These terms and conditions (the “Terms and Conditions”) govern and apply to all Sport Surfaces LLC customers, any associated websites, mobile sites or applications, products, and other services (collectively, the “Services”). These Terms and Conditions apply to any use of the Services.
The Services are owned and operated by Sport Surfaces LLC. While using the Services, please be aware that your access to and use of the Services and any information or documents offered by Sport Surfaces LLC are subject to these Terms and Conditions. If you choose to continue to use or access the Services after having the opportunity to read these Terms and Conditions, you are indicating your acceptance of the Terms and Conditions and Sport Surfaces LLC Privacy Policy.
If you do not agree with any part of these Terms and Conditions or Sport Surfaces LLC Privacy Policy, you must not use the Services. Sport Surfaces LLC reserves the right to modify these Terms and Conditions at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions. You should regularly review these Terms and Conditions to ensure that you are aware of, understand, and accept any changes made. Your continued use of the Services following the posting of changes to these Terms and Conditions will indicate your acceptance of those changes.
THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. You may not use the Services and may not accept these Terms and Conditions if (1) you are not of legal age to form a binding contract with Sport Surfaces LLC, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

“Customer” as used herein shall refer to the homeowner, community association, and/or management company. Any and all contractual agreements made by the Customer shall be fully binding and cannot be subsequently modified or superseded by reason of a change in Customer Board Members, management company, or its employees, absent the written consent of the contractor.
“Contractor” refers to Sport Surfaces LLC, their agents, servants, employees, and/or subcontractors. Contractor shall furnish all supervision, labor, specified materials, and equipment necessary to complete the agreed upon work for the named property per this proposal. Contractor may substitute any material specified in the proposal as long as it is of equal quality. Customer shall designate one individual to represent the owner(s) in all matters pertaining to the work as it progresses. Any situations or problems which may arise shall be negotiated only between that designated representative and contractor. When working for an association, corporation, or other business entity, Contractor will not negotiate directly with any homeowner, resident, or tenant at any time, under any circumstances. Customer will ensure interference by unauthorized individuals will be avoided so as not to impede the smooth progression of the work.
Customer shall grant the Contractor permission to work in the subject area(s) and shall be required to prepare all work areas so as to be safely accessible and acceptable to Contractor. Depending on the scope of the work, Contractor may have to enter the property using a small pickup truck, skid steers/pavers, all the way to large tri-axle trucks weighing in excess of 20,000 lbs and will require stable access for our equipment. Contractor is not responsible for damages to driveway, grass, pavers, and any other areas required to enter said property for the purposes of construction. Please note that our technicians take great care to minimize this damage. Signage is recommended to more effectively mark the construction area. The Contractor is not responsible for underground utilities that are not marked or underground pipes that may be crushed/damaged while accessing the construction area. Customer must provide water, electricity, and all necessary hookups at no cost to the Contractor as deemed necessary to perform the work. The Customer shall be responsible for ensuring that all landscaping, grass, and shrubs outside the surface perimeter are lower than the surface itself to aid in proper drainage. In order to drain properly, outdoor courts require a 1” minimum slope per 10’. The Customer shall keep all irrigation systems off during resurfacing work and for 2 days following the completion of work. Damage due to use of any irrigation system will be billed as an additional expense to the Customer. Note: irrigation water may have negative effects on the new surface and should be adjusted to keep water off the court’s surface. Irrigation water will typically stain or discolor court surfaces.
It is understood and agreed that all work is performed “weather permitting”. Contractor will make every effort to timely notify the customer if work is unable to be performed due to weather. In the event the customer cancels or postpones a scheduled day’s service without providing Contractor at least 48 hours’ notice, the customer agrees to an additional mobilization fee of $475.00.
If required, this proposal does not include the cost of permit fees, engineering, drafting, blueprints, inspection fees, impact fees, or any other fees which may be required from the various agencies or municipalities having jurisdiction. Such fees, if required, are billed as incurred, and any required ancillary fees will be billed in addition to the cost of the actual permit.
Change orders, additions, or extras requested by the customer, contractor, or municipality will be invoiced as an addition to the base contract and shall not delay payment of the original contract sum.
Contractor shall not be liable for damages which are preexisting as of the date of commencement of the work to be performed under the contract. Damages can include but are not limited to people, pets, wildlife, vandalism, etc. To this end, Contractor will inspect each area prior to commencement of work in that area. The Contractor accepts no responsibility for repairs done by anyone other than Sport Surfaces LLC.
Existing damages, if any, will be noted and documented by photographs and/or written form. Customer understands and agrees that areas of unforeseen damaged or delaminated coatings and/or substrates/surfaces may be evident and disturbed during the operation and agrees to hold harmless the contractor from any and all liability in the event existing coatings, caulking, sealants, substrates, or surfaces shall peel, flake, delaminate, or otherwise affect the newly surfaced area. Furthermore, areas of aesthetic, profile, or texture differences will remain or may become more obvious with the removal of existing coatings, caulking, sealants, or substrates. The absence of a vapor barrier or curing agent on concrete or topical waterproofing agents added to the concrete voids any warranty implied or expressed in writing or otherwise.

