services of PowerLabs Inc., I for myself, my heirs, personal representative or assigns, do hereby release, waive, discharge, and covenant not to sue PowerLabs Inc., it’s trustees, directors, officers, employees and agents from liability from any and all claims including negligence of PowerLabs Inc. resulting in personal injury, accidents, or illnesses (including death) and property loss arising from use of premises.

Assumption of Risk:
Dyno tuning carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I have read the previous paragraphs and I know and understand and appreciate these and other risks are inherent in the activity I am participating in. I hereby assert that my presence during the dyno tuning process is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless:
I also agree to indemnify and hold harmless PowerLabs Inc., its trustees, directors, officers, employees and agents from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees as a result of this service.

Severability:
The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Idaho and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Do you agree to all of the terms and conditions listed above?*

I Agree

Acknowledgement of Understanding:*

I understand that this is an important legal document, and I have read and I understand the entire release.
Name*

First NameLast Name
Date*
Signature*

Clear
Should be Empty:

Liability Release, Waiver, and Agreement

NOTE:

ECM/PCM Reprogramming Services

Dyno Testing Equipment Use

Dyno Testing Personal Injury Waiver