Terms and conditions

These terms and conditions (the “Terms and Conditions”) govern and apply to all customers of Sport Surfaces LLC, as well as to all websites, mobile sites or applications, products and other related services (collectively, the “Services”). These Terms and Conditions apply to all use of the Services.

The Services are owned and operated by Sport Surfaces LLC. When using the Services, please note that your access to and use of the Services, as well as any information or documents provided by Sport Surfaces LLC, are subject to these Terms and Conditions. If you choose to continue using or accessing the Services after reviewing these Terms and Conditions, you agree to them and to Sport Surfaces’ Privacy Policy.

If you do not agree to any of the provisions of these Terms and Conditions or the Sport Surfaces LLC Privacy Policy, Sport Surfaces LLC reserves the right to modify these Terms and Conditions at any time without prior notice. These modifications will be effective immediately upon posting. We recommend that you regularly review these Terms and Conditions to ensure you understand and accept any changes. By continuing to use the Services after the posting of changes to these Terms and Conditions, you agree to those changes.

The Services are not intended for individuals under the age of 18. If you are under 18, you may not use or access the Website, nor provide us with any personal information. You may not use the Services or agree to these Terms and Conditions if: (1) you are not of legal age to enter into a binding contract with Sport Surfaces LLC; or (2) you are prohibited from receiving the Services under the laws of your country of residence or the country from which you are using the Services.

 Authorization to proceed and contract

The term “Client” herein refers to the owner, the condominium association, and/or the management company. Any contractual agreement entered into by the Client is fully binding and cannot be subsequently modified or cancelled, even in the event of changes within the board of directors, the management company, or its staff, except with the written consent of the contracting party.

The term “Contractor” refers to Sport Surfaces LLC, its agents, representatives, employees, and/or subcontractors. The Contractor will provide the supervision, labor, specified materials, and equipment necessary to complete the agreed-upon work for the designated property, in accordance with this proposal. The Contractor may substitute any material specified in the proposal, provided it is of equivalent quality. The Client will designate a representative for the owner(s) in all matters relating to the work throughout its execution. Any problems or situations that may arise will be negotiated exclusively between this designated representative and the Contractor. When working for an association, corporation, or other commercial entity, the Contractor will not negotiate directly with any owner, resident, or tenant. The Client will take care to avoid any interference from unauthorized persons to prevent hindering the proper execution of the work.

The client must authorize the contractor to work on the job site(s) and ensure that all work areas are safely accessible and meet the contractor’s requirements. Depending on the scope of the work, access to the property may require the use of small trucks, skid steer loaders/pavers, or even large three-axle trucks over 9 tonnes (20,000 lbs). Stable access is essential for our equipment. We are not liable for any damage to the driveway, lawn, paving stones, or any other area requiring property access for the purposes of the job. However, our technicians take every precaution to minimize such damage. Signage is recommended to clearly delineate the work area. The contractor is not liable for any underground utilities that are not marked or are damaged during access to the work area. The client must provide the contractor with water, electricity, and all necessary connections free of charge to complete the work. The client is responsible for ensuring that all landscaping, lawns, and shrubs outside the perimeter of the surface are lower than the surface itself to facilitate proper drainage. For optimal drainage, outdoor courts require a minimum slope of 2.5 cm per 3 m. The client agrees to shut off all irrigation systems during the resurfacing work and for two days after its completion. Any damage caused by the use of an irrigation system will be charged to the client. Note: Irrigation water can damage the new surface, and its flow rate must be adjusted to avoid contact with the court. Irrigation water tends to stain or discolor court surfaces.

It is understood that all work is subject to weather conditions. The contractor will endeavor to inform the client as soon as possible if the work cannot be carried out due to weather conditions. If the client cancels or postpones a scheduled service without notifying the contractor at least 48 hours in advance, an additional mobilization fee of €475.00 will be charged.

Where applicable, this proposal does not include permit fees, engineering fees, technical drawing fees, plan fees, inspection fees, development taxes, or any other fees that may be required by the relevant agencies or municipalities. These fees, if applicable, will be billed as they are incurred, and any incidental costs will be billed in addition to the permit fee.

Modifications, additions or extras requested by the client, contractor or municipality will be billed in addition to the base contract and will not delay payment of the initial contract amount.

The contractor shall not be held liable for any damages that pre-exist the date of commencement of work as stipulated in the contract. Such damages may include, but are not limited to, personal injury, damage to domestic or wild animals, acts of vandalism, etc. To this end, the contractor will inspect each area before work begins. The contractor disclaims all liability for repairs performed by any party other than Sport Surfaces LLC.