Cracks in a playing surface can be caused by many reasons. However, the most common are surface cracks & structural cracks. Surface cracks are caused by the aging surface material that becomes brittle and causes surface cracks that are generally small in width. The structural type of crack is caused by subsurface settling and is generally wider. They extend from the subbase into the aged playing surface and are caused by subsurface settling and an aged playing surface which then causes a wider deeper crack formation. This proposal includes a scope of work designed to treat the cracked areas; however, they may reappear in the same area at any time or form in new areas at any time. When these issues occur, it is not under warranty. If total elimination of cracks is desired, total reconstruction may be required. Please speak to your Sport Surfaces licensed and certified professional to discuss this option.
Contractor shall require a staging area for equipment and materials to be stored on site, and the Customer will make every effort to provide such an area. At the end of each workday, all equipment, supplies, vehicles, etc., shall be returned to that area and the actual working area left clean to the maximum extent possible. Protection of this storage area is the sole responsibility of the Contractor and shall be undertaken in a clean, safe, orderly, and acceptable manner. The Contractor is not responsible for trafficking, paint tracking, or damage to contracted surfaces due to persons trespassing in designated work areas.
The Customer will furnish stable access to the site for equipment and material. PLEASE NOTE: DEPENDING ON THE TYPE OF PROJECT WE MAY ENTER WITH LARGE TRUCKS WEIGHING IN EXCESS OF 20,000 LBS AND REQUIRE STABLE ACCESS. DAMAGES TO DRIVEWAY, GRASS, AND ANY EGRESS REQUIRED IN ORDER TO PROVIDE SERVICES WILL BE THE CUSTOMER’S RESPONSIBILITY TO REPLACE. OUR OPERATORS WILL DO OUR BEST TO MINIMIZE DAMAGE BUT SOME DAMAGE IS UNAVOIDABLE DUE TO THE SHEER WEIGHT OF OUR EQUIPMENT. The customer must provide a clean water supply and electrical feed at the job site within 100’ for construction use.
Unless otherwise specified, the repair of root-damaged asphalt is not included. Should our field technician discover such root damage, repairs will be made at an additional charge of $12.00/sf of the area repaired.
The Contractor accepts no responsibility for acts by anyone at the job site except for those subcontracted or employed by Sport Surfaces LLC. The Customer shall keep all sprinkler systems off during resurfacing work and for 1 day following the completion of work. Damage due to the sprinkler system will be billed as an additional expense to the owner.
The Contractor shall be solely responsible for the repair or replacement of any damage caused by its employees or by the materials used to perform the work contracted. Contractor has the first right of repairing or replacing a damaged area caused by the Contractor’s employee. The Customer agrees to provide Contractor with notice of the discovery of any damaged areas within 24 hours. If Contractor assumes responsibility for such damages, Contractor reserves the right to make its own repairs or to hire an appropriate other contractor to do so. Damage caused by contact with irrigation, electrical, and utilities is to be repaired by the Customer at their sole expense. Contractor is not responsible for damage to underground utilities, i.e., water, sewer, irrigation, electrical, or any landscaping or sod. This Contractor makes no warranty that after the work is completed all standing water will be eliminated. The customer understands and agrees that small depressions and standing water may still occur in any area of the court surface(s).

