Limited Warranty

Court Repair and Resurfacing Work

This Limited Warranty is incorporated into and made part of the contract between Sport Surfaces LLC (“Contractor”) and the property owner or other contracting party identified in the agreement (“Owner”).

1. Limited Workmanship Warranty

Sport Surfaces LLC warrants that the repair and resurfacing work specifically performed under the agreement will be free from defects in workmanship for a period of one (1) year from the date of substantial completion.

This Limited Warranty applies only to the specific work and areas completed by Sport Surfaces LLC and does not extend to existing pavement, concrete, foundations, subgrade, drainage systems, fencing, equipment, landscaping, or other property not installed or repaired by Sport Surfaces LLC under the agreement.

Covered work may include, as specifically identified in the agreement:

• Asphalt patching and localized pavement repairs
• Crack repair and crack-filling systems
• Concrete patching and localized concrete repairs
• Surface patching and leveling materials
• Acrylic resurfacing and color-coating systems
• Playing lines and striping
• Surface cleaning, preparation, and related work

2. Covered Workmanship Defects

Subject to all exclusions and limitations contained in this Limited Warranty, coverage is limited to defects caused solely by Sport Surfaces LLC’s failure to perform the covered work in a commercially reasonable and workmanlike manner.

Covered defects may include:

• Failure of repair materials caused solely by improper installation
• Loss of adhesion or delamination of acrylic coatings caused solely by improper surface preparation or application
• Premature failure of line striping caused solely by defective application
• Failure of patching or repair materials caused solely by defective workmanship under normal recreational use

The existence of a crack, coating irregularity, discoloration, drainage condition, surface movement, or material failure does not by itself establish defective workmanship.

3. Exclusions

This Limited Warranty does not cover damage, deterioration, movement, failure, or appearance issues caused in whole or in part by any condition outside the reasonable control of Sport Surfaces LLC, including:

• Hairline, cosmetic, shrinkage, expansion, contraction, or reflective cracking
• Reappearance of repaired cracks or development of new cracks
• Settlement, subsidence, heaving, erosion, washout, or structural movement
• Movement or deterioration of existing asphalt or concrete
• Improper, unstable, insufficient, or contaminated subgrade or base materials
• Drainage deficiencies, standing water, hydrostatic pressure, moisture transmission, vapor pressure, or subsurface water
• Moisture or vapor bubbles, blistering, efflorescence, or mineral deposits
• Tree roots, vegetation, insects, animals, underground utilities, pipes, irrigation systems, or concealed conditions
• Improperly functioning drains, gutters, irrigation, plumbing, or adjacent improvements
• Hurricanes, tropical storms, flooding, lightning, wind, hail, fire, freeze conditions, excessive heat, or other weather events or acts of God
• Vandalism, misuse, abuse, negligence, accidents, impact, or unauthorized activity
• Vehicles, heavy equipment, construction traffic, furniture, sharp objects, or excessive loads
• Chemical exposure, fertilizers, oils, solvents, cleaning agents, salt, or contaminants
• Pressure washing, abrasive cleaning, or improper maintenance
• Repairs, alterations, coatings, or work performed by others
• Normal wear, fading, chalking, staining, discoloration, surface contamination, or loss of sheen
• Differences in appearance between repaired areas and existing surrounding surfaces
• Use of the court before materials have fully cured
• Conditions resulting from the Owner’s failure to follow maintenance or use instructions

4. Crack Repair Acknowledgment

The Owner acknowledges that cracks in asphalt and concrete are generally caused by movement within the pavement, slab, base, subgrade, surrounding soil, or structure.

No crack-repair product or system can permanently eliminate future movement or guarantee that:

• An existing crack will not reopen
• A repaired crack will not reflect through a coating system
• New cracks will not develop elsewhere
• Adjacent pavement or concrete will remain stable

The reappearance of an existing crack, reflective cracking, or the development of new cracking is not considered a workmanship defect unless Sport Surfaces LLC determines that the condition resulted solely from improper installation of the specified repair material.

5. Asphalt and Concrete Repair Limitations

Localized asphalt or concrete repairs are intended to improve damaged areas but do not restore an existing court, pavement, or slab to new condition.

The Owner acknowledges that repaired areas may differ from surrounding surfaces in:

• Texture
• Elevation
• Slope
• Porosity
• Density
• Color
• Appearance
• Drainage characteristics

Minor variations, transitions, and visible repair outlines are normal and are not covered by this Limited Warranty.

6. Acrylic Coating Limitations

Acrylic court coatings are field-applied materials whose appearance and performance may be affected by existing surface conditions, temperature, humidity, wind, sunlight, moisture, curing conditions, material batches, application methods, and environmental exposure.

