Repair Agreement

IMPORTANT, completion of this form is required before service is rendered.

I acknowledge that I understand the inherent potential risks and liabilities associated with having vehicle repair(s) undertaken on my premises and that I hereby authorize TinMan Timm M.O.C. LLC (“TinMan”) to perform all required and authorized inspections and repairs to my vehicle. Moreover, I assume the potential risks and liabilities associated with having TinMan conduct those inspections and repairs on the Premises, regardless of whether the resulting damage is to property (real or personal), person, or otherwise. I hereby expressly waive any right to sue TinMan for any potential damages incurred in connection with the aforementioned inspections and repairs, except for those claims against TinMan arising out of its own negligence. I hereby acknowledge the fact that I am at least Eighteen (18) years of age and the record owner of the Premises. I hereby further acknowledge that I have full binding authority to consent to the vehicle repairs being conducted on the Premises.

In accordance with the above-paragraph, by setting my initials on the respective lines, I hereby further acknowledge that I expressly waive all potential claims against TinMan for any damages arising from the acts and/or omissions of TinMan, including, but not limited to, those items set forth below, and accordingly take full responsibility for ensuring full compliance with these terms:

I acknowledge and express my permission for TinMan to park and use heavy equipment on the Premises, including but not limited to utilizing my driveway, garage, or lawn, and I further acknowledge that damages may occur to the Premises as a result of the same, for which TinMan shall not be liable.

I acknowledge full and complete understanding that there exists a risk of oil and/or other chemicals coming into contact with the Premises, including but not limited to my driveway, lawn, garage and/or any other personal property, and I further acknowledge that damages may result to the same, for which TinMan shall not be liable.

I acknowledge my own responsibility for keeping all children, pets, family members and invitees away from the vehicle at all times during the inspection and repair in order to avoid the potential of personal injury.

I acknowledge that damage to property, real or personal, including, but not limited to, my driveway, landscaping, home, and/or personal injury, may occur, and that I expressly take responsibility for ensuring against any such damages where reasonable and practical, and otherwise acknowledge that TinMan shall not be liable for any such damages.

I acknowledge full and complete understanding that repairs may take longer than expected and may require a vehicle to be parked for an extended period of time on the Premises due to unforeseen, uncontrollable, or extenuating circumstances. I acknowledge this may effect the original estimated cost. I shall not hold TinMan responsible for any damages that may accrue from such unforeseen delays, including, but not limited to, damages in the form of car rental expenses, loss of business, or loss of profit resulting from not having access to my vehicle.

I acknowledge the vehicle may have prior damage, for which TinMan shall not be liable. Additionally, I acknowledge there maybe additional labor time, fees, or termination of the service request for undisclosed prior damage attributed to past accidents, self-administered vehicle repairs, or repairs performed by non-TinMan repair engineers.

I acknowledge TinMan will not be responsible for lost or stolen personal property, equipment, money or jewelry from the Premises or vehicle regardless or whether such loss occurs when the area or vehicle is locked against entry or not. 

I acknowledge and express my permission for TinMan to photograph and auto-video record (“Recording”) the vehicle’s exterior and interior cabin, and that any such Recordings will be retained in confidence, secured from improper access, and may be submitted in evidence in any proceeding or action relating to this Agreement. Assets captured from body camera may be used for marketing and promotional purposes. Each Party waives any further notice of such monitoring or recording. The Recording, and the terms and conditions described therein, if admissible, shall be the controlling evidence for the Parties’ agreement with respect to a particular Transaction in the event a Confirmation is not fully executed (or deemed accepted) by both Parties. Upon full execution (or deemed acceptance) of a Confirmation, such Confirmation shall control in the event of any conflict with the terms of a Recording, or in the event of any conflict with the terms of this Master Agreement.

I acknowledge by engaging the services of TinMan, I hereby grant explicit permission for authorized mechanics to tow, inspect, diagnose, disassemble, operate, and test-drive my vehicle as necessary for the purposes of diagnosing, inspecting, repairing, or performing any agreed-upon services. This permission extends to the period before and after the services have been rendered.

I acknowledge and agree that TinMan and its authorized mechanics shall not be held liable for any damages, accidents, losses, or injuries that may occur during the operation of the customer's vehicle, unless such damages, accidents, losses, or injuries are directly caused by gross negligence or willful misconduct on the part of TinMan or its authorized personnel.

I acknowledge and agree to indemnify and hold harmless TinMan and its authorized mechanics from any claims, demands, liabilities, expenses, or losses arising out of or related to the operation of the customer's vehicle, excluding claims arising from gross negligence or willful misconduct.

I hereby acknowledge that I shall defend, indemnify and hold TinMan, its officers, employees and subcontractors harmless from any and all claims, liability damages, losses, expenses, fees, including attorney’s fees, costs and judgments, which may ever come to be asserted against TinMan, arising out of the vehicle repairs that I have authorized herein.

ACKNOWLEDGMENT: I have read and acknowledged that I fully understand and agree with the terms of this Agreement.