CASA COURTS, LLC TERMS & CONDITIONS

CASA COURTS, LLC (“Company”) agrees to install, and Customer agrees to purchase game court installation services (“Work”) on the Customer’s property (“Property”) in accordance with the specifications set out in the quote (“Quote”) attached hereto. SIGNING OF THIS QUOTE BY CUSTOMER ESTABLISHES A BINDING AGREEMENT BETWEEN THE PARTIES. If Customer does not provide a signed copy of this Quote to Company within thirty (30) days of the Quote date, this Quote will be considered void and invalid, and Customer must acquire a new Quote from Company.

CUSTOMER’S AND COMPANY’S DUTIES AND OBLIGATIONS: Customer and Company agree that this Agreement and all obligations of the parties hereunder, shall be governed by the following Terms and Conditions:

PRICING AND PAYMENT: Customer agrees to pay for the Work in accordance with the Pricing and Payment terms herein. The Price stated on this Quote is subject to change only if the Work specification or terms of this Agreement are changed by a written change order signed by the Customer and Company. A 3% service fee will be applied to all Credit/Debit card payments. A $30.00 fee will be applied to any NSF Checks. Customer understands and agrees that Company may file a lien against Customer in the event of non-payment by Customer.

CUSTOMER PAYMENT OBLIGATIONS: In the event payments are not made by Customer as required by this Agreement, Company may, in its sole discretion, cease all Work until payment is received. If Customer is delinquent in the amounts owed herein, Customer agrees to pay interest in the amount of 1.5% monthly or 18% per annum on all unpaid amounts. If completion of the Work is delayed by causes under Customer’s control (including non-payment or failure to acquire HOA approval) for a period of more than fifteen (15) days, Customer agrees to pay any increased labor, material, and equipment cost resulting from Customer’s delay, and Customer will be responsible for all damages incurred by Company resulting from any such delays.

OBLIGATIONS OF CUSTOMER: Customer is required at its expense to do all acts necessary, and to meet all conditions necessary, to allow Company to complete the Work. Customer is solely responsible for acquiring any necessary variance, homeowner association (“HOA”) approvals, and paying any HOA permits or fees associated with the scope of the Work, and Customer represents that it has acquired such approval. Company shall not be responsible for HOA restrictions, or any other impervious cover restrictions.

LAWN SIGNS: Customer grants Company permission to display a lawn sign in Customer’s front yard starting at least one day before Company begins Work, during the Work, and for at least one day after Work is finished. Once that period ends, the sign is Customer’s to discard.

REPRESENTATIONS OF CUSTOMER: Unless otherwise specifically provided in the Work, Company has entered into this Agreement based upon the following assumptions of facts and warranties of Customer: (a) that Customer will provide adequate access to the Property or through adjacent property for Company to do the Work, at no cost and without liability to Company. If Customer authorizes access to adjacent properties for Company’s use during the Work, Customer will obtain permission from the owner(s) of adjacent properties for such use, and Customer agrees to be responsible and to hold Company harmless from any risks or claims in any way related or associated with such access or use of same; and (b) that all areas to have court installation pursuant to this Agreement are in good repair. If any of the foregoing assumptions of fact are not true, and any items or property are damaged by Company during performance of the Work to be performed, then Customer agrees that Company will have no liability to Customer for such damages or resulting from such damages, and Customer shall pay the actual cost of labor, materials, equipment, and permits required to restore the Property and adjacent property and items.

Customer shall advise Company as to the existence of gophers, moles, deer, or any other animals which may inhabit the Property. Company will use reasonable efforts to reduce possible damage arising from the presence of such animals, but Company shall not be responsible for any damage caused by animal presence. Such damage to the court or adjacent areas is not covered under Company’s limited warranty, and Customer shall be responsible for additional charges incurred by Company to repair such damages, either during or after completion of the Work.

Customer agrees to prohibit anyone other than Company’s installation team from entering or walking on the existing install site during construction due to risks of injury to people and pets from sharp blades, tools, glues, and other hazards. Customer understands and agrees that entering onto the Work site may ruin the material being installed and may expose people and pets to hazards for which the Company will not be liable.