If production is halted due to circumstances beyond our control, permit issues, or failure to receive progress payments, a $500 re-mobilization fee shall be charged to pay for crew downtime, gas, and expenses.
The Contractor shall thoroughly and expediently clean up all debris, materials, drums, trash, etc., upon job completion. Clean-up will be conducted on-site, and a wash-down area is required to rinse squeegees, brooms, and containers. Contractor will do its utmost to protect the surrounding areas; however, Contractor is not responsible for any paint residue that may remain in any wash-out areas. Please note that the grass on the staging area may become damaged, and we are not responsible for sod replacement as it is nearly impossible to prevent and sod replacement was not included in our estimates.
If a dispute arises over any aspect of this contract, prior to the commencement of any civil litigation, the Customer agrees to participate in one session of mediation to attempt to resolve such dispute. The cost of the mediation shall be borne 50-50 between Contractor and Customer. This provision SHALL NOT be binding upon Contractor if the matter pertains to the collection of any unpaid invoice(s). Should any of the provisions of this Agreement be found to be void for any reason, only such void portions shall be unenforceable, and the remaining conditions or portions thereof shall remain in full force and effect. Venue for any litigation that may arise shall be Palm Beach County, State of Florida.
If it becomes necessary for the Contractor to hire an attorney to enforce any provision of the contract, including the collection of unpaid invoices, the Contractor shall be entitled to recover from Customer all its court costs and reasonable attorney’s fees incurred prior to suit, as well as in litigation, appeal, and in any bankruptcy or administrative proceedings.

Clients in states other than Florida and New Jersey are required to pull all permits should they be required. All communication with the building department will be the customer’s responsibility to deal with any permitting issues directly with the local building department. Any permitting issues will be exclusively the customer’s responsibility, including any costs associated with re-mobilization due to permit issues or stop-work orders.

Many communities’ HOA’s and board of directors have intricate by-laws that include but are not limited to parking fines, weight restrictions, and other restrictions that could potentially lead to fines against Sport Surfaces or our associates. Should any fines be levied against Sport Surfaces or its associate, they will be paid for by the customer

Warranty is non-transferable and only covers the original owner. The warranty shall become void should payment terms not be met. A maintenance manual for hard courts is available online at sportsurfaces.com and must be followed along with a yearly inspection to keep the warranty in effect. Inspections can be scheduled at warranty@sportsurfaces.com. Please note that debris from trees, dirt, chemicals, and other deleterious materials can cause extensive damage to the surface and must be removed promptly to avoid damage to the surface, thus voiding out the warranty. We offer a maintenance agreement, and it is highly recommended to enroll in this program.

