Legal Car Service Waiver

Legal Car Service Waiver

This Legal Car Service Waiver (the "Waiver") is made and entered into as of Day: Month: Year: by and between Service Provider: with principal address: and Client Name: Client Address: .

RECITALS

WHEREAS, Service Provider is engaged in the business of providing automobile servicing, repair, maintenance, storage and related transportation services (collectively, "Car Services"); and

WHEREAS, Client is the owner or lawful custodian of the vehicle described as: Make/Model: Color: License Plate: VIN: ; and

WHEREAS, Client desires that Service Provider perform Car Services on the vehicle and Service Provider is willing to provide such services on the terms and subject to the waivers, releases and indemnities set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver, "Client Property" includes the vehicle and all personal property located in or on the vehicle at the time of delivery to Service Provider. "Car Services" means the scope of work described in Section 2 below and any ancillary services reasonably necessary to accomplish such work.

2. SCOPE OF SERVICES

3. PRE-EXISTING DAMAGE AND CONDITION

Client acknowledges receipt of the foregoing description and confirms that the description accurately reflects the condition of the Client Property at time of delivery.

4. ASSUMPTION OF RISK; RELEASE AND WAIVER

To the fullest extent permitted by law, Client knowingly and voluntarily assumes all risks associated with presenting the Client Property for Car Services, including but not limited to loss, theft, damage, fire, flood, collision, vandalism, and acts of third parties. Client hereby releases and forever discharges Service Provider, its owners, officers, employees, agents and subcontractors (collectively, the "Released Parties") from any and all claims, demands, liabilities, causes of action, losses, expenses and damages arising out of or relating to Car Services, except to the extent caused by the gross negligence or willful misconduct of the Released Parties.

5. LIMITATION OF LIABILITY

Except for liability resulting from gross negligence or willful misconduct, in no event shall Service Provider be liable for consequential, incidental, special or punitive damages, or for loss of use, loss of business, lost profits or downtime. Service Provider's aggregate liability arising from or relating to Car Services shall not exceed the greater of (a) the total sums actually paid by Client to Service Provider for the specific Car Services giving rise to the claim, or (b) five hundred dollars ($500.00).

6. INDEMNIFICATION

Client shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of (a) Client's breach of this Waiver, (b) Client's negligence or willful misconduct, or (c) the presence of hazardous materials or illegal items in the Client Property.

7. AUTHORIZATION; REPAIRS AND ADDITIONAL CHARGES

Client authorizes Service Provider to perform the Car Services described in this Waiver and to operate the Client Property for purposes of testing, inspection, road testing and delivery. Client further authorizes Service Provider to perform additional repairs or services reasonably necessary to prevent immediate loss or further damage to the Client Property. For non-emergency additional repairs exceeding $ , Service Provider shall make reasonable efforts to contact Client for authorization. Client acknowledges and agrees that Service Provider may, at its election, commence repairs without contact in emergency situations and Client shall remain responsible for charges reasonably incurred.

Client requires prior authorization for additional repairs exceeding the amount specified above.

8. PAYMENT; LIENS; STORAGE

Client agrees to pay all charges for Car Services, parts and labor in accordance with Service Provider's standard terms. Service Provider shall have and retain a possessory lien against the Client Property for unpaid charges. If Client fails to pay amounts due within the agreed period, Service Provider may impose storage fees, arrange for public or private sale of the Client Property in accordance with applicable law, and recover all costs and expenses associated with enforcement, including reasonable attorneys' fees.

9. INSURANCE; SUBROGATION

Client represents that Client maintains automobile insurance applicable to the Client Property and that Client's insurer shall have primary responsibility for loss or damage arising out of an insured event. Client hereby waives any right of recovery against Service Provider and the Released Parties to the extent of recovery available under Client's insurance and agrees to cooperate in pursuing insurance claims. Client further agrees to obtain a subrogation waiver from Client's insurer where available.

10. NOTICES

Any notice required or permitted under this Waiver shall be in writing and given to the addresses set forth in the opening paragraph or to such other address as either party designates in writing. Notices shall be delivered by hand, overnight courier, or certified mail, return receipt requested.

11. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Waiver and to perform its obligations hereunder; that this Waiver constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms; and that the execution and delivery of this Waiver does not violate any other agreement or obligation of such party.

12. AMENDMENTS; WAIVER

No amendment or modification of this Waiver shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right under this Waiver shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right.

13. GOVERNING LAW; VENUE

This Waiver shall be governed by and construed in accordance with the substantive laws of the State selected by the parties: State: . The parties agree that the state and federal courts located in that state shall have exclusive jurisdiction over any dispute arising out of or relating to this Waiver.

14. ENTIRE AGREEMENT; SEVERABILITY

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Waiver is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. COUNTERPARTS; EXECUTION

This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means that reproduce a handwritten signature shall be binding as original signatures.

16. ACKNOWLEDGMENTS

By signing below, Client affirms that Client has read this Waiver in its entirety, understands its contents, and accepts the risks and obligations described herein. Client acknowledges that Client has had an opportunity to ask questions and obtain explanations regarding the Waiver and the Car Services.

I confirm I have provided keys to Service Provider.

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