OBLIGATIONS OF COMPANY: Company will carry general liability insurance. Subject to the terms of the limited warranties and exclusion of liabilities set out below, Company shall perform its Work under this Agreement in a good and workmanlike manner. Company does not guarantee completion of the Work by any specific date but will work diligently to complete the Work following the execution of this Agreement.

LIMITED WARRANTIES AND EXCLUSION OF LIABILITIES:

UPON COMPANY’S FULL RECEIPT OF ALL PAYMENTS REQUIRED BY THIS AGREEMENT AND CUSTOMER’S FULL COMPLIANCE WITH ALL TERMS OF THIS AGREEMENT, COMPANY WILL PROVIDE A LIMITED WARRANTY, SUBJECT TO THE FOLLOWING TERMS, THAT THE WORK WILL BE FREE FROM DEFECTS IN WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE THE WORK IS COMPLETED.

Limited Warranty Exclusions:

Company’s installation one-year Limited Warranty does not cover damage caused by humans, pets, animals and/or insects.

Company shall not be responsible for any damage caused to utilities, including wires, underground lines of any kind and/or water pipes during installation. Company recommends that Customer have all such wires, underground pipes and other utilities clearly marked before the Work begins.

PLAYGROUNDS - LIMITATION OF LIABILITY / DISCLAIMER OF RESPONSIBILITY FOR INJURIES: If Customer elects to have a court installed in a playground or any area used in connection with a playground, Company shall not be held liable for any injuries, damages, or losses sustained by any person or entity arising out of or related to the use of the playground or similar areas upon which the court has been installed, except to the extent directly caused by Company’s gross negligence or willful misconduct during installation. Customer acknowledges and accepts that the use of playground equipment and surfaces involves inherent risks of injury, and that it is Customer’s sole responsibility to maintain the playground and court in a safe condition following installation. Company makes no representation or warranty, express or implied, as to the safety or fitness of the playground for any particular purpose beyond the scope of the installation work performed. This limitation shall apply regardless of the theory of liability, including but not limited to negligence, tort, contract, or strict liability. Company recommends that Customer have a certified playground safety inspection done when the project is completed.

SEPTIC SYSTEMS DISCLAIMER: Customer acknowledges that the installation of courts over or in proximity to a septic system, including but not limited to septic tanks, leach fields, drain fields, or any related components (collectively, the “Septic System”), involves inherent risks. Such risks include, without limitation, potential physical damage to the Septic System, impaired performance or reduced functionality of the Septic System, and possible resulting environmental, structural, or property complications. Customer understands and agrees that Company shall have no responsibility or liability whatsoever for any damage, malfunction, failure, or other adverse condition of any kind, whether direct, indirect, consequential, or otherwise, arising out of or relating in any way to the installation of a court over or near the Septic System. By authorizing or permitting installation in these areas, Customer knowingly and voluntarily assumes all associated risks and waives, releases, and forever discharges Company, its officers, employees, agents, successors, and assigns, from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses (including, without limitation, repair or remediation costs and loss-of-use damages) arising from or relating to such installation. Customer further acknowledges and agrees that Company’s limited warranty covering installation and labor, as well as the court material manufacturer’s limited warranty on the court product, are void and inapplicable with respect to any court installed over or in proximity to a Septic System. No warranty of any kind shall apply in these areas. COMPANY WILL NOT INSTALL A COURT OVER OR NEAR A SEPTIC SYSTEM UNLESS AND UNTIL CUSTOMER EXECUTES COMPANY’S SEPARATE SEPTIC SYSTEM CONSENT, RELEASE, AND INDEMNIFICATION AGREEMENT, WHICH IS AVAILABLE TO CUSTOMER UPON REQUEST.

Company shall not be responsible for any damage that may occur to driveways, walkways, paths, decks, patios or similar structures, including but not limited to cracking, during the course of delivering base materials or other materials. Company shall exercise due care and make reasonable efforts to mitigate any such damage that may potentially arise from the delivery of such material.

