For the purposes of this document, the term "performance modifications" refers to modifications intended to alter the overall capabilities, efficiency, and functionality of a vehicle, encompassing aspects like speed, power, and handling. Examples include, but are not limited to the installation or alteration of: performance chips, custom tuning programs, superchargers, aftermarket exhaust products, and anything that may alter the speed or performance of an automobile.

By requesting performance modifications, the customer assumes all risks and liability associated with use of the vehicle. Accordingly, the person or entity requesting such products/services (the “Customer”) agrees to the following terms and conditions:

1) The Customer is the lawful owner of the vehicle for which he/she is requesting performance modifications, or authorized agent of the owner acting with the owner's full knowledge and consent of such modifications.

2) Certain performance modifications are designed and intended for professional and/or off-road racing applications. Such products/services may not be intended for use on public highways or roads. It is the customer’s responsibility to ensure the vehicle complies with all local, state and federal laws and regulations, including but not limited to emissions regulations. Federal laws prohibit the removal, modification or rendering inoperative any part that affects emissions or the safety of a motor vehicle that is used on a public street, road or highway. Fines and/or other penalties may be levied by governmental agencies for the tampering or modifying Federal emissions equipment. All fines and penalties incurred will be the sole responsibility of the customer. Upper Motorsports will not be held liable for any unlawful or prohibited use. The customer hereby agrees to abide by all federal, state and local vehicle laws and regulations. Depending upon where the customer lives or operates the vehicle, additional restrictions may apply. Customers should check all applicable laws and regulations before requesting any vehicle modifications. Upper Motorsports is not responsible for misuse of these products/services. By requesting such vehicle modifications, the customer releases Upper Motorsports of any and all liability associated with its use.

3) Performance modifications may alter the handling of the vehicle. This may increase the risk of vehicle accidents including damage to property or harm to persons, including death. The customer releases, indemnifies, discharges and holds harmless Upper Motorsports from any and all claims, damages, causes of action, injuries or expenses resulting from or relating to the installation or use of this product. Upper Motorsports will not be liable for any direct, indirect, consequential, exemplary, punitive or incidental damages or fines resulting from the use or installation of this product/service.

4) There are potential risks to the vehicle associated with performance modifications. Such modifications may alter the performance of the vehicle and may test the mechanical limits of the vehicle, potentially causing failure of components. The customer agrees that any damage incurred in connection with the vehicle modification is in no way the fault of Upper Motorsports. Any damage to the vehicle or its components (including but not limited to the transmission, transfer assembly, engine, tires, clutch, brakes and computer systems) is the responsibility of the customer. Product warranties are offered only by product manufacturers. It is the sole responsibility of the customer to understand the product warranties, if any, offered by the manufacturer. The customer agrees that Upper Motorsports offers no warranties for performance modification products/services. Use of this product may violate and void any warranties from the manufacturer of the vehicle or from other entities (eg. third-party warranty services). Upper Motorsports offers no warranties in lieu of any that may be voided by performance modifications.

5) It is the sole responsibility of The Customer to understand that any and all vehicle and product warranty, terms of warranty, and abide by all laws ands regulations associated with the requested installation or modification of products, goods, or services provide by Upper Motorsports and it is the responsibility The Customer to operate the vehicle in a safe manner abiding by all rules and regulations set forth by state, local, or federal government.

As indicated by the electronic signature form provided below, I ("The Customer") have read, understood and agree to the Release of Liability and Damage Waiver as stated above. I ("The Customer") certify that the information I ("The Customer") have provided is true and accurate to the best of my knowledge. I ("The Customer") accept full legal responsibility and liability for any errors and omissions.