Performance Plus Dyno waiver 3rd party operation
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PERFORMANCE PLUS DISTRIBUTORS INC.
WAIVER, DISCLAIMER, & ABSOLUTE RELEASE OF LIABILITY
1. The undersigned understands and accepts that a third party, which is completely unrelated to Performance Plus Distributors Inc. will be operating the dynamometer remotely, and that Performance Plus Distributors Inc. has no relationship, contractual or otherwise, with the third party operator.
2. The undersigned (yourself) is the registered owner of the vehicle that is to be run on the dynamometer.
3. The undersigned is aware that the dynamometer will apply similar loading to the vehicle as if the vehicle was being operated on a road/track, and, as such, is susceptible to the same risks and wear/tear as on a road/track. To elaborate, this means that the use of the dynamometer applies kilometers/miles to the vehicle, and parts may wear or break as they would in the regular use of the vehicle on a road/track.
4. The undersigned understands and agrees to all tests being performed at maximum performance and at wide-open throttle.
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THERE IS A REAL RISK THAT DAMAGE TO YOUR VEHICLE WILL OCCUR. Damage is sustained by approximately 3 or 4 vehicles per 100 run on the dynamometer.* THIS IS TRUE EVEN WITH CORRECT OPERATION OF THE DYNAMOMETER. Initial here: ___ |
5. The undersigned represents and warrants that s/he is aware of the potential risks of operating the vehicle on the dynamometer, these risks include, without limitation, damage to the engine, drivetrain, tires, suspension, and/or body and which can include complete failure of the engine, drivetrain, tires, suspension, and major structural damage to the body of the vehicle.
6. The undersigned understands and accepts that the risks outlined in paragraph three above are inherent in the use of the dynamometer, and exist even with the correct operation of the dynamometer. This is because the purpose of using the dynamometer is to alter the engine's settings so that it performs at maximum capacity. The undersigned understands and accepts that the operator of the dynamometer is using his/her best judgment only as to what the vehicle's maximum capacity is, as no scientific calculation is possible.
7. The undersigned represents and warrants that s/he is fully aware of the current condition of the vehicle, that all parts of the vehicle are in good condition and are capable of being operated under full power and at full throttle, and hereby represents and warrants that the vehicle in its entirety is in a suitable condition to be operated on the dynamometer.
8. Performance Plus Distributors Inc. makes no representations or warranties regarding the suitability of your vehicle for operation on the dynamometer, whether or not the vehicle has been worked on, in any capacity, by Performance Plus Distributors Inc. or any of its employees at any time.
9. Performance Plus Distributors Inc. is not responsible for any damage of any kind (up to and including complete failure) to the vehicle or owner during or after any part of the dynamometer testing process, inclusive of any loss in part, current, or future revenue.
10. The undersigned will hold harmless Performance Plus Distributors Inc., its employees, associates, directors, and shareholders, free from all liability for any damage (up to and including complete failure) that may occur during and/or after the dynamometer testing process.
11. The undersigned represents and warrants that s/he has acquired all necessary insurance required to operate the vehicle on the dynamometer.
12. The undersigned understands and accepts that this is the complete agreement regarding the use of the dynamometer, and that it supersedes any and all previous verbal or written representations or warranties made by Performance Plus Distributors Inc.
Vehicle Information:
Vehicle Make _______________________ Model ________________________________
Engine Type ______________________ __ Automatic/Manual ______________________
3, 4, 5, 6 Speed _____________________ Redline _______________________________
Super/Turbocharged _________________ Nitrous _______________________________
Performance Plus Distributors Inc. reserves the right to decline or discontinue dynamometer services for any reason at any time. By signing this release, the undersigned authorizes Performance Plus Distributors Inc. and its employees to operate the vehicle in the manner and to the limits outlined in this agreement.
Printed Name ______________________ Signature _____________________________
Date ______________________________
PLEASE PAY CLOSE ATTENTION TO THE DYNAMOMETER OPERATOR DURING VEHICLE TESTING
*This statistic is when operated by Performance Plus Distributors Inc. and may be different from the statistics available from the third party operator when operated by them.