PCM Tuners Liability Waiver

PCM Tuners Liability Waiver & Assumption of Risk Agreement

1. Acknowledgment of Risks

🚨 WARNING: THIS IS AN INDUSTRIAL ENVIRONMENT WITH INHERENT RISKS. 🚨

The undersigned (hereinafter referred to as “The Participant”) acknowledges and understands that PCM Tuners, its shop, leased premises, and all areas within and around the property, including but not limited to the workshop, waiting areas, and tuning bays, are inherently hazardous environments.

By entering, remaining on, or participating in any activities at PCM Tuners, The Participant assumes all risks associated with being in an active automotive performance and repair facility.

🔹 The Participant acknowledges and accepts the following risks, including but not limited to:
✔ Exposure to high noise levels that may cause hearing damage.
✔ Risk of injury from high-speed moving parts, rotating equipment, and dyno rollers.
✔ Slip, trip, or fall hazards due to tools, fluids, and uneven surfaces.
✔ Fire hazards and exposure to exhaust fumes, airborne particles, and hazardous materials.
✔ The potential for mechanical failure, tire blowouts, or debris from vehicles under extreme load.

📌 Dyno Tuning Danger Notice:
Dynamometer (dyno) testing is an inherently dangerous activity. Vehicles on the dyno operate under extreme conditions, which may result in:
✔ Sudden mechanical failure.
✔ Rapid tire deflation, component detachment, or airborne debris.
✔ Unexpected noise levels, vibrations, or heat hazards.

🚨 We strongly encourage The Participant to leave the premises during dyno testing.
However, we acknowledge that some individuals consider witnessing a dyno session to be part of the experience they are paying for.

Viewing Area Responsibility

✔ If The Participant chooses to remain on-site, they are solely responsible for determining a safe viewing area.
✔ PCM Tuners does not designate, mark, or assume responsibility for any area as "safe."
✔ The Participant must use their own judgment and assume all risks associated with their chosen location.

2. Assumption of Risk

By choosing to be present at PCM Tuners’ shop, leased property, or surrounding areas, The Participant voluntarily assumes all risks of injury, disability, property damage, or death, including but not limited to:
✔ Hazards inherent in an industrial workspace.
✔ Physical harm due to vehicle failure, parts detachment, or environmental conditions.
✔ Potential exposure to fire, fumes, airborne particles, or hazardous fluids.

📌 The Participant acknowledges that they have been advised of these risks and have the choice to leave at any time.

3. Release & Waiver of Liability

🚨 By signing this waiver, The Participant fully releases and forever discharges PCM Tuners, MAC AUTO BROKERS, LLC, its owners, officers, employees, agents, insurers, landlords, affiliates, and any third-party vendors or service providers from any and all liability, claims, demands, damages, or causes of action arising from:

✔ Personal injury, illness, or death resulting from being present in or around the facility.
✔ Loss, theft, or damage to personal property while on the premises.
✔ Any injuries caused by mechanical failures, airborne debris, or vehicle malfunctions.
✔ Exposure to noise, vibration, exhaust fumes, or hazardous materials.

📌 This release applies regardless of whether the injury or damage is caused by negligence, equipment failure, premises conditions, or any other cause.

4. Indemnification

The Participant agrees to indemnify, defend, and hold harmless PCM Tuners and its affiliates from any claims, damages, legal costs, or liabilities arising from:
✔ Their own actions, negligence, or failure to follow safety instructions while on the premises.
✔ Any claims brought by third parties on their behalf related to injuries or damages sustained at PCM Tuners.

5. Governing Law & Dispute Resolution

📌 This agreement shall be governed by the laws of the State of Georgia.

✔ Any legal disputes arising from this agreement shall be resolved exclusively through binding arbitration in Georgia under the American Arbitration Association’s Commercial Arbitration Rules.
✔ The Participant waives their right to sue in court or participate in any class-action lawsuit related to this agreement.

6. Severability Clause

📌 If any provision of this agreement is found to be illegal, invalid, or unenforceable, the remainder of the agreement shall remain in full force and effect.

✔ The invalidity of any single provision shall not affect the validity or enforceability of the remaining provisions.
✔ The parties agree to replace any invalid provision with one that is as close as possible in intent while remaining legally enforceable.

7. Acknowledgment & Signature

By signing below, The Participant acknowledges that they have:
✔ Read and fully understand this waiver.
✔ Been advised of the risks and voluntarily assume them.
✔ Had the opportunity to ask questions before signing.
✔ Waived all legal rights to hold PCM Tuners liable for any injury or damages.

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Date:
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Timestamp

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February 13, 2025 12:30 am EDT

PCM Tuners Liability Waiver Uploaded by Mark Cunningham - info@pcmtuners.com IP 172.58.1.104