‘UPDATED:  4/4/2021

TERMS AND CONDITIONS:

 

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 Privacy Policy.

If you do not agree with any part of these Terms and Conditions or Sport Surfaces LLC Privacy Policy, 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.

 Authorization to Proceed & Contract

“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 Any and all contractual agreements made by the Customer shall be fully binding and cannot be subsequently modified or superseded by reason of a change in Customer Board Members, management company, or its employees, absent the written consent of the contractor.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 we may have to enter 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.  We are 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 that is 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 Contractor deems 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 so as 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 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, customer agrees to an additional mobilization fee of 475.00.

If such is 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 actual permit.

Change orders, additions, or extras requested by 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, delamination, 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. Absence of a vapor barrier,  curing agent on concrete or topical waterproofing agents added to the concrete voids any warranty implied or expressed in writing or otherwise.

Contractors Note Regarding Crack Treatment: 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 cause surface cracks that are generally small in width. The structural type of crack is caused by sub surface settling, and is generally wider.  They extend from the sub base into the aged playing surface, and are caused by sub base settling and 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 & 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. This 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 site for equipment and material.  PLEASE NOTE:  DEPENDING ON TYPE OF PROJECT WE MAY ENTER WITH LARGE TRUCKS WEIGHING IN EXCESS OF 20,000LBS AND REQUIRE STABLE ACCESS.  DAMAGES TO DRIVEWAY, GRASS AND ANY EGRESS REQUIRED IN ORDER TO PROVIDE SERVICES WILL BE CUSTOMERS 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.  Customer must provide a clean water supply and electrical feed at job site within 100’ for construction use.

Unless otherwise specified, 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 area repaired.

The Contractor accepts no responsibility for acts by anyone at job site except for those sub-contracted or employed by Sports Surfaces LLC. Courts Inc.  The Customer shall keep all sprinkler systems off during resurfacing work and for 1 day following the completion of work.  Damage due to sprinkler system are billed as additional expense to owner.

Contractor shall be solely responsible for the repair or replacement of any damage caused by its employees or by the materials used to the perform the work contracted. Contractor has the first right of repairing or replacing a damaged area caused by the Contractor’s employee.  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 that all standing water will be eliminated and customer understands and agrees that small depressions and standing water may still occur in any area of the court surface(s).

Re-mobilization fee: 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 down time, 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, 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. The 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, and or administrative proceedings.

OUT OF STATE PROJECTS

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

FINES / TICKETS

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:

Warranty is non-transferable and only covers the original owner.  Warranty shall become void should payment terms not be met.  A maintenance manual for hard courts is available online at www.sportsurfaces.com and must be followed along with a yearly inspection in order 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 in order to avoid damage to surface thus voiding out the warranty.    We offer a maintenance agreement and it is highly recommended to enroll in this program.

 

LIMITATION OF LIABILITY

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 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:

Recycled asphalt typically works well for tennis / basketball courts there are however some instances were deleterious materials can be introduced into the mix during the recycling of old asphalt in the plant.  Some of these deleterious 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 can not 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.

 

Contract Termination:

A sale for future services can be cancelled 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

Owners Responsibilities: New Construction

1. 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 in progress within 50 feet of the court surface, and no foot traffic other than contractor in the work areas while the courts are closed the work period, and 48 hours thereafter. Any damaged 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).
2. For new construction 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.  Customer must also provide a dumpster for construction debris purposes.  Note:  dumpster may need to be emptied and sent back depending on type of project and all charges associated with disposal are the customers responsibility.
3. Customer to provide stable access to the construction site.  We will may have to enter property with concrete, rock and other heavy construction equipment that can cause damage to driveways, grass, 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 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.

ESCALATION CLAUSE:

The Customers 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 in order to cover these additional costs.

Equipment and material storage:

 It is the customers responsibility to provide storage for our equipment, materials and tools during 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 customer.

Project Close Out:

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 owners 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 customers convenience project close out 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 call back fee will be charged to cover re-mobilization costs.

Disputes

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 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 Paragraph

8.16. The fees and expenses of the mediator shall be borne equally by both parties.

Privacy Policy:

Sport Surfaces LLC strongly believes in protecting the privacy of your data, the personally identifiable information you share with us, and respecting the permission you give us to use that information. This Privacy Policy notifies you of our privacy practices, describes how we will use your information, and describes the choices you have concerning how your information is collected and used. This will make it easier for you to:

• Request information from Sport Surfaces specific to your interests;
• Receive personalized messages to your specific questions;
• Save time by storing your preferences;
• Utilize web site-based services; and
• Allow us to conduct market research to help us improve our products, our services, and our web sites.

We will only collect, use, or share your personally identifiable information if you give us permission to do so. Financial information provided by you is used solely to transact payments as you arrange through the use of Services provided by a particular web site.  For example, by arranging a rental payment, completing your application form, sending us email, or utilizing other services that may be available through a particular web site, you are giving us permission to use and share your non-financial information. You should know that by filling out your application form, sending us email, or other utilization of web site services, you are giving Sport Surfaces permission to transfer your personally identifiable information among the Sport Surfaces company to fulfill your requirement.  However, we will not share any information you provide with other non-affiliated companies.

We use commercially reasonable means to minimize the risk of unauthorized disclosures of your data and personally identifiable information, including restricting access to your data and personally identifiable information to those employees who need to know that information to provide and fulfill services to you.  We maintain appropriate physical, electronic, procedural, and managerial safeguards to help prevent unauthorized access to the information.  We may disclose information as required by law.

In general, you can visit the Sport Surfaces LLC sites without telling us who you are, or revealing any information about yourself. Our web servers collect domain email addresses of visitors. This information is aggregated to measure the average time spent on the site, and pages viewed. Sport Surfaces LLC uses this information to see the use of our web sites and improve our websites’ content.

If you would like to contact us for any reason regarding our Privacy Policy you may do so via the “Contact” page on this website or by mailing to:

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.