Whether attributable to contract, warranty, tort (including negligence), strict liability, or otherwise, Contractor’s responsibility for any claims, damages, losses, or liabilities arising out of or related to its performance of this contract, including but not limited to any correction of defects under the warranty, shall not exceed the cost to correct. In no event shall Contractor be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including but not limited to damages claimed for loss of use of productive facilities or equipment, lost profits, governmental fines or penalties, lost production, or nonoperational or increased expense of operation. This is irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability, or otherwise specified.
This Contractor disposes of all waste material in a suitable fashion to include recycling. There will be a $500.00 disposal fee added to the final invoice for proper disposal of all waste material. Customer agrees to an additional fuel surcharge of $35.00 to be added to the final invoice for any job farther than 15 miles from the Contractor’s warehouse location 7011 Wilson Rd. West Palm Beach, FL 33413.
The court area(s) will be closed during the work in progress and will remain closed until the work is complete. It is the Customer’s responsibility to have all irrigation turned off, have no landscaping done while work is in progress within 50 feet of the court surface, and to allow no foot traffic other than Contractor in the work areas while the courts are closed during the work period and 48 hours thereafter. Any damage caused by such intrusions will result in an additional charge to repair the work area solely at the Customer’s expense. It is the Customer’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s).

Recycled asphalt typically works well for tennis/basketball courts. However, there are some instances where deleterious materials can be introduced into the mix during the recycling of old asphalt in the plant. Some of these deleterious materials can be in the form of metals or other oxidants, which can cause stains to appear on the court. Sport Surfaces does not manufacture the recycled asphalt and cannot be held responsible for issues down the road caused by these potential problems. If this is a concern, we recommend going with the upgraded virgin mix design.
By evidence of my signature, I affirm that I have read this contract carefully before signing and having done so, fully agree to be bound by its terms and conditions.

A sale for future services can be canceled by the buyer by notifying Sport Surfaces LLC within three business days from the date the buyer signed the contract. A written notice sent by mail must be postmarked by no later than midnight of the third business day after the contract date and mailed to 7011 Wilson Rd. West Palm Beach, FL 33413. Due to potential labor shortages, equipment issues, or other unforeseen circumstances, Sport Surfaces LLC reserves the right to cancel a project at any time. In the event of cancellation, Sport Surfaces LLC will refund the customer’s payment, less any costs incurred for work or expenses related to the project.

The court area(s) will be closed during the work in progress and will remain closed until the work is complete. It is the Owner’s responsibility to have all irrigation turned off, to have no landscaping done while work is in progress within 50 feet of the court surface, and no foot traffic other than the contractor in the work areas while the courts are closed during the work period and 48 hours thereafter. Any damage caused by these intrusions may result in damage and additional charges to repair the work area at the owner’s expense. It is the owner’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s). For new construction, the customer must provide us with level ground that is +-1″. Most projects in Florida are flat but if major re-grading is required, the daily charge for the equipment and 2 operators will be $1,500/day. Any addition of fill will be charged at $600/load and this includes spreading, laser grading, and compacting fill. The customer must also provide a dumpster for construction debris purposes. Note: the dumpster may need to be emptied and sent back depending on the type of project and all charges associated with disposal are the customer’s responsibility. The customer is to provide stable access to the construction site. We may have to enter the property with concrete, rock, and other heavy construction equipment that can cause damage to driveways, grass, and pavers along with underground pipes/sprinkler systems. While we will do our best to avoid any type of damage, it is impossible for some damage to occur due to the sheer weight of the equipment required to do the work. We are not able to estimate how much damage may or may not occur and therefore have not included any type of repairs associated with this, including the replacement of sod, driveways, pavers, etc. We will level any damaged grass areas and will be able to replace sod at a cost of $750/pallet.

The Customer acknowledges that inflation is affecting the prices of materials, fuel, and labor. Increases in any of these areas will be subsequently passed onto the customer to cover any increases to Sport Surfaces costs. Should increases in materials, labor, or fuel occur, an email detailing these amounts will be sent out, and this amount will be due to cover these additional costs.

It is the customer’s responsibility to provide storage for our equipment, materials, and tools during the construction/resurfacing process. If we are unable to store our equipment, materials, and tools on-site, a storage rental fee + $250 processing fee to find suitable storage will be charged to the customer.