Any existing damage will be noted and documented by photographs and/or a written report. The client understands and accepts that areas of coatings and/or substrates/surfaces that are unintentionally damaged or detached may be visible and disrupted during the work, and agrees to hold the contractor harmless from any liability for detachment, peeling, flaking, delamination, or any other alteration of existing coatings, sealants, waterproofing products, substrates, or surfaces, or any other damage affecting the newly coated area. Furthermore, aesthetic, profile, or texture differences will remain or may become more apparent after the removal of existing coatings, sealants, waterproofing products, or substrates. The absence of a vapor barrier, concrete curing compound, or surface waterproofing agents applied to concrete voids all warranties, express or implied, written or otherwise.

Note to contractors regarding crack repair: Cracks in a playing surface can have many causes. The most common are surface cracks and structural cracks. Surface cracks are caused by the aging of the material, which weakens it, and are generally narrow. Structural cracks, on the other hand, are caused by subgrade settlement and are generally wider. They extend from the sub-base to the aged playing surface and are due to sub-base settlement and surface aging, resulting in wider and deeper cracks. This proposal includes work to treat the cracked areas. However, cracks may reappear in the same location or form elsewhere at any time. In this case, the warranty does not apply. If you wish to completely eliminate the cracks, a complete rebuild may be necessary. Please contact your licensed and certified sports surface professional to discuss this option.

The contractor must provide a storage area for equipment and materials on the worksite, and the client agrees to make every effort to provide it. At the end of each workday, all equipment, supplies, vehicles, etc., must be returned to their designated places, and the work area itself must be left as clean as possible. The protection of this storage area is the sole responsibility of the contractor and must be ensured in a clean, secure, orderly manner, and in accordance with applicable standards. The contractor accepts no liability for traffic, paint splatters, or damage to contracted surfaces caused by unauthorized access to the designated work areas.

The client will provide stable site access for equipment and materials. IMPORTANT: Depending on the project type, we may use large trucks weighing over 9 tons (20,000 lbs) and require stable access. Any damage to driveways, lawns, and exit routes necessary for the performance of our services will be the client’s responsibility. Our operators will do their best to minimize damage, but some is unavoidable due to the significant weight of our equipment. The client must provide potable water and electrical power within 30 meters (100 ft) of the work site for construction purposes.

Unless otherwise specified, repairs to asphalt damaged by roots are not included. If our technician finds such damage, repairs will be carried out at an additional cost of $12.00 per square foot of surface repaired.

The contractor accepts no responsibility for the actions of anyone on the worksite, with the exception of subcontractors and employees of Sports Surfaces LLC. The client agrees to deactivate all automatic sprinkler systems during the renovation work and for 24 hours after its completion. Damage caused by automatic sprinkler systems will be billed separately.

The contractor is solely responsible for the repair or replacement of any damage caused by its employees or by the materials used in the execution of the work. The contractor has priority for the repair or replacement of any area damaged by its employees. The client agrees to inform the contractor of the discovery of any damage within 24 hours. If the contractor assumes responsibility for such damage, it reserves the right to carry out the repairs itself or to engage another qualified contractor. Damage caused by contact with irrigation, electrical, and other utility lines is the sole responsibility of the client. The contractor is not liable for damage to underground utilities (water, sewage, irrigation, electricity) or to landscaping or turf. The contractor does not guarantee the complete removal of standing water after the completion of the work, and the client acknowledges and accepts that small depressions and traces of standing water may remain on the surface of the property.

Remobilization Fee: If production is interrupted for reasons beyond our control, permit issues, or non-payment of installments, a remobilization fee of $500 will be charged to cover personnel downtime, fuel, and expenses.

The contractor must thoroughly and promptly clean up all debris, materials, drums, waste, etc., once the work is completed. Cleanup will be done on-site, and a wash area is required for rinsing squeegees, brooms, and containers. The contractor will take every precaution to protect the surrounding area; however, they will not be responsible for any paint residue that may remain in the wash areas. Please note that the sod in the storage area may be damaged, and we are not responsible for its replacement, as this is practically unavoidable and was not included in our quote.

In the event of a dispute concerning any aspect of this Agreement, before initiating any legal proceedings, the Client agrees to participate in a mediation session to attempt to resolve the dispute. The mediation fees will be shared equally between the Provider and the Client. This provision will not apply to the Provider if the dispute concerns the collection of unpaid invoices. If any provision of this Agreement is deemed invalid for any reason, only the invalid provision will be inapplicable; the remaining provisions will remain in full force and effect. Any dispute will be brought before the courts of Palm Beach County, Florida.

If the contractor is obliged to engage a lawyer to enforce any provision of the contract, including the recovery of unpaid invoices, he will have the right to recover from the client all his reasonable legal costs and attorney’s fees incurred prior to any legal action, as well as in connection with litigation, appeals and any bankruptcy or administrative proceedings.

OUT-OF-STATE PROJECTS

Clients residing in states other than Florida and New Jersey are responsible for obtaining all necessary permits. All communication with the planning department is their responsibility; they must deal directly with the department regarding any permit-related matters. All costs associated with resuming work or issuing stop-work orders are the sole responsibility of the client.

