1. Definition of Performance Modifications

“Performance modifications” include any service, tuning, or part installation intended to increase vehicle power, torque, handling, speed, responsiveness, or functionality. This includes, but is not limited to: ECU flashing, tuning software, performance chips, forced induction systems, aftermarket exhaust components, and other enhancements.

2. Acknowledgment of Risk

Customer acknowledges that performance modifications involve inherent risks, including increased stress on engine, transmission, drivetrain, suspension, braking, and electronic systems. These risks may result in mechanical failure, damage, loss of warranty, safety issues, and may render the vehicle illegal for street use, including but not limited to emissions and noise violations.

3. Assumption of Liability

Customer voluntarily assumes full responsibility for any loss, damage, personal injury, legal penalty, or vehicle failure that may occur as a result of these modifications. This includes damages resulting from ordinary negligence but excludes gross negligence or willful misconduct by Upper Motorsports.

4. Legal Compliance

Customer is solely responsible for ensuring the vehicle complies with all local, state, and federal laws, including emissions regulations and roadworthiness. Upper Motorsports disclaims all liability arising from illegal or improper vehicle use following modifications.

5. Warranty Impacts

Customer understands that modifications may void factory warranties and/or third-party extended warranties. Upper Motorsports offers no warranty or guarantee, unless expressly provided in writing by the product manufacturer

6. Vehicle Ownership or Authorization

Customer affirms that they are the legal owner of the vehicle or have full authority from the legal owner to authorize modifications.

7. Release and Indemnity

Customer hereby releases, waives, and discharges Upper Motorsports LLC and its employees, contractors, agents, and affiliates from any and all claims, liabilities, damages, or losses, including those arising from ordinary negligence. Customer agrees to indemnify and hold harmless Upper Motorsports against any claims made by third parties as a result of the modified vehicle’s use.

8. Understanding and Voluntary Agreement

Customer affirms that they have read this waiver carefully, understand its terms, and voluntarily agree to its conditions. Customer acknowledges that they have had the opportunity to ask questions and consult legal counsel prior to signing.

9. Governing Law

This agreement is governed by the laws of the State of New York.

10. Severability

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Performance Modification Waiver Summary (TL;DR)

By agreeing to performance modifications on your vehicle, you understand and accept that these changes can increase the risk of mechanical problems, safety issues, and may void your vehicle’s warranty. You are fully responsible for any damages, injuries, or legal issues that result from these modifications, including making sure your vehicle remains street-legal. Upper Motorsports LLC is not liable for any problems caused by the modifications, except in cases of gross negligence or intentional wrongdoing. Please read the full agreement carefully before signing.