IRRIGATION SYSTEMS: Customer must have all irrigation system components, including underground pipes and all sprinkler heads, clearly marked before the Work begins. Customer must test its sprinkler system before Company leaves on the final day of the Work. Company shall not be liable for irrigation system not working after completion of Work, including damage to any irrigation pipes, sprinkler heads, or components under or surrounding the Work area. CUSTOMER ACKNOWLEDGES THAT COMPANY IS NOT AN IRRIGATION INSTALLATION OR REPAIR COMPANY. CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGE, INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES, CAUSED BY ANY SPRINKLER, PIPING, OR OTHER IRRIGATION SYSTEM ISSUES. In order to avoid costly repairs to the court due to irrigation component failures in the future, Company recommends that Customer remove/reroute all sprinkler underground pipes and other irrigation components located under the area that the court is to be installed.

Company shall not be liable for damage to, or the health and survival of, any trees or plants located in or near the court installation area. When a court is installed over or near tree roots, Company shall not be liable for any resulting buckling, deformation, or cracking of the installed court.

Company is not an insect control company. Any infestation or damage by insects in or around the court shall not be the responsibility of Company.

Company will use reasonable efforts to prevent dirt and fill from entering swimming pools. Company shall not be responsible for damage to pools, pool tiles, coping, decking, or patio furniture, and recommends that Customer cover pool and surrounding areas prior to installation.

Concrete is susceptible to cracking, and such cracking is to be expected, even on newly constructed courts, albeit typically more hairline in nature. Company will use reasonable efforts to address cosmetic issues that arise within one year from the date the Work is completed.

A newly surfaced court might have tool marks or squeegee lines from the application procedure. Such marks and lines are normal and may not be avoidable. Company will use industry reasonable efforts to mitigate line bleeding. Scuffing on a new surface is normal and expected. The highly textured court surface will scuff balls and shoes and leave marks as it wears by design.

Skid steers and other equipment used in the installation of courts may cause ruts in surrounding yards and areas. Company will attempt to minimize such ruts, but it will be the responsibility of Customer to replace the sod and level the area upon completion of the installation. During construction, grassy areas may be used for mixing water-based paint, which is harmless but may show color in the grass for a few weeks. Trailers may be left onsite for the duration of the Work.

Customer shall ensure that there will be: (a) access to water (hose spigot) within 200’ of the court construction with adequate water pressure, and (b) access to power (outdoor outlet) within 200’ of the court construction. Sprinkler systems must be turned off for the duration of the Work as well as the following 48 hours. Pets must be kept inside or away from the court during the Work. There shall be no gameplay or other use of the court during the Work.

DRAINAGE: CUSTOMER ACKNOWLEDGES THAT COMPANY IS NOT A DRAINAGE COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO FOLLOW EXISTING GRADE ON THE PROPERTY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGE CAUSED BY DRAINAGE ISSUES. COMPANY SHALL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY ANY DRAINAGE ISSUES.

FOUNDATIONS AND SOIL STABILITY: Company shall not be liable for any damage, distortion, displacement, or performance issues affecting the court that arise directly or indirectly from adjacent foundation movement, soil instability, subsidence, expansive clay, poor drainage, or any other ground-related conditions. It is the sole responsibility of Customer to ensure that adjacent foundations and soil are structurally sound and suitable for the installation of the court. Any future repairs or replacements required due to foundational movement or soil instability shall be at the sole cost and risk of Customer.

Company’s limited warranty applies to labor only and does not extend to, or cover, the materials installed on the Property. All tile installed as provided for herein carries a warranty solely as provided by the manufacturer, which Company will pass on to Customer. THE TERMS OF SUCH WARRANTY ARE DESCRIBED IN THE TILE MANUFACTURER’S WRITTEN MATERIALS, WHICH WILL BE DELIVERED TO CUSTOMER WHEN THE WORK IS COMPLETE, AND UPON COMPANY’S FULL RECEIPT OF ALL PAYMENTS REQUIRED BY THIS AGREEMENT AND CUSTOMER’S FULL COMPLIANCE WITH ALL TERMS OF THIS AGREEMENT.

