PAVEMENT STRIPING PROS, LLC — TERMS AND CONDITIONS AGREEMENT

This Terms and Conditions Agreement (“Agreement”) is entered into as of the date indicated below by and between Pavement Striping Pros, LLC and the “Customer” as indicated at the end hereof. Accordingly, the parties hereby consent and agree to the following terms:

General Conditions

This proposal is valid for 30 days, with final acceptance subject to approval by Pavement Striping Pros, and if executed by “Customer” as an Agreement, is entered into by Pavement Striping Pros without liability for cancellation or delay from causes beyond Pavement Striping Pros’ control, including acts of God, labor disturbances, war, shortages, and acts of government, etc. Customer shall be represented by an authorized agent (specifically acknowledging, but not limited to: apparent authority) to accept work performed, authorize and sign for any additions or changes desired, and will be available for consultation with Pavement Striping Pros’ representative throughout the time of service.

All surfaces to which material is to be applied or repaired shall be in similar condition compared to time the project was bid. Customer shall notify Pavement Striping Pros in advance when the site will be ready for the work to be performed and shall give free and unobstructed access so that the work to be performed hereunder can be started promptly, and that once begun, may be completed without delay. Customer agrees to pay Pavement Striping Pros its reasonable charges for delays caused by Customer. Towing of vehicles, if necessary, shall be the responsibility of the Customer and if not towed, that area will not be included in the scope of work. No return to address obstructed areas unless a change order has been issued and signed.

A water supply source shall be furnished by Customer for Pavement Striping Pros to use on this project. If no water source is available, water if needed for the project can be trailered in for an additional amount.

Pavement Striping Pros does not assume responsibility for any utility lines such as electric, water, sprinkler, data, communication or any other purpose/type etc., which may lie within eighteen inches (18”) of the surface or within the project work areas. We are not responsible for utility repair work of any kind, private locate services, bonds, permits, site-specific training costs, additional mobilizations beyond (1), more than (1) phase of work on the (1) mobilization or any unseen/unknown conditions not called out specifically in this proposal.

Customer grants permission for Pavement Striping Pros to create photos or videos of the site for use in marketing and promotion.

Customer also acknowledges and agrees that Pavement Striping Pros may use automated systems, including email, phone calls, and text messaging services, to provide project updates, appointment reminders, service notifications, and marketing communications such as special offers, seasonal maintenance reminders, or future service notices. Message and data rates may apply. Customers may opt out of marketing messages at any time by replying “STOP” or following the unsubscribe instructions provided.

Pavement Striping Pros will carry workman’s compensation insurance covering its employees and shall provide liability and property damage insurance.

Any scope changes or modifications of the terms of this Agreement shall be expressed in writing and signed by both parties. By accepting this proposal, Owner agrees to indemnify and to hold Pavement Striping Pros harmless from all claims, including its reasonable attorneys’ fee incurred in defending any claim, resulting from damages to any irrigation line, private electrical line, utility line, or sub structure not identified or clearly marked. It is the owner’s responsibility to mark any underground utilities. Pavement Striping Pros shall not be responsible for any damage to or deterioration of any of our work, whether completed or in process, resulting from any cause or causes beyond our control such as other trades continuing to work in the lot after installation, but not limited to failure of subgrade, including soil volume changes, or failure of inadequacy of any labor or materials not furnished and installed by us, whether or not such failure or inadequacy was or could have been known at the time our work was undertaken. Pavement Striping Pros is not responsible for base failure or asphalt failure.

Traffic control will not be provided by Pavement Striping Pros during the installation, unless otherwise specified. Flagmen will only be provided for areas where traffic cannot be detoured and we have to create one way in/out to complete the work. It is Customer responsibility to maintain necessary barricades, closures, etc. after Pavement Striping Pros’ personnel leave the work site. Pavement Striping Pros, or “We” is/are not responsible for loose animals (wild or domesticated) pets or non-pets causing damage to work performed or damage to surrounding property or properties. All other work areas will remain closed if necessary for drying and left unattended when the crew has clocked out for work at the end of their scheduled shift(s) and we are not responsible for any damage to the work once we depart. Pavement Striping Pros is not responsible for damages to our worksite, bodily injury, structures, objects or automobiles caused by barricades/ropes/signs/tapes that have been moved by a third party to gain access to a closed worksite. We reserve the right to file charges against any criminal trespassing event in which our worksite’s barricades have been moved against the advice of the “onsite foreman.” This includes but is not limited to tenants, customers, delivery drivers, trash truck drivers, food delivery drivers, process servers, parking lot sweepers and those with criminal intent.