Sport Surfaces will provide our customers with a (24) hour notice via email along with a telephone call advising you that the project will be closed out the following day. Our project managers shall provide you with a 2-3 hour window where the inspection will take place. It is imperative that either the owner or an owner’s representative is present at that time to walk the project and sign off so that we can demobilize and mobilize to our next project. Note: most of our projects require our crews to stay in hotels and receive a per diem reimbursement which is very costly, making it imperative that we close out projects expediently. For the customer’s convenience, project closeout can be done via WhatsApp or FaceTime video chat. We will provide you with the necessary digital documentation to close out the project and provide you with the necessary warranty. Should punch list items be found, the balance of the contract minus 10% will be due immediately on the initial walk-through. The punch list items will be addressed and corrected, at which time another inspection will be performed under the same terms, and final payment will become due upon acceptance. Should the customer fail to close the job out at the specified time, the job will be considered closed, and if any repairs are required, a $750 callback fee will be charged to cover re-mobilization costs.

Notwithstanding any provision contained in any Contract Documents requiring arbitration, both parties agree that any specific dispute under this contract with a claim less than $150,000.00 shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, upon Contractor’s election. Each such dispute which is submitted to arbitration shall be heard before the American Arbitration Association in the State, which shall be West Palm Beach, Florida, in the case of projects located in Florida or states served by the West Palm Beach office of the American Arbitration Association, unless the Contractor and Subcontractor agree on some other location. All disputes (single or aggregate) which exceed $250,000.00 or where injunctive relief is sought shall be decided by a court of competent jurisdiction, and trial by jury is expressly waived. The parties agree, upon Contractor’s written demand, to become a party to and be bound by any arbitration proceeding involving the Contractor, the Architect, or the Owner to the extent that such proceedings involve any of the rights or obligations of the parties under this contract. Parties agree to attempt in good faith to resolve any dispute arising out of or relating to this contract by non-binding mediation with a mediator mutually agreed to by the parties. Mediation shall be initiated by a written request from either party to the other specifying the dispute(s) to be mediated. Such mediation shall be a condition precedent to the commencement of litigation or arbitration, unless delay would irrevocably prejudice either party, in which event the litigation or arbitration, as the case may be, may be commenced but shall be stayed pending mediation under this provision. If the dispute has not been resolved pursuant to the mediation procedure within 30 days of the commencement of such procedure, which shall mean the first joint session with the mediator, the dispute shall be determined in accordance with the provisions of the first paragraph of this section. The fees and expenses of the mediator shall be borne equally by both parties.

WHEREAS, the Company is engaged in the business of sports construction, including but not limited to the installation, repairs, and maintenance of sports surfaces: including but not limited to tennis, pickleball, bocce ball, basketball, volleyball, soccer, padel, and hockey courts.
WHEREAS, the Customer desires to engage the Company for its services; and
WHEREAS, the Company has invested considerable time and resources in training its employees, crews, and subcontractors.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:
Non-Solicitation of Employees, Crews, and Subcontractors 1.1. During the term of this Agreement and for a period of thirty-six (36) months following the termination or expiration of this Agreement, the Customer agrees not to directly or indirectly solicit, hire, or engage any employee, crew member, or subcontractor of the Company without the prior written consent of the Company. 1.2. The Customer agrees not to encourage or induce any employee, crew member, or subcontractor of the Company to terminate their relationship with the Company.
Confidentiality 2.1. The Customer acknowledges that during the course of the business relationship with the Company, it may have access to confidential and proprietary information about the Company’s employees, crews, and subcontractors. The Customer agrees to keep all such information confidential and not to disclose it to any third party without the prior written consent of the Company. 2.2. This confidentiality obligation shall survive the termination or expiration of this Agreement.
Remedies 3.1. The Customer acknowledges that any breach of this Agreement may cause irreparable harm to the Company and that monetary damages may not be sufficient to compensate the Company. Accordingly, the Customer agrees that the Company shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity. 3.2. In the event of a breach of this Agreement, the Customer agrees to reimburse the Company for any and all losses, damages, costs, and expenses (including reasonable attorney’s fees) incurred by the Company as a result of such breach.
Miscellaneous 4.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4.2. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 4.3. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether written or oral, regarding the subject matter herein. 4.4. Amendments. This Agreement may be amended only in writing signed by both parties. 4.5. Waiver. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce it at a later time. 4.6. Assignment. This Agreement shall not be assigned by the Customer without the prior written consent of the Company.