VERSACOURT MANUFACTURER WARRANTY: If the court tile provided is defective in materials or workmanship, the manufacturer will replace the defective tile with like product at no cost for the first 5 years, a 50% discount off MSRP in years 6-8, and a 30% discount for life. This does not cover damage caused by accident, improper installation or disassembly, improper care, negligence, abuse, abnormal wear and tear, fitness for use, acts of God, or any other cause not arising out of defects in material or workmanship of the components. The replacement of tiles the manufacturer provides does not cover the labor to complete the work. Shipping is paid for by the manufacturer in the first 5 years and by the customer thereafter.

SLIP HAZARD: Any surface, court tiles included, can be slippery when wet. Court tiles are designed to mitigate this problem as much as possible. While Company always recommends playing in the sunshine and on dry tiles, the grid system design allows for quick drainage and airflow in an effort to minimize downtime. Company does not warranty or indemnify Customer or anyone using the court from any injuries sustained in using the court at any time.

COURT TILE BREAKING/FADING: Although Company does not warrant that the court tiles will not break or fade over time, court tiles are molded from a specially blended high impact Copolymer Polypropylene that helps protect against fracturing during play, while UV stabilizer and antioxidant additives are included to help defend against color fade and tile deterioration.

EXPANSION AND CONTRACTION: Court tiles expand and contract slightly with temperature changes so Company advises a court installation that is 2” to 3” shorter in both width and length than the base material dimensions. Company also recommends trimming tiles at least 1/2” from any obstructions like the basketball goal post, fencing posts, walls, etc.

BASKETBALL GOALS: In the event Customer requests that Company install a basketball goal in conjunction with the Work, Customer acknowledges and accepts that the installation of a basketball goal involves the use of heavy equipment, digging, and anchoring into the ground, which may result in damage to underground utilities, irrigation systems, landscaping, hardscaping, or other property features. By proceeding with the installation, Customer hereby releases and holds harmless the Company, its employees, agents, and contractors from any and all liability, claims, damages, or losses arising out of or related to such installation, including but not limited to property damage or personal injury. Customer agrees to identify and clearly mark the location of any underground utilities or obstructions prior to installation. Customer agrees to indemnify, defend, and hold harmless Company from any and all claims, demands, actions, or liabilities arising from the use of the installed basketball goal, including but not limited to injuries to persons or damage to property, regardless of whether such use is by the Customer, household members, guests, or other third parties.

CONTAINMENT NETTING: In the event Customer requests that Company install containment netting in conjunction with the Work, by proceeding with the installation, Customer hereby releases and holds harmless the Company, its employees, agents, and contractors from any and all liability, claims, damages, or losses arising out of or related to such installation, including but not limited to property damage or personal injury. Customer agrees to indemnify, defend, and hold harmless Company from any and all claims, demands, actions, or liabilities arising from interaction with the installed containment netting, including but not limited to injuries to persons or damage to property, regardless of whether such use is by the Customer, household members, guests, or other third parties.

If Customer has work similar to the Work performed by others on the Property, or any alterations to the court by others, Company does not warrant such work, and Company shall not be held liable for such work or for any loss or damages which may result therefrom.

Approval of Work by Customer shall be deemed to be acceptance of the Work and acknowledgment that Work was performed in a good and workmanlike manner. Customer shall notify Company of any alleged defects or breach of Company’s limited warranty within a reasonable time after discovery, but in no event later than fifteen (15) days after discovery; such notice shall be sent to Company in writing. Company’s limited warranty shall be effective only if Customer has complied with all Terms and Conditions, full payments and other provisions of this Agreement. Defects or failures resulting from vandalism, accidents, abuse, cuts, burns, improper cleaning methods, or use of harsh, caustic chemicals, mistreatment or neglect by Customer, or by weather conditions, including but not limited to hurricanes, tornadoes, hail, and extreme temperature fluctuations will not be warranted. Such defects or failures shall be repaired or serviced by Company if Customer agrees to pay Company for the expense associated with making such repairs.