FINES / FINES

Many homeowners’ associations and their boards of directors have complex bylaws that include, among other things, parking fines, weight restrictions, and other limitations that could potentially result in fines for Sport Surfaces or its partners. If applicable, any fines imposed on Sport Surfaces or one of its partners will be the responsibility of the customer.

GUARANTEE:

The warranty is non-transferable and covers only the original owner. It will be voided if the payment terms are not met. A maintenance manual for hard courts is available online at  www.sportsurfaces.com   , and its application, along with an annual inspection, is essential to maintain the warranty. Inspections can be scheduled at   warranty@sportsurfaces.com  . Please note that plant debris, soil, chemicals, and other harmful substances can significantly damage the surface and must be removed promptly to prevent further deterioration and warranty cancellation. We offer a maintenance contract; we strongly recommend that you take one out.

LIMITATION OF LIABILITY

Whether under contract, warranty, tort (including negligence), strict liability, or otherwise, the Contractor’s liability for any claim, damage, loss, or obligation arising out of or relating to the performance of this Contract, including, but not limited to, the correction of any defect covered by the warranty, shall not exceed the cost of such correction. In no event shall the Contractor be liable for any special, indirect, incidental, consequential, or punitive damages of any kind, including, but not limited to: damages claimed for loss of use of production facilities or equipment, loss of profits, government fines or penalties, loss of production, or increased operating or capital expenditures. This applies regardless of the legal basis invoked for any claims or actions for damages, whether under contract, warranty, negligence, strict liability, or otherwise.

The contractor will handle the proper disposal of all waste, including recycling. A disposal fee of $500.00 will be added to the final invoice. The client agrees to a fuel surcharge of $35.00, which will be added to the final invoice, for any job located more than 24 km (15 miles) from the contractor’s warehouse, located at 7011 Wilson Rd., West Palm Beach, FL 33413.

The sports fields will be closed for the duration of the works and until their completion. The client is responsible for shutting off irrigation, refraining from any landscaping within 15 meters of the fields during the works, and prohibiting all pedestrian traffic, except for the contractor, in the work area during the closure and for 48 hours thereafter. Any damage caused by such intrusion will result in additional repair costs, entirely at the client’s expense. The client is also responsible for ensuring access to the work area and providing a water and electricity supply within 30 meters of the fields.

Recycled asphalt:

Recycled asphalt is generally well-suited for tennis and basketball courts. However, harmful substances can sometimes be introduced into the mix during the recycling process at the factory. These may include metals or other oxidants that can cause staining on the court. Sport Surfaces does not manufacture recycled asphalt and cannot be held responsible for any subsequent problems related to these potential defects. If this is a concern, we recommend choosing a premium virgin asphalt mix.

By signing, I attest that I have carefully read this contract before signing it and, having done so, fully accept to be bound by its terms and conditions.

Contract termination:

 The buyer may  cancel  a sale of future services by notifying Sport Surfaces LLC within three business days of signing the  contract  . … Any   written notice  sent by mail must be postmarked no later than midnight on the third business day following the date  of the contract   and addressed to: 7011 Wilson Rd., West Palm Beach, FL 33413.

Owner’s responsibilities: New construction

1. The properties will be closed for the duration of the works and until their completion. The owner is responsible for shutting off irrigation, refraining from any landscaping within 15 meters of the properties during the works, and prohibiting all pedestrian traffic, except for employees of the public works company, within the work zone during the closure and for 48 hours thereafter. Any damage caused by these intrusions may result in additional repair costs being charged to the owner. The owner is also responsible for ensuring access to the work zone and for ensuring that a suitable water and electricity supply is available within 30 meters of the properties.
2. For new construction, the client must provide us with a graded site to within ± 2.5 cm. Most sites in Florida are flat, but if significant earthmoving is required, the daily rate for equipment and two operators will be $1,500 per day. Any fill material will be charged at $600 per load and includes spreading, laser grading, and compaction. The client must also provide a dumpster for construction debris. Note: Depending on the type of project, the dumpster may need to be emptied and returned; all waste disposal costs are the client’s responsibility.
3. The client must ensure stable access to the work site. We may need to use concrete, rocks, and other heavy construction equipment that could damage driveways, lawns, paving stones, as well as underground pipes and irrigation systems. Despite our best efforts to prevent damage, it is impossible to predict all damage due to the significant weight of the equipment required. We are unable to estimate the extent of potential damage and, therefore, we have not included any repairs, such as replacing sod, driveways, paving stones, etc. We will level any damaged areas of sod and can replace it at a rate of $750 per pallet.

