TERMS & CONDITIONS
By leaving your vehicle with Exo Performance LLC (also referred to as “Exo”, “Exo Performance”, “We”, “The Shop” or “This Shop”), you (“Customer”) acknowledge and agree to the following terms:
Estimates and Payment: You will be contacted with a quote/estimate after diagnostic work is completed, for which a fee(s) apply in all cases where Exo Performance does not perform the requested repair, and potentially if the repair is completed. Customer assumes all risks for vehicle safety and operation if recommended repairs are declined or only partial authorization is given. Payment in full is due before vehicle release. A deposit & other fees may be required. A storage fee of $50 per day (or the maximum allowed by law) will be applied to vehicles left more than three (3) working days after completion without prior signed approval of the Vehicle Storage Authorization Form. Vehicles left at Exo Performance LLC or in possession of any of The Shop’s affiliates for over 30 days without resolution will be subject to lien enforcement, leading to Exo Performance LLC or any of it’s affiliates taking ownership of the vehicle to recover owed amounts. Acceptable payment forms are cash, major credit/debit cards and financing; checks and payment apps are generally not accepted. Partial or full prepayment may be required.
Cancellation, Project Suspension, and Safety Responsibility
Right to Refuse Service and Cancel Projects:
Exo Performance LLC reserves the right to refuse service, suspend, or cancel any project at any time, with or without cause, at its sole discretion. Cancellation or suspension by Exo Performance LLC does not entitle the customer to any refund of deposits paid, in whole or in part. Any deposits paid shall be applied toward amounts due at the time of cancellation, and customer acknowledges that deposits may be insufficient to cover the total balance owed.
Customer-Initiated Cancellation:
If the customer cancels a project at any time after acceptance or scheduling and prior to the completion and successful testing of the authorized work, the customer agrees that Exo Performance LLC may retain deposits, in whole or in part, and assess cancellation fees and other charges as reasonable compensation for business costs incurred and capacity reserved, including but not limited to administrative processing, diagnostics, review and preparation, labor performed or allocated, parts ordered or allocated, shipping, scheduling impact, and loss of service opportunity. Cancellation fees may exceed the amount of any deposit paid, and the customer remains fully responsible for any balance due.
Completion and Testing Determination; No Warranty or Safety Guarantee:
Completion and successful testing shall be determined solely by Exo Performance LLC in its reasonable discretion and shall mean only that the authorized scope of work was performed and that the vehicle operated or functioned as tested at that time. Such determination does not represent, imply, or guarantee safety, roadworthiness, compliance with manufacturer specifications, long-term reliability, performance outcomes, or freedom from future issues, nor does it create any warranty, express or implied.
Customer Assumption of Safety and Operational Risk Upon Cancellation:
If a project is canceled or suspended by the customer prior to completion and successful testing, the customer expressly assumes sole responsibility and liability for the safety, operation, condition, and use of the vehicle thereafter. Customer acknowledges that partially completed work, removed components, unfinished calibrations, or unperformed recommended repairs may render the vehicle unsafe or unsuitable for operation, and releases Exo Performance LLC from any liability arising from the condition, operation, transport, or use of the vehicle following cancellation.
Vehicle Release, Storage, and Unpaid Balances:
The vehicle shall not be released until all balances due are paid in full. Storage fees may accrue immediately during any period of nonpayment and may continue to accrue if the vehicle is not retrieved within three (3) calendar days after payment and written notice, at Exo Performance LLC’s posted rates and as permitted by Florida law.
Parts and Malfunctions: Exo Performance is not responsible for the quality, suitability, or failure of customer-supplied or used parts, or any damage or additional labor resulting from their use. Exo Performance LLC provides no warranty on installed parts; please refer to the manufacturer’s warranty.
