National Fitness Campaign Fitness Court® Standard Limited Warranty

National Fitness Campaign LP (“Company”) warrants the Fitness Court® (“Equipment”) to be free from significant defects in material and manufacturing and to conform to published specifications for the periods described below.

WARRANTY COVERAGE

This Warranty applies to the Equipment for the time periods described for each component type and with the limitations described in this Warranty. The Warranty periods apply from the date of shipment of the Equipment to the Purchaser. The Company’s liability under this Warranty is limited to the replacement of defective Equipment. The Purchaser’s sole and exclusive remedy against the Company shall be for the replacement, at the Company’s discretion, of any defective Equipment as provided herein.

WARRANTY LIMITATIONS

This Warranty does not cover any loss or damage caused by (a) improper installation of the Equipment, (b) use of the Equipment for purposes other than which it is intended, (c) disasters such as fire, flood, wind, lightning or other “