Company shall provide a reasonable number of free limited warranty visits (“Visits”) during the first ninety (90) days after the completion of the installation. Any additional Visit after 90 days after installation, will be charged a minimum $250 service visit fee. If the service requested is determined to fall under Company’s limited warranty, the site visit fee will be refunded and no additional costs will be incurred for that Visit. Company reserves the right to withhold any limited warranty work if Customer has not paid in full for the Work, or if it is reasonably deemed by Company that Customer is verbally or physically abusive to Company employees or representatives.

The limited warranties provided herein shall be assignable by Customer solely upon a change in ownership of the Property and only during the applicable limited warranty period. Any such assignment shall be effective only if Company receives written notice thereof within sixty (60) days following the change in ownership, which notice must be executed by the original Customer who entered into this Agreement.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE WORK OR ANY IMPROVEMENTS PROVIDED BY COMPANY ON THE PROPERTY, AND COMPANY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATIONS, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN TO THE CONTRARY, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT COMPANY’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD-PARTY, WHETHER IN AGREEMENT, UNDER ANY WARRANTY, IN TORT, IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE WORK PROVIDED UNDER THIS AGREEMENT, OR THE REPAIR OF A CLAIMED DEFECT, WHICHEVER IS LESS.

COMPANY shall NOT be liable to CUSTOMER under any circumstances for PUNITIVE, special, consequential or indirect damages, EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

FORCE MAJEURE: Company shall not be liable for any failure to deliver or complete the Work when such failure or delay is caused (directly or indirectly) by fire, flood, accident, explosion, equipment or machinery breakdown; sabotage, strike or any labor disturbance (regardless of the reasonableness of the demands of labor); civil commotions riots, invasions, wars (present or future), acts, restraints, requisitions, regulations or directions of Government; shortage of labor, fuel, power or raw materials, inability to obtain supplies; failures of normal sources of supplies; inability to obtain delays of transportation facilities; any act of God; any act of Customer; or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of Company.

WORK DAMAGE, STOPPAGE: In the event Work already performed is damaged by any cause beyond Company’s control and Customer elects to cancel the Work, or the Work is ordered terminated by public authority, Customer shall still pay Company the amount agreed to in writing for such Work already performed, or if not so agreed, Company’s cost for labor and materials plus 25% of such cost. If the Work is not canceled or ordered terminated, all work necessary to replace damaged Work already performed shall be considered additional Work to be paid for by the Customer in accordance with the preceding sentence.

MISCELLANEOUS:

Binding Effect: This Agreement shall be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns.

Severability: If any clause or provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then the remainder of this Agreement shall not be affected thereby and in lieu of such clause or provision.

Entire Agreement: The parties hereto expressly acknowledge that the Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and that unless otherwise provided in the Agreement any other agreements or to such matters are hereby superseded and revoked. Further, Customer specifically acknowledges that there were no other verbal representations or agreements made to them by Company and/or any agent, representative or employee of Company that are not included in this Agreement. Customer is relying solely on the terms of this Agreement.

Amendment: The Agreement shall not be modified or amended except by means of a written document signed by all parties. Any written modification shall be in the form of a change order. All change orders shall be in writing and signed by all parties. No verbal pricing, terms or conditions will be valid, unless in writing and attached and made a part of this Agreement.

Debris Removal: Company agrees to remove all its debris and leave the premises in reasonably clean condition.

CANCELLATIONS: BECAUSE OF THE CUSTOM ASSEMBLY PROCESS OF THE WORK, THE SALE UNDER THIS AGREEMENT IS FINAL. CUSTOMER MAY NOT CANCEL OR REVOKE THIS AGREEMENT AFTER ACCEPTANCE OF THE DOWN PAYMENT BY COMPANY. IF CUSTOMER TERMINATES THE ORDER PRIOR TO INSTALLATION, CUSTOMER AGREES THAT COMPANY SHALL BE ENTITLED TO RETAIN THE FULL DOWNPAYMENT AS DAMAGES. COMPANY MAY CANCEL THIS AGREEMENT AT ANY TIME UNTIL THE WORK IS STARTED. IN SUCH EVENT COMPANY SHALL RETURN THE FULL DEPOSIT TO CUSTOMER.