If emergency services (Ambulance, Police, Medical Helicopter, Fire Department) must gain access to or through our worksite for an emergency, we will immediately let them in to take care of the emergency. Any damages as a result of giving access to emergency services will be repaired at an additional charge.

Pavement Striping Pros is not responsible for damage caused by condensation or moisture dripping off of structure, created by nature or manmade, such as air conditioners, gutters, car washes, mop bucket water, leaks or ambient temperature creating condensation damage to worksite or surrounding property. Onsite sprinkler systems need to be shut off on and around the worksite if the positive drainage for the sprinkler system drains on or through the work site. Water from surrounding sprinkler systems can cause damage directly and by draining across the worksite to reach a drain. Pavement Striping Pros will not be held responsible for damage caused by sprinkler systems. This includes water draining from surrounding properties, broken sprinkler lines, failure to turn them off, and Sprinkler system (timer) failure.

Cars must be moved out of the scheduled work zone by 8am. All cars left in the work zone after 8am shall be towed. If the work zone is not ready for us to start upon our arrival, an additional change order of $750 per day is due until the work zone is ready. It is beneficial to make sure that all tenants know job scheduling and phasing by whatever channels are necessary to advise them what times and dates their section will be closed off. We are not responsible for costs accrued by delay of events for tenants due to work being scheduled and worksite being closed to traffic at scheduled maintenance time. This includes any type of deliveries, cancellations of parties or meetings, or costs due to scheduling conflicts with other contractors.

If new tenants/homeowners are scheduled to be moving in or out, please make sure that the scheduled work is not being performed during this time. We know that they may have deadlines to move in or out, but we will not be responsible for extra cost due to not being able to get in and out of closed worksites.

Pavement Striping Pros shall not be held responsible for groundwater. Groundwater from natural causes or from broken water lines sometimes causes issues making it hard to complete sections affected. This also includes non-visible fertilizers, detergents, lawn chemicals, mold, algae, or any other visually undetectable substance on the asphalt that breaks the bond of the materials we use. In the event all work under this Agreement is not completed, Pavement Striping Pros shall be paid in full for all items of work that are substantially complete. Substantially complete means all work in the order has been completed and only a minor amount of work remains to be finished (obstructed areas, touch ups, clean up).

Basic preparation is to broom sweep and/or power blow the areas to be painted. Brooming and blowing will not remove all dirt and contaminants. Mud, paint, spills, compacted dirt, and the like will not be removed with broom and blow techniques. If your lot has these conditions you must pressure wash beforehand. We can provide an additional quote to pressure wash the striped area to provide a clean surface for the new lines to adhere which will provide longer lasting lines if you choose. Please note that unless the area is pressure washed as part of this scope of work or within 2 days of our arrival by others there is no warranty for adhesion. If lines are pressure washed we warrant them for adhesion related failures only for 12 months (normal wear and tear expected). This quote is based on a clean lot. Excessively dirty lots or lots with grass growing in the line stripe space will incur additional charges for cleaning or will be painted as is - at your instruction.

There can’t be any rain in the forecast for 24 hours before and after completion and no other trades/vendors should be present during our work phase. Temperatures below 40 degrees and above 100 degrees and winds above 20 mph may require us to reschedule as those conditions affect our ability to paint and for it to dry and cure properly.