Privacy Policy & SMS Messaging Policy

Sport Surfaces LLC

Privacy Commitment

Sport Surfaces LLC is committed to protecting your privacy and safeguarding the personal information you share with us. This Privacy Policy explains how we collect, use, store, and protect your information, and the choices you have regarding how your information is used.

This policy is designed to help you:

• Request information related to Sport Surfaces products and services

• Receive responses to your inquiries

• Schedule estimates, services, and project-related communications

• Utilize website-based services

• Allow us to improve our services through internal analysis and research

Information Collection & Use

We collect personal information only when you voluntarily provide it to us. This may occur when you submit a quote request, contact us through our website, communicate with our team, or otherwise engage with our services.

Financial information, when provided, is used solely to process transactions you authorize.

Personal information is used only for legitimate business purposes related to providing services you request. We do not sell, rent, or share your personal information with non-affiliated third parties for marketing or promotional purposes.

We may disclose information if required by law.

Data Security

We use commercially reasonable administrative, technical, and physical safeguards to protect your personal information. Access to personal data is restricted to authorized personnel who require it to perform their job duties.

Website Usage Data

You may visit Sport Surfaces websites without providing personal information. Our servers may collect non-identifiable usage data (such as pages viewed and time spent on the site) for analytics and website improvement purposes only.

Contact Information

If you have questions regarding this Privacy Policy, you may contact us through the website contact form or by mail at:

Sport Surfaces LLC
Licensing and Permits Department

SMS Messaging Policy

SMS Consent

SMS messages are sent only to users who have provided explicit consent.

Consent is obtained through one of the following methods:

• Selecting an unchecked opt-in checkbox on a website form that clearly discloses SMS terms, or

• Providing verbal consent during an inbound phone call using an approved opt-in script

Submission of a form, sending an email, or general website use does not constitute consent to receive SMS messages.

Types of SMS Messages Sent

SMS messages from Sport Surfaces may include:

• Estimate confirmations and follow-ups

• Project scheduling and coordination

• Project status updates

• Customer service communications

Promotional or marketing SMS messages are sent only to users who have specifically opted in to receive them.

SMS Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
SMS consent and opt-in data are not shared, sold, rented, or transferred for any purpose.
All SMS data is used solely to deliver messages requested or initiated by the user.

Sport Surfaces is the sole sender of all SMS messages and does not send messages on behalf of third parties.

Message Frequency & Fees

• Message frequency varies depending on customer interaction and project activity

• Message and data rates may apply

Opt-Out & Support

• Reply STOP to any SMS message to opt out

• Reply HELP for assistance

Opting out of SMS marketing messages does not necessarily prevent receipt of non-marketing messages such as transactional,

administrative, or service-related communications, where permitted by law.

Text Messaging & Mobile Data
No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. Text messaging opt-in data, consent, and phone numbers are not shared with any third parties under any circumstances, except as required by law.

Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Data Storage

All phone numbers, consent records, and messaging preferences are securely stored in our Salesforce CRM, including opt-in status and consent source.