Minor variations in color, texture, sheen, thickness, roller marks, visible repairs, patch outlines, fading, and appearance are normal and do not constitute defective workmanship.

Acrylic coatings are not waterproofing systems and are not intended to correct structural movement, subsurface moisture, drainage deficiencies, or defects in existing asphalt or concrete.

7. Owner Responsibilities

As a condition of warranty coverage, the Owner must:

• Maintain proper drainage around and beneath the court
• Prevent standing water and promptly correct irrigation, plumbing, or drainage leaks
• Keep drains, gutters, and surrounding areas clean and functional
• Prevent vehicles and unauthorized heavy equipment from entering the court
• Avoid dragging equipment, furniture, goals, nets, or other heavy or sharp objects across the surface
• Use only cleaning and maintenance methods approved for acrylic sports surfaces
• Prevent exposure to harmful chemicals, oils, fertilizers, solvents, and contaminants
• Restrict use during curing periods identified by Sport Surfaces LLC
• Promptly report suspected warranty conditions in writing
• Take reasonable steps to prevent further damage after discovering a condition

Failure to perform these responsibilities may void warranty coverage for the affected area.

8. Inspection and Determination of Coverage

Sport Surfaces LLC shall have the right to inspect any claimed defect and determine whether the condition is covered by this Limited Warranty.

The Owner must provide reasonable access to the property and must not conceal, alter, repair, coat, remove, or disturb the claimed condition before Sport Surfaces LLC completes its inspection.

Sport Surfaces LLC may require photographs, maintenance records, drainage information, weather information, testing, or other documentation reasonably necessary to evaluate the claim.

9. Exclusive Remedy

If Sport Surfaces LLC determines that a covered workmanship defect exists, its sole obligation and the Owner’s exclusive remedy shall be, at Sport Surfaces LLC’s option:

1. Repair the defective portion of the covered work;
2. Replace the defective material; or
3. Provide a reasonable credit reflecting the value of the defective covered work.

Sport Surfaces LLC is not required to replace or refinish unaffected areas solely to obtain uniform color, texture, sheen, or appearance.

Any repaired or replaced work will be warranted only for the remaining portion of the original one-year warranty period.

10. Limitation of Liability

To the fullest extent permitted by law, Sport Surfaces LLC’s total liability arising from or relating to this Limited Warranty shall not exceed the amount actually paid to Sport Surfaces LLC for the specific defective portion of the covered work.

Sport Surfaces LLC shall not be liable for:

• Loss of use
• Lost revenue or profits
• Business interruption
• Loss of memberships, reservations, rentals, or programming
• Damage to adjacent property
• Cost of substitute facilities
• Incidental, indirect, special, exemplary, or consequential damages
• Attorney’s fees, consultant fees, testing fees, or expert fees, except where required by law

11. Warranty Claim Procedure

A warranty claim must:

1. Be submitted in writing before expiration of the warranty period;
2. Identify the project, property address, and date the condition was first observed;
3. Describe the claimed defect in reasonable detail;
4. Include photographs or video when available; and
5. Provide Sport Surfaces LLC reasonable access and opportunity to inspect and, if covered, correct the condition.

The Owner may not retain another contractor to repair the claimed condition before Sport Surfaces LLC has inspected it and been given a reasonable opportunity to perform any covered corrective work.

Unauthorized repairs, alterations, coatings, or interference by others will void warranty coverage for the affected area.

12. Nontransferability

This Limited Warranty is issued solely to the original Owner identified in the agreement and may not be assigned or transferred without Sport Surfaces LLC’s prior written consent.

13. No Other Warranties

Except for the express workmanship warranty stated in this document, Sport Surfaces LLC makes no other warranty regarding the covered work.

To the fullest extent permitted by law, all other express or implied warranties, including warranties of merchantability, fitness for a particular purpose, future performance, waterproofing, structural stability, crack prevention, and uniform appearance, are disclaimed.

Manufacturer warranties, if any, are separate from this Limited Warranty and are subject exclusively to the manufacturer’s terms and limitations.

14. Entire Limited Warranty

This document contains the entire warranty provided by Sport Surfaces LLC for court repair and resurfacing work. No salesperson, employee, representative, subcontractor, or other person may expand or modify this Limited Warranty unless the modification is contained in a written document signed by an authorized representative of Sport Surfaces LLC.

This Limited Warranty does not guarantee the future condition or performance of existing asphalt, concrete, foundations, subgrade, drainage systems, or surrounding improvements.