If other trades/vendors need to be present we must coordinate a schedule to avoid getting in each other’s way. If our work is interrupted by other trades, vendors or sprinklers there will be a minimum mobilization charge of $750.00 to come back. New surfaces provide excellent results. Older surfaces with patches, cracks and potholes will affect the appearance of the lines and is not within our control as the striping machine follows the contour of the parking lot surface. Some areas due to lot changes (renovations, bollards, poles, car stops, etc.) may have lines that are no longer accessible to equipment and will not be painted. Work overnight and on weekends is excluded from the costs in this proposal. If work is to be done at night it will be noted in the above comments and the parking lot lights must be scheduled to stay on for the duration of night work. Failure to keep lighting on so we can perform the work will result in a minimum $750.00 return mobilization charge. Hotel stays may also be added when we are not within 60 miles of our home office location due to lights turning off and hindering our completion.

All vehicles must be cleared from the work area. Any lines by vehicles remaining in the work area after the final phase will not be painted if the vehicle isn’t moved or we can charge additional sums (per trip) to return to complete obstructed lines. Due to volatile market conditions we reserve the right to withdraw this proposal at any time if not signed/accepted within 30 days. Payment is due upon completion unless other payment terms have been agreed to prior to acceptance of quote. Signed acceptance for the quote amount will constitute acceptance of the terms and conditions listed on this proposal.

Other Items

In addition to the terms and conditions listed in this proposal, Customer agrees to pay a service charge of 1.5% per month on all accounts that are more than ten (10) days past due. Customer also agrees to pay all reasonable attorney and/or collection fees that may be incurred. Customer agrees that if a check, money order, or other instrument submitted as payment is marked as “Paid in Full” or with similar language, Pavement Striping Pros may accept the payment, and Customer will remain obligated to pay any further amount contractually owed to Pavement Striping Pros.

Taxes are computed for the locality in which the work is performed at the time the project is invoiced. Taxes can be waived, by law, only upon receipt of an exemption certificate that has been properly executed by the responsible party to this Agreement.

Communication Consent: By signing this Agreement, Customer provides express consent for Pavement Striping Pros, LLC and its representatives to contact them via email, phone, or text message (including through automated systems) for purposes related to scheduling, project updates, billing, customer service, and marketing. These communications may include reminders, estimates, promotions, and future service notifications. Standard messaging and data rates may apply. Customers may opt out of non-essential or marketing communications at any time by replying “STOP” to text messages or following unsubscribe instructions provided in emails.

Indemnification

Pavement Striping Pros maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, Agents, and Employees of any of them, from any claims, damages, losses, and expenses arising out of, or resulting from performance of the work to the extent caused by the negligent acts or omissions of Pavement Striping Pros, or anyone for whose acts Pavement Striping Pros may be liable.

Warranty

The work proposed herein is covered by a one-year warranty on workmanship. Normal wear and tear, accidental damage, abuse, neglect, acts of God are excluded. Any warranty work is at the discretion of Pavement Striping Pros and whatever method Pavement Striping Pros deems appropriate.

Disputes

If Customer objects to any portion of the work, customer will so notify Pavement Striping Pros within seven (7) calendar days, identify the cause of the disagreement, and pay when due, that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the county Pavement Striping Pros’ office where the Agreement was issued, Brazoria County, Texas. The parties acknowledge that they are hereby voluntarily and knowingly relinquishing and waiving any rights they may have to establish a venue in any other county. This Agreement shall be in accordance with and governed by the laws of the state of Texas. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable.

Confidentiality

The information in this document is privileged and confidential. No part of this document may be reproduced and/or distributed to anyone other than the recipient listed on this document without written permission from Pavement Striping Pros.

Deposit Terms (If Applicable)

50% payment due upon acceptance of proposal before work begins and the remaining 50% balance due upon completion. The process, specifications, and conditions as enumerated herein, including “Terms and Conditions” within this proposal, are satisfactory and are hereby accepted. Pavement Striping Pros is authorized to proceed with the work as specified. Payment will be made according to the terms listed above. Pavement Striping Pros reserves the right to file a preliminary lien notice as required by Texas law.

THIS PROPOSAL IS VALID FOR 30 DAYS FROM THE DATE OF THE PROPOSAL. DUE TO VOLATILE MATERIAL PRICING, ALL WORK IS SUBJECT TO INCREASE IF IT IS NOT STARTED WITHIN 30 DAYS FROM THE DATE OF THIS PROPOSAL.