Disclaimer Regarding Fees and Services

This fee does not include, and our services do not cover, the following unless expressly agreed upon in writing:

• Architectural design or preparation of plans
• Zoning actions, land use amendments, or platting
• Board of adjustment requests or any public appearances
• Environmental studies, reports, or assessments
• Structural design or geotechnical analysis
• Survey work or related activities
• Landscape and irrigation plans, including landscaping consultants
• Photometric plans or lighting analysis
• Florida Department of Environmental Protection (FDEP) water and sewer permitting
• Impact fees or assessments
• Signage design, fabrication, or permitting
• Transportation analysis or traffic studies
• Off-site drainage studies or roadway improvement designs
• Fire line calculations or fire protection system design
• Reimbursable expenses such as printing, facsimiles, telephone charges, courier services, etc.
• Permit application fees or any fees required by regulatory agencies for project approval

The client will be responsible for any additional fees or services not explicitly covered under this agreement. Any services required outside the scope of this fee structure will be billed separately.

RIGHT OF RESCISSION, PROJECT COMMENCEMENT, PERMITTING, CANCELLATION & TERMINATION

1. Right of Rescission (72-Hour Cooling-Off Period)

Owner shall have a seventy-two (72) hour right of rescission from the date this Agreement is executed to cancel this Agreement without penalty, only if applicable under Florida law, provided written notice of cancellation is delivered to Contractor within such period in the manner required by law.

If Owner timely exercises this right of rescission, Contractor shall refund all payments received in accordance with applicable law.

Upon expiration of the 72-hour rescission period (if applicable), this Agreement becomes fully binding, and all deposits and payments shall thereafter be governed exclusively by the cancellation, termination, and payment provisions contained herein.

2. Owner Cooperation (Material Obligation)

Owner shall timely provide all information, approvals, documents, access, and decisions reasonably required for Contractor to perform the Work, including but not limited to surveys, HOA approvals, utility information, signatures, and site access.

Owner’s failure or delay in providing any such items shall constitute Owner-caused delay. Contractor shall not be responsible for delays, additional costs, or schedule impacts arising therefrom, and Contract time shall be extended accordingly, with any resulting additional costs treated as a Change Order.

3. Permitting Initiation Timeline

Contractor shall have up to thirty (30) calendar days from the later of:
(a) execution of this Agreement, or
(b) receipt of all required Owner-provided information, approvals, and documentation

to initiate the permitting process.

4. Definition of Permitting Process; Project Deemed “In Process”

The permitting process shall be deemed to have commenced once Contractor begins any work related to permit approval, including but not limited to gathering information, preparing drawings, coordinating with third parties, submitting applications, responding to comments, or communicating with authorities having jurisdiction.

Once the permitting process has commenced, the Project shall be deemed “in process,” and Owner’s right to cancel without financial responsibility is extinguished.

5. Construction Start Timeline

Contractor shall have up to ninety (90) calendar days from permit issuance to commence physical construction of the Work, subject to weather, material availability, scheduling, force majeure events, and Owner cooperation.

6. Termination by Owner for Convenience

Owner may terminate this Agreement for convenience only by written notice. Upon such termination, Owner shall immediately pay Contractor for:

(a) all Work performed through the effective date of termination;
(b) all incurred and non-cancelable committed costs;
(c) Contractor’s allocable overhead associated with the Project; and
(d) Contractor’s lost profit on the unperformed portion of the Work, as reasonably anticipated at the time of contract execution.

Owner acknowledges that such amounts represent fair and reasonable compensation and are not a penalty.

7. Permitting, Zoning, or Site Constraint Termination

If permitting requirements, zoning conditions, site constraints, or governmental approvals require modification of the scope of Work, and Owner refuses to approve such modification or associated Change Order, such refusal shall constitute a termination for convenience under Section 6 above.

8. Force Majeure

Contractor shall not be deemed in breach for delays, suspensions, or increased costs caused by events beyond Contractor’s reasonable control, including but not limited to acts of God, weather conditions, material shortages, manufacturer delays, transportation disruptions, labor shortages, governmental actions, or permitting delays.

Contract time shall be equitably extended, and additional costs, if any, shall be treated as a Change Order.

9. Limitation of Damages

To the fullest extent permitted by Florida law, Contractor shall not be liable for consequential, incidental, special, or indirect damages, including but not limited to loss of use, loss of profits, loss of financing, or delay damages.

