86SunRays

Im not a lawyer, but I do know a fair bit about how civil matters play out in court, and I think there is a fair bit of confusion among some of the replies here.

When you get a "waiver" signed by a customer when installing tint below legal limits, you aren't "waiving" any sort of responsibility to any sort of criminal act.  The actual tint laws have nothing to do with the waiver itself.  All you are accomplishing with the waiver is establishing a written record of the fact that you have explained the tint laws to the customer, they understand them, and that they are electively choosing (in spite of this knowledge) to have you to install tint on their vehicle, which may or may not cause THEM to be in violation of local laws, IF they choose to operate that vehicle on a public roadway.

Not sure about every state, but in MY home state, it's not illegal to install something on to a motor vehicle that would make it's use on roads illegal.  

It is however, illegal for the operator of that vehicle to exit my parking lot, and drive that vehicle onto the roadway.. 

The only thing the waiver does is protect me (the shop) from that driver from trying to transfer the liability (which would be monitary damages) onto my business, and it also waives their rights to any sort of damages, and/or any sort of remedy, relief, or compensation.

In simple terms, it's not illegal to install illegal  tint, it's illegal to DRIVE on the street with illegal tint.

Since I'm not the one driving on the street with "illegal" tint, the onus is on the driver.

The waiver, eliminates their ability to sue me in civil court under the pretext that they a) didn't know that what I was installing on their vehicle would cause them to be breaking the law, b) they assumed that I would warranty the product for fitment for intended purposes, meaning if they are told they can't use it legally, then I have to remove it for them or replace it with a "legal" version at no cost. Or c) reimburse them for any damages associated with the use of the product they purchased from me.

So, yes.. a waiver will absolutely protect your shop from any civil liability that arises from a customer's use of the product you sell them..

And no, it doesn't absolve you from any criminal prosecution, since technically, there is none.  (At least in MY state.. not sure about others).

See also: The "Off-Road use only" warning that comes with nearly ANY racing product, aftermarket exhaust, or vehicle add on available on the market today!  Just because AutoZone sells automotive bullhorns, sirens, and train horns.. it doesn't mean it's legal to use them on the road.. nor does it mean AutoZone is breaking the law selling it to you.. the biggest difference with tint is, we are physically installing the product onto a customer's vehicle, therefore it is MUCH easier for a customer to say in court that they weren't aware that what we we're installing was illegal, hence, we make them prove in writing that they ARE aware, and that they do infact want us to install it anyway.

On 3/24/2018 at 10:29 PM, DynamicATL said:

Can't say anything specific about CA, but if you have a waiver signed stating you are installing a film that is illegal it will be an open and shut case against you.  You are confessing that you are knowingly doing something illegal.  Look at it this way...if you murdered someone because they wanted you too and they gave you are signed waiver stating they asked you to do so, do you think you would be getting off or going to jail?  Simple...jail. 

It's too bad this thread is so old, and has so little activity!  I signed up at tintdude specifically to research this topic!

We're drowning in work (thank the Lord) and we seriously lack in organization, scheduling, and communication between the front of house and the tinters.

I was hoping to find out what a lot of other shops are using to schedule appointments, create work orders, etc..

Hopefully this bump will get some attention and hopefully some replies.

Thanks!