ESCALATION CLAUSE:

The Client acknowledges that inflation affects the prices of materials, fuel, and labor. Any increase in these prices will be passed on to the Client to cover the increased costs associated with sports surfaces. In the event of an increase in the prices of materials, labor, or fuel, an email detailing these amounts will be sent, and the Client will be required to pay them to cover these additional costs.

Storage of materials and equipment:

 It is the client’s responsibility to arrange for the storage of our equipment and tools during road construction or repair work. If we are unable to store our equipment and tools on-site, the client will be charged for storage space rental, as well as a $250 processing fee for finding suitable storage space.

Project closure:

Sport Surfaces will inform you by email and phone 24 hours in advance of the project’s completion the following day. Our project managers will offer you a 2-3 hour time slot for the inspection. The presence of the owner or their representative is mandatory to inspect the project and sign the acceptance document, so that we can detach and focus on our next project. Please note: most of our projects involve hotel accommodation for our teams and reimbursement of their daily expenses, which represents a significant cost. It is therefore essential that we complete projects quickly. For your convenience, project completion can be done via WhatsApp or FaceTime. We will provide you with the necessary digital documentation and the corresponding guarantee. If any non-conformities are found, the remaining balance of the contract, less 10%, will be due immediately upon the first inspection. The issues to be corrected will be addressed, and a new inspection will be carried out under the same conditions. The final payment will then be due upon acceptance. If the client does not close the project within the allotted time, it will be considered finished and, if repairs are needed, a recall fee of $750 will be charged to cover the remobilization costs.

Disputes

Notwithstanding any provision to the contrary in the contract documents providing for arbitration, both parties agree that any dispute relating to this contract, in the amount of which is less than $150,000.00, shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (AAA), at the Contractor’s request. Each dispute submitted to arbitration shall be heard before the AAA in the relevant state, namely West Palm Beach, Florida, for projects located in Florida or in states served by the AAA’s West Palm Beach office, unless otherwise agreed between the Contractor and the Subcontractor. Any dispute (individual or aggregate) in the amount of which exceeds $250,000.00 or for which injunctive relief is sought shall be decided by a court of competent jurisdiction, and jury trial is expressly excluded. The parties agree, upon written request from the Contractor, to become parties to and be bound by any arbitration proceedings concerning them, as well as the Architect or the Project Owner, insofar as such proceedings relate to their rights or obligations under this contract. The parties agree to attempt in good faith to resolve any dispute arising out of or relating to this contract through non-binding mediation conducted by a mediator accredited by mutual agreement. Mediation shall be initiated by a written request from either party specifying the dispute(s) to be submitted to mediation. This mediation is a prerequisite to any legal action or arbitration, unless a delay is likely to cause irrevocable harm to either party. In such a case, legal action or arbitration, as the case may be, may be initiated but shall be suspended until the mediation provided for in this provision is concluded. If the dispute is not resolved through mediation within 30 days of the start of the procedure, i.e. the first joint session with the mediator, the dispute will be decided in accordance with the provisions of the first paragraph of this article.

8.16. The mediator’s fees and expenses will be borne equally by both parties.

Privacy Policy:

Sport Surfaces LLC is committed to protecting the confidentiality of your data and the personal information you provide to us, and to respecting the permission you grant us for its use. This Privacy Policy informs you of our privacy practices, describes how we use your information, and details your choices regarding its collection and use. This will allow you to:

• Ask Sport Surfaces for information specific to your interests;
• Receive personalized messages that answer your specific questions;
• Save time by saving your preferences;
• Use the website-based services; and
• Allow us to conduct market research to improve our products, services, and websites.

We will only collect, use, and share your personally identifiable information with your permission. The financial information you provide is used solely for processing payments you make through the services offered by the relevant website. For example, by making a rental payment, completing your application form, emailing us, or using other services available on the website, you authorize us to use and share your non-financial information. Please note that by completing your application form, emailing us, or using the website services, you authorize Sport Surfaces to transfer your personally identifiable information within the company to fulfill your request. However, we will not share any information you provide with other unaffiliated companies.

We implement commercially reasonable measures to minimize the risk of unauthorized disclosure of your personal data and information, including limiting access to such data and information to only those employees who need it to provide you with our services. We maintain appropriate physical, electronic, procedural, and administrative security measures to prevent unauthorized access to this information. We may be required to disclose information when required by law.

Generally, you can visit Sport Surfaces LLC websites without disclosing your identity or any personal information. Our web servers collect visitors’ business email addresses. This data is aggregated to measure average site time and pages viewed. Sport Surfaces LLC uses this information to analyze website usage and improve content.

If you wish to contact us for any reason regarding our privacy policy, you can do so via the “Contact” page of this website or by mail to the following address:

Sports Surfaces LLC

7011 Wilson Road

West Palm Beach, Florida 33413

We reserve the right to modify this policy at any time by publishing a new privacy policy and terms of service. We advise our customers to check for updates regularly.