RELEASE AND WAIVER OF LIABILITY
THIS AGREEMENT, made and entered into on the date of inspection of the automobile by SmartCheck Auto Inspections (“Inspection”).
1. Purpose of Inspection. The purpose of the Inspection is to provide the undersigned with information regarding the physical condition and mechanical operation of the automobile being inspected (“Vehicle”).
2. Limitations of Inspection. The Inspection is limited to a visual inspection of the Vehicle and does not include a comprehensive or exhaustive examination of every aspect of the Vehicle. The Inspection does not guarantee or warranty the condition or operation of the Vehicle or any of its parts, including without limitation, the engine, transmission, drive train, suspension, brakes, electrical system, or any other component of the Vehicle. The Inspection is not intended to be a substitute for a comprehensive examination by a qualified mechanic or other expert in the field.
3. Release and Waiver of Liability. The undersigned releases and waives any and all claims against SmartCheck Auto Inspections, its employees, agents, or representatives arising from or in connection with the Inspection or the provision of information regarding the Vehicle, whether such claims are based on contract, tort, warranty, or any other legal theory. The undersigned acknowledges that he or she is solely responsible for the condition and operation of the Vehicle, and that SmartCheck Auto Inspections has no responsibility or liability for the condition or operation of the Vehicle or any of its parts, or for any loss or damage resulting from or in connection with the Inspection or the provision of information regarding the Vehicle.
4. Indemnification. The undersigned agrees to indemnify and hold SmartCheck Auto Inspections, its employees, agents, and representatives harmless from and against any and all claims, losses, damages, expenses, or liability arising from or in connection with the Inspection or the provision of information regarding the Vehicle.
5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Inspection is performed.
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements, whether written or oral, relating to the subject matter of this Agreement.
7. Modification. This Agreement may not be modified or amended except in writing signed by both parties.
8. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
