PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS LEGAL RIGHTS.
1. Application and Authority
This Agreement is between FastUTV LLC, a California limited liability company doing business as DEFI Motorsports (“DEFI”), and the vehicle owner, purchaser, customer, or authorized representative (“Customer”). It applies to all authorized dyno testing/operation, custom or remote tuning, ECU/PCM/TCU calibration or flashing, programming, datalogging, diagnostics, inspection, road testing, performance testing, installation, repair, fabrication, modification, mechanical/electrical work, software/interface support, consultation, and related work (“Services”). Customer represents that Customer is at least 18 and owns the vehicle/property or has full authority from the owner to authorize the Services and vehicle operation.
2. Assumption of High-Performance Risk
Customer understands that modified vehicles, dyno testing, tuning, flashing, wide-open-throttle operation, elevated RPM/load/boost, transmission testing, road testing, datalogging, and performance modification involve substantial inherent risks. They may impose loads equal to or greater than aggressive road/track operation and may expose, accelerate, or cause latent, pre-existing, developing, or unknown failures. Risks include catastrophic mechanical failure, property damage, total vehicle loss, fire, fluid release, tire/wheel failure, loss of control, bodily injury, and death. Customer knowingly and voluntarily assumes these risks.
3. Mechanical and Component Failures
Customer assumes the risk of failure, accelerated wear, or damage to the engine and internals, valvetrain, oiling/cooling/fuel systems, turbocharger/supercharger, exhaust/catalyst, transmission, clutch/converter, transfer case, differential, axles/driveshaft, hubs/bearings, brakes, suspension, tires/wheels, electrical system, battery, wiring, sensors, modules, ECU/PCM/TCU, and any OEM or aftermarket component. A failure during or after Services does not by itself establish that DEFI caused the failure.
4. Vehicle Condition and Disclosure
Customer must disclose all known or suspected defects, warning lights, leaks, overheating, knock/detonation, misfires, low oil pressure, fuel limitations, prior damage/tuning, modified modules, unusual noises, drivability problems, tire/brake defects, and modifications. Customer represents that the vehicle is reasonably suitable for the requested Services unless disclosed otherwise. DEFI may refuse, pause, or terminate work when continued work appears unsafe, impractical, unlawful, or likely to cause damage.
5. Inspection Limitations
Any visual check, scan, inspection, or diagnostic review is limited unless a separate comprehensive inspection is specifically purchased and documented. DEFI does not warrant that an inspection will discover every latent defect, fatigued component, internal condition, wiring issue, fuel limitation, software conflict, improper installation, or impending failure.
6. Dyno / Road-Test Authorization
Customer authorizes DEFI personnel to start, operate, accelerate, load, shift, brake, test, and control the vehicle as reasonably necessary, including on a dynamometer and, when reasonably necessary and lawful, on roads or other testing areas. Dyno operation may include repeated full-load/wide-open-throttle runs, high RPM, high wheel/vehicle speed, rapid acceleration/deceleration, shifts, and boost operation.
7. Tuning and Calibration Risks
Customer understands that ECU/PCM/TCU tuning changes factory calibration values and may alter fueling, ignition, torque management, boost, throttle behavior, shift strategy, rev/speed limits, fan operation, and other controls. Increased performance may increase thermal/mechanical stress, reduce component life, expose marginal components, or change drivability. No calibration can guarantee against mechanical failure.
8. Remote Tuning / RTD4
For remote tuning, Customer is responsible for accurate vehicle/modification information; compatible functioning hardware, cables, computers, software, batteries/chargers, wideband equipment and sensors; following instructions; safe/lawful datalogs; and stable power during reading/flashing. Customer assumes risks of interrupted flashing, communication loss, corrupted files, incompatibility, module lockout, recovery requirements, and vehicle inoperability (“bricking”). To the fullest extent permitted by law, Customer bears towing, transport, module recovery/replacement, programming, labor, downtime, and similar recovery costs unless DEFI expressly agrees otherwise in writing.
9. Customer Datalogging and Vehicle Use
DEFI does not authorize or require Customer to violate traffic, speed, emissions, safety, or other laws. Customer-controlled datalogging must be performed safely and lawfully. Customer is responsible for operation of the vehicle after it leaves DEFI custody and whenever Customer operates it during remote tuning.
10. Fuel, Parts and Third-Party Variables
Results depend on variables outside DEFI’s control, including fuel type/octane/ethanol content/contamination, fuel pressure, fluids, ambient conditions, altitude, sensor accuracy, aftermarket part quality, installation quality, wiring, third-party software, prior calibrations, and mechanical condition. Customer assumes risks arising from inaccurate specifications, defective parts, improper third-party installation, fuel changes, inadequate fuel supply, or post-calibration changes.
11. No Performance / Reliability Guarantee
Unless DEFI provides a specific written warranty signed by an authorized representative, DEFI does not guarantee horsepower, torque, elapsed time, speed, fuel economy, emissions outcome, drivability, sound, component life, reliability, race result, or other performance outcome. Dyno figures vary by equipment, setup, correction method, drivetrain, environment, fuel, and vehicle condition.