10. Exclusive Remedies

Owner’s sole and exclusive remedies for any claim arising out of or relating to this Agreement shall be limited to those expressly set forth herein.

11. Severability; Survival

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. All payment obligations, termination rights, limitation of liability provisions, dispute resolution provisions, and attorneys’ fees provisions shall survive termination or completion of the Work.

12. Attorneys’ Fees; Interest

The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover reasonable attorneys’ fees and costs, including fees incurred pre-suit, at trial, and on appeal. Past due amounts shall accrue interest at the maximum rate allowed by law.

13. AAA Construction Arbitration Clause

DISPUTE RESOLUTION; AAA MEDIATION AND BINDING ARBITRATION (CONSTRUCTION)

A. Good-Faith Negotiation.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Work (“Dispute”) shall first be addressed through good-faith negotiation. Either party may initiate negotiation by written notice describing the Dispute. The parties shall confer within ten (10) business days of such notice.

B. Mandatory Mediation (AAA).
If the Dispute is not resolved through negotiation, the parties shall participate in non-binding mediation administered by the American Arbitration Association (“AAA”) in the county where the Project is located within forty-five (45) days after the negotiation conference. Mediation fees shall be shared equally, subject to reallocation under Section F.

C. Binding Arbitration (AAA Construction Rules).
If the Dispute is not resolved by mediation, the Dispute shall be resolved by binding arbitration administered by AAA under the AAA Construction Industry Arbitration Rules in effect at the time the arbitration is filed, as modified by this clause. The arbitration shall be heard by one (1) arbitrator.

D. Venue; Arbitrator Qualifications; Expedited Schedule.

1. Venue: Arbitration shall take place in the county where the Project is located, unless the parties agree otherwise in writing.

2. Arbitrator Qualifications: The arbitrator shall have at least ten (10) years of experience in construction law, construction defect, or construction contract disputes (attorney, engineer, architect, contractor-arbitrator, or retired judge with construction case experience).

3. Expedited Timing: The evidentiary hearing shall occur within 120 days of the arbitration demand, unless extended by the arbitrator for good cause. The arbitrator shall issue a reasoned written award within 30 days after the hearing closes.

E. Discovery Limits (Cost Control).
Discovery shall be limited to the following, unless the arbitrator determines additional discovery is necessary to prevent unfairness:

• Up to ten (10) requests for production per party;

• Up to twenty-five (25) interrogatories per party;

• Up to two (2) depositions per party (maximum 4 hours each);

• Exchange of all exhibits and witness lists at least 14 days before hearing.

F. Attorneys’ Fees; Costs; Interest (Prevailing Party).
The arbitrator shall award the prevailing party its reasonable attorneys’ fees and costs, including AAA administrative fees, arbitrator compensation, mediation fees, expert fees, and court reporter fees, to the fullest extent permitted by Florida law. The arbitrator may award pre-award and post-award interest at the maximum rate allowed by law.

G. Interim / Emergency Relief; Mechanic’s Lien Rights Preserved.
Nothing in this clause prevents Contractor from seeking temporary, emergency, or injunctive relief in a court of competent jurisdiction to protect persons, property, access, evidence, or the Work. Nothing herein waives or limits Contractor’s mechanic’s lien rights, including recording and enforcing a lien. Any lien foreclosure action may be filed in the courts of the county where the Project is located.

H. Confidentiality.
The arbitration proceedings, filings, testimony, and award shall be confidential except as necessary to enforce the award, pursue lien rights, comply with law, or as otherwise required by law.

I. Acknowledgment of Arbitration; Waiver of Jury Trial.
BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO ARBITRATION.

Sport Surfaces LLC

7011 Wilson Rd.

West Palm Beach, FL. 33413

We reserve the right to change this policy at any time by posting a new Privacy Policy as well as a terms and conditions policy. We advise our customer to check for updates.