Liability Waiver and Release of Claims
Plain-language summary: By signing this, you agree that car repair can reveal hidden problems, that Natural State Repairs (a mobile service) will do its best but does not guarantee every outcome, and that if something goes wrong you will not sue us for more than what you paid for the service. You keep your rights under Arkansas law for things that cannot legally be waived (like gross negligence). Please read the full terms below before signing.
1. Scope of Work and Incidental Services
Natural State Repairs ("Shop") will perform the work described in the written quote or estimate I have approved, and I further authorize Shop to perform minor, incidental, or good-practice services commonly associated with that repair at no additional charge or at the rates shown in the quote — including but not limited to: topping off fluids (oil, coolant, washer fluid, brake fluid, transmission fluid, power steering fluid), checking and adjusting tire pressure, visually inspecting adjacent components, cleaning related parts, testing battery condition, and verifying safety-critical systems. If Shop discovers additional work beyond the incidental — such as a newly-identified failure, a worn component, or a recommended preventive replacement — Shop may contact me by text message, phone call, or email describing the work and the estimated cost; any affirmative reply from me (including "yes," "ok," "go ahead," a thumbs-up emoji, or a similar confirmation) constitutes my written approval for that additional work under this agreement and under the Arkansas Uniform Electronic Transactions Act. I agree that any work I authorize by text, call, or email is subject to all terms of this waiver to the same extent as the originally approved quote. Shop is not obligated to perform unauthorized work and is not liable for conditions it did not agree to repair.
2. Mobile Service Acknowledgment
I understand Shop is a mobile repair service and performs work at my property or another location I designate. Mobile service has inherent limitations compared to a fully-equipped shop, including the absence of a lift, limited specialty tooling, and dependence on weather and site conditions. I consent to Shop performing work at my location and confirm the work area will be safe, legal, and accessible.
3. Assumption of Risk
I understand automotive repair carries inherent risks, including but not limited to: (a) disassembly may reveal additional damage or worn components not visible at the time of quote; (b) corroded, seized, or deteriorated fasteners may break during removal, requiring additional work; (c) age, rust, prior repairs, or pre-existing conditions may cause unexpected failures during or after repair; (d) test drives may be required to diagnose or verify repairs; (e) vehicles with existing structural, electrical, or mechanical problems may not be fully repairable. I knowingly and voluntarily assume all such risks.
4. Pre-Existing Condition
I represent that I have accurately described my vehicle's condition and any known issues to Shop. I acknowledge Shop's evaluation is limited to observable conditions and the information I provide. I am responsible for disclosing any safety-critical issues, modifications, or prior repairs relevant to the work.
5. No Warranty of Outcome
Shop will perform the work in a good and workmanlike manner but does not guarantee that any repair will fully resolve an underlying issue, restore original performance, or prevent future failures. Parts warranties, if any, are provided by the parts manufacturer and limited to their terms. Shop warrants labor for thirty (30) days against defects in workmanship on the specific work performed, excluding wear items, consumables, and issues caused by other components, customer misuse, or subsequent events.
6. Safety Advisories and Declined Work
If Shop identifies a safety-related condition and I decline to have it repaired, I acknowledge I am operating the vehicle at my own risk and release Shop from any liability arising from that declined repair. Shop may, at its discretion, refuse to release a vehicle it reasonably believes to be unsafe until I sign a written acknowledgment of the condition.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOP'S TOTAL LIABILITY TO ME FOR ANY CLAIM ARISING OUT OF THE SERVICES — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY — IS LIMITED TO THE LESSER OF (A) THE AMOUNT I ACTUALLY PAID SHOP FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR (B) THE FAIR MARKET VALUE OF MY VEHICLE IMMEDIATELY BEFORE THE SERVICE. SHOP IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OF THE VEHICLE, RENTAL OR SUBSTITUTE TRANSPORTATION COSTS, LOST WAGES OR INCOME, LOST BUSINESS OR PROFITS, TOWING, STORAGE, DIMINUTION IN VALUE, EMOTIONAL DISTRESS, OR DAMAGE TO ITEMS LEFT IN THE VEHICLE.
8. Release of Claims and Covenant Not to Sue
I hereby release, waive, and discharge Shop and its owner, employees, contractors, subcontractors, and agents ("Released Parties") from any and all claims, demands, causes of action, losses, and liabilities arising out of or related to the services — including claims based on the ordinary negligence of the Released Parties — except for claims arising from gross negligence, recklessness, intentional misconduct, or statutory violations that cannot be waived under Arkansas law. I agree not to file suit or any other legal action against the Released Parties for any claim I have released.
9. Personal Property and Customer Premises
I am responsible for removing valuables from my vehicle before service. Shop is not responsible for items left in the vehicle, including aftermarket electronics, tools, personal belongings, or cash. Shop will take reasonable care at my property but is not liable for minor, unavoidable marks, stains, or normal wear to my driveway, garage floor, landscaping, or other property resulting from customary repair activity (for example, incidental oil drips, jack or jack-stand marks, or fluid spots).
10. Parts and Materials
Shop may use new, remanufactured, aftermarket, or used parts as specified in the quote or as reasonably necessary for availability and compatibility. Replaced parts will be returned to me only if I request them in writing at the time I approve the quote; otherwise they will be recycled or discarded after fourteen (14) days without further notice.
11. Payment, Artisan's Lien, and Abandoned Vehicle
Payment is due upon completion of work unless otherwise agreed in writing. If I fail to pay when due, Shop may assert and enforce a lien against my vehicle and related property in Shop's possession under Arkansas Code Ann. § 18-45-201 et seq. (artisan's lien) and/or § 27-50-1201 et seq. (motor vehicle repair lien). If my vehicle remains unclaimed or payment remains unmade for more than thirty (30) days after I am notified of completion, I authorize Shop to charge reasonable storage fees and pursue sale or disposal of the vehicle as permitted by Arkansas law.
12. Photographs and Work Documentation
I grant Shop permission to photograph or video-record my vehicle before, during, and after the work for purposes of repair documentation, quality control, portfolio, and advertising, provided that license plates, VIN numbers, and personally identifying information are obscured in any publicly published image.
13. Governing Law and Venue
This agreement is governed by the laws of the State of Arkansas, without regard to conflict-of-law principles. Any dispute will be resolved exclusively in the state courts of Arkansas located in the county where Shop's principal place of business is located (including the Small Claims Division of the District Court of that county for qualifying claims), and I consent to the personal jurisdiction of those courts. Each party will bear its own attorneys' fees and costs, except that Shop is entitled to recover reasonable attorneys' fees and costs in any action to collect amounts owed by me.
14. Authorization and Third-Party Vehicles
I warrant that I am the lawful owner of the vehicle or am authorized by the owner to consent to this agreement on the owner's behalf, and to authorize the work and any associated costs. I agree to indemnify Shop against any claim brought by any other person asserting ownership, lien, or other interest in the vehicle.
15. Electronic Signature
I agree that my typed name below, together with the date, timestamp, and IP address recorded by Shop's system, constitutes a valid electronic signature and binds me to this agreement to the same extent as a handwritten signature under the Arkansas Uniform Electronic Transactions Act (A.C.A. § 25-32-101 et seq.) and the federal E-SIGN Act (15 U.S.C. § 7001 et seq.).
16. Entire Agreement and Severability
This waiver, together with the approved quote or estimate, forms the entire agreement between Shop and me regarding the services. No oral statement or prior writing modifies this agreement. If any provision of this waiver is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
I HAVE READ THIS WAIVER CAREFULLY. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE, AND I AGREE TO ITS TERMS VOLUNTARILY.