12. Warranties, Insurance and Resale
Customer understands that modification, tuning, flashing, racing, or competition use may affect manufacturer/dealer warranties, insurance, third-party service contracts, inspection eligibility, and resale value. DEFI does not control those decisions and makes no guarantee that coverage or value will remain unaffected.
13. Emissions and Legal Compliance
Customer is responsible for compliance with applicable federal, state, and local emissions, safety, registration, inspection, competition, and vehicle-use laws. Nothing authorizes DEFI or Customer to defeat, bypass, remove, or render inoperative emissions or safety equipment in violation of law. Competition-only/off-road-only products or calibrations may be used only where legally permitted.
14. RELEASE OF LIABILITY - ORDINARY NEGLIGENCE
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER, FOR CUSTOMER AND CUSTOMER’S HEIRS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, INSURERS, AND PERSONS CLAIMING THROUGH CUSTOMER, KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, ACQUITS, AND FOREVER DISCHARGES DEFI AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, TECHNICIANS, TUNERS, CONTRACTORS, SUBCONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, LANDLORDS, EQUIPMENT PROVIDERS, AND INSURERS (“RELEASED PARTIES”) FROM CLAIMS FOR PROPERTY DAMAGE, DIMINUTION IN VALUE, LOSS OF USE, TOWING, STORAGE, RENTAL EXPENSE, LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR OTHER LOSS ARISING FROM THE INHERENT RISKS OF THE SERVICES OR THE ORDINARY NEGLIGENCE OF A RELEASED PARTY IN PERFORMING THE SERVICES, INCLUDING DYNO/ROAD TESTING, DATALOGGING, CALIBRATION DEVELOPMENT, FLASHING, PROGRAMMING, DIAGNOSTICS, AND PERFORMANCE WORK, EXCEPT TO THE EXTENT A RELEASE IS PROHIBITED BY LAW.
15. Nonwaivable Matters / Savings Clause
This Agreement is intended to be enforced to the maximum lawful extent, not to waive rights that cannot legally be waived. Nothing releases or limits liability where prohibited by applicable law, including nonwaivable liability for fraud, willful injury or misconduct, violations of law that cannot be prospectively waived, or gross negligence where applicable law makes a prospective release unenforceable. This clause does not narrow any release or limitation that is otherwise lawful.
16. Customer Indemnity
To the fullest extent permitted by law, Customer agrees to defend, indemnify, and hold the Released Parties harmless from third-party claims, losses, penalties, fines, costs, or expenses arising from Customer’s lack of authority; inaccurate/omitted information; unsafe or unlawful operation; Customer/third-party installation, modification, flashing, repair, or use; post-service changes; competition/public-road use; or Customer’s breach. This does not require indemnification where applicable law prohibits shifting liability.
17. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, DEFI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOST PROFITS/BUSINESS, LOST COMPETITION OPPORTUNITY, TRANSPORTATION/RENTAL COSTS, OR DIMINUTION IN VALUE. TO THE EXTENT A CLAIM CANNOT LAWFULLY BE RELEASED BUT MAY LAWFULLY BE LIMITED, DEFI’S AGGREGATE CONTRACTUAL LIABILITY ARISING FROM A SPECIFIC TRANSACTION SHALL NOT EXCEED THE AMOUNT PAID TO DEFI FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, EXCEPT WHERE PROHIBITED BY LAW.
18. Scope, Additional Work and Revisions
DEFI’s responsibility is limited to the specific scope authorized in the estimate/work order. Tuning is not a complete mechanical inspection or repair of unrelated systems. Additional diagnosis, repair, parts, labor, dyno time, recovery work, or revisions outside the authorized scope may require additional authorization and charges. Material changes to the vehicle, fuel, hardware, software, or power level may require a new or revised tune.
19. Duty to Stop Operation
Customer must stop operating the vehicle and contact a qualified technician if warning lights, abnormal noise, detonation, smoke, overheating, fluid loss, low oil/fuel pressure, misfire, abnormal air/fuel ratio, or other signs of malfunction occur. Continued operation after warning signs can cause severe damage and is at Customer’s risk.
20. California Law; Severability; Repair Authorization
California law governs. This Agreement supplements, and does not replace, any estimate, work order, invoice, or authorization required by California automotive-repair law. If a provision is invalid or unenforceable, it shall be narrowed or severed to the minimum extent necessary and the remainder shall remain effective.
21. Acknowledgment
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS THAT DYNO TESTING, TUNING, REMOTE FLASHING, PERFORMANCE MODIFICATION, AND VEHICLE OPERATION CAN CAUSE SERIOUS OR CATASTROPHIC DAMAGE, INJURY, OR DEATH, HAS HAD AN OPPORTUNITY TO ASK QUESTIONS, VOLUNTARILY ACCEPTS THE RISKS DESCRIBED ABOVE, AND AGREES TO THE RELEASE AND LIMITATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.