No Warranty Provided by Exo Performance LLC: Exo Performance LLC ("The Shop") does not provide any express or implied warranties on the services performed or any parts installed. All warranties, if any, are solely those provided by the manufacturer of the installed parts. The Customer acknowledges and agrees that Exo Performance LLC expressly disclaims all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law. Any issues with parts should be directed to the respective manufacturer in accordance with their warranty terms and conditions. Customer assumes sole responsibility for pursuing any manufacturer warranty claims directly, and Exo Performance LLC shall not act as an intermediary or be involved in such processes. Customer further acknowledges that performance modifications may void or limit applicable manufacturer warranties and assumes all associated risks. Customer shall indemnify and hold harmless Exo Performance LLC from any third-party claims, damages, or liabilities related to services, modifications, or vehicle use. Exo Performance LLC is not responsible for vehicle malfunctions unrelated to the specific services requested. You acknowledge that performance upgrades on used vehicles may reveal or exacerbate pre-existing, unknown conditions. We are not liable for issues arising from such pre-existing conditions being brought to light by the requested work. The Customer acknowledges that used vehicles, carry an inherent risk of undisclosed pre-existing damage, (including latent effects of water inundation), and hereby releases Exo Performance LLC from any liability for conditions that manifest or are aggravated following requested performance services, where such conditions are attributable to these pre-existing factors. Customer (any party that communicates to Exo Performance LLC including the owner and any affiliates regarding the vehicle), regardless of title, assumes full liability for all modifications, and Exo Performance LLC is not responsible for any changes not explicitly approved by the titled owner. The Customer agrees that Exo Performance LLC's professional assessment and execution of services are the standard of care, and we are not responsible for outcomes based on the Customer's subjective expectations, pre-conceived assumptions or interpretations that deviate from the accepted professional recommendations and expertise by The Shop. Including misinformation from unqualified external sources.
Marketing Policies: Customer grants Exo Performance LLC the irrevocable right to take & use vehicle images for all marketing, owning all generated media, as permitted by Florida law.
Communication Policies: Exo Performance LLC values respectful interactions and strictly prohibits any verbal abuse, intimidation, harassment, or threatening behavior towards its personnel, including the owner and affiliates. Any communication with, expression of intent for service to, or commencement of work by Exo Performance LLC on behalf of a customer shall conclusively constitute the customer's full and unconditional acknowledgment of, and agreement to be bound by, all applicable policies, terms, conditions, and disclaimers, including the zero-tolerance policy outlined herein, which are available for review upon formal written request mailed to Exo Performance LLC.
Teardown and Inspection: Certain repairs may require disassembly for accurate diagnosis and quoting. If you decline the recommended repairs after teardown, you will be responsible for a fee covering removal, disassembly, inspection, and administrative costs; this responsibility extends to any parts damaged or rendered non-reusable during the necessary diagnostic process, and to any inability to fully reassemble the vehicle or affected area if its pre-existing condition renders safe reassembly impossible or impractical.
Personal Property and Insurance: Remove all valuables from your vehicle. The Shop is not responsible for loss or damage to items left in the vehicle. You are responsible for maintaining full coverage insurance on your vehicle while at our shop or being towed at your request. While we will exercise reasonable care, you acknowledge that test driving and towing involves inherent risks, and you are responsible to have adequate towing and insurance coverage.
Payment Default and Lien: In the event of a rejected payment (check, credit card, declined loan financing etc.) not rectified within three (3) days or failure to adhere to a written payment arrangement, Exo Performance LLC may assert and enforce a mechanic’s lien as permitted under Florida law. You are responsible for a repossession fee of $599 (or the current market rate), the original payment amount, are subject to interest and applicable fees, which shall not exceed Florida's legal maximum of per annum simple interest, associated legal and administrative costs, and storage fees ($50/day or maximum allowed by law). You agree not to initiate a stop payment on any accepted form of payment.
Shop Fees and Authorization: A usage fee for shop supplies, incidentals, and customer services will be applied. Quotes are for the complete job, subject to changes required by unforeseen conditions, additional findings during diagnosis/repair, material availability, or as reasonably determined by EXO Performance LLC personnel or its authorized affiliates, at any time. Exo Performance LLC is not liable for delays, loss, or damage from events beyond its control (e.g., weather, disasters, supply issues, government actions). All disputes shall be resolved by binding arbitration under Florida law, with venue only in Lee County, FL. Verbal authorizations, electronic communications, and electronic or written signatures are legally binding approvals. You authorize The Shop to accept verbal approval for additional work beyond the initial estimate, understanding that initially hidden/uncovered repairs and or costs may be required.
Vehicle Operation and Risk: Commencement of work and/or by signing below, you authorize Exo Performance LLC and its employees or affiliates to operate your vehicle for testing, inspection, or delivery. You acknowledge the inherent risks associated with vehicle operation.
Limitation of Liability: To the fullest extent permitted by Florida law, Exo Performance LLC, its owners, and affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from the services provided or the use of your vehicle. Commencement of any work on the vehicle listed herein constitutes Customer's full and unconditional agreement to all terms, conditions, and policies of Exo Performance LLC as outlined herein and in our comprehensive disclaimer. If any provision of these terms is found unenforceable, the remaining provisions shall remain in full force and effect.
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Customer’s initiation of service requests, delivery or submission of a vehicle to Exo Performance LLC, or authorization of work (whether verbal, electronic, or written) constitutes acknowledgment and acceptance of all shop policies, terms, and conditions, regardless of whether the any Exo Performance document is signed.
ADDITIONAL POLICIES & NOTICES
Performance Risk Acknowledgment
High-performance modifications carry inherent risk. Customers fully assume responsibility for vehicle safety, manufacturer warranty impacts, insurance, and legal compliance associated with modifications or tuning.
Legal Compliance
Customers are responsible for compliance with all applicable federal, state, and local laws, including emissions, registration, and insurance requirements.
Shipping & Delivery
Risk of loss, damage, or liability for vehicles or parts remains solely with the customer at all times, whether during transit, delivery, or pickup. Exo Performance LLC (“Exo Performance”) is not responsible for any damage, delay, or loss occurring before, during, or after delivery or pickup.
Terms of Sale / Service Agreement
All sales, services, labor, and parts provided by Exo Performance LLC (“Exo Performance” or “The Shop”) are final. Deposits, prepayments, or partial payments may not be refundable in part or in full under any circumstances. The customer acknowledges that requesting, authorizing, or assuming services—including verbal or electronic approvals—constitutes agreement to pay all costs incurred in connection with the requested service, whether the service is canceled by the customer or by Exo Performance.
Costs include, but are not limited to, labor, administrative time, shop supplies, teardown or diagnostic work, ordered or custom parts, and any other expenses incurred in preparation or performance of the requested service. The total amount due may include costs not previously disclosed, based on expenses incurred by Exo Performance. The customer is liable to pay the full invoiced amount immediately upon billing, regardless of service cancellation, partial authorization, or change in scope.
Exo Performance LLC reserves the right to deny service at any time for any reason, without incurring liability. Exo Performance expressly disclaims any liability for damages, losses, delays, or additional costs arising from service cancellation, change, or refusal to authorize recommended work. All estimates and quotes are for informational purposes only and are not binding. Final costs may vary based on actual labor, parts, materials, and findings during service. Customer acknowledges responsibility for all costs incurred in connection with the requested service, including any additional work required or recommended by Exo Performance. Exo Performance is not responsible for pre-existing vehicle conditions or issues unrelated to the requested services. Exo Performance LLC is not responsible for pre-existing or latent vehicle conditions that are revealed, surfaced, or exacerbated as a result of requested modifications, repairs, or performance services. Customers acknowledge that all modifications carry inherent risk, and they assume full responsibility for any issues, damages, or failures that arise from or are aggravated by such modifications.
By requesting or authorizing services, the customer fully acknowledges and accepts these terms, agreeing to hold Exo Performance harmless from any claims, losses, or damages arising from any aspect of the transaction.