For Dynamometer Testing, Tuning, and Related Services
This Waiver, Disclaimer, and Absolute Release of Liability (“Agreement”) applies to any testing, running, controlling, tuning, maintaining, inspecting, or any other use of a dynamometer or related equipment and services provided by DASTUNING (collectively, “DASTUNING Services”).
1. Authority and Capacity
I hereby represent and warrant that I am the legal owner of the vehicle identified below, or that I otherwise have full legal authority to authorize the testing, running, controlling, tuning, maintaining, inspecting, or other use of the vehicle (the “Vehicle”). I further represent and warrant that I have full authority and legal capacity to enter into this Agreement and to bind myself and any other interested parties.
2. Vehicle Condition and Road Legality
I represent that I am fully familiar with the condition of the Vehicle and affirm that it is in acceptable condition for dynamometer testing and tuning. I further represent that, where applicable, the Vehicle is properly registered and insured in accordance with applicable law.
I acknowledge that DASTUNING does not inspect, verify, or guarantee the mechanical condition, safety, or roadworthiness of the Vehicle and does not assume any responsibility for the condition of the Vehicle prior to, during, or after DASTUNING Services.
I represent and warrant that all components of the Vehicle, including but not limited to the engine, drivetrain, powertrain, electronic systems, fuel system, cooling system, tires, and wheels, are in suitable condition to sustain full-load, high-RPM, and wide-open-throttle operation during dynamometer testing.
3. Assumption of Risk
I knowingly and voluntarily assume all risks associated with the testing, running, controlling, tuning, maintaining, inspecting, or any other use of the Vehicle by DASTUNING. These risks include, but are not limited to, partial damage, catastrophic failure, or total destruction of the Vehicle or any of its components, including but not limited to the engine, powertrain, drivetrain, electronic systems, mechanical components, body, frame, tires, and wheels.
I acknowledge that dynamometer testing and tuning inherently involves operating the Vehicle at or beyond its maximum performance limits, including sustained wide-open-throttle conditions. Such operation subjects the Vehicle to stresses equal to or greater than those experienced during road or track use and may result in component failure even if the Vehicle was previously operating normally.
4. No Warranty / Insurance Disclaimer
I understand and acknowledge that the use of DASTUNING Services may void any and all warranties, guarantees, service contracts, financing agreements, or lease agreements issued by manufacturers, dealers, lenders, or lessors. I further acknowledge that damage or loss arising from dynamometer testing may not be covered by insurance.
5. Competition / Closed-Circuit Use Only
I acknowledge and agree that DASTUNING Services are intended solely for competition and/or closed-circuit use and are not intended for operation on public roads.
6. Release and Waiver of Liability
To the fullest extent permitted by law, I hereby fully, irrevocably, and unconditionally release, waive, and discharge DASTUNING, including its owners, operators, employees, agents, customers, shareholders, and affiliates, from any and all claims, demands, liabilities, damages, losses, or causes of action of any kind whatsoever, whether known or unknown, arising out of or related to the testing, running, controlling, tuning, maintenance, inspection, or any other use of the Vehicle in connection with DASTUNING Services, including claims arising from negligence or recklessness.
7. Severability
If any provision, or any portion of a provision, of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
