An authorized Nexus Tuning networked developer or tuner (the “Tuner”) of Nexus Tuning is providing a service or a product. The service or product consists of modification of a vehicle’s engine and/or transmission control system by the use of a computer, communication cable, and software (herein referred to as the “Activity”).  I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO HOLD Tuner, and Nexus Tuning developers, volunteers, and employees (herein referred to collectively as the “Releasees”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR INJURIES, INCLUDING DEATH, that may be sustained by me during, or as a result of the Activity.

Despite all necessary precautions, accidents or unintended results may occur. I understand that the Activity may cause damage and or/loss of personal property, or I may suffer financial loss as a result of participation in the Activity. I understand that Tuner has made no claims of legality of the Activity or guarantee of performance. Therefore, I ASSUME ALL RISKS RELATED TO THE ACTIVITY including but not limited to:

• Death, injury, or illness from accidents of any nature whatsoever, including but not limited to bodily injury of any nature, whether severe or not, which may occur as a result of the Activity; and

• Civil and/or criminal charges arising from the Activity; and

• Damage and/or loss of personal property during the Activity or at any time after the Activity.

I further acknowledge that the above list is not inclusive of all possible risks associated with the Activity, and that I am aware of the risks involved whether described or not. I further understand that participating in the Activity is an acceptance of the risk. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the Activity, and that I am voluntarily assuming all risks, whether known or unknown.

It is my express intent that this WAIVER, RELEASE, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the state which Tuner resides, without application of principals of conflicts of laws, and I consent to the jurisdiction of state and federal courts within.

In agreeing to this WAIVER, RELEASE, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT, I acknowledge and represent that I have read the foregoing in its entirety; and that I understand it and agree to it voluntarily as my own free act and deed.

The provisions of this Agreement are severable. If any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable to the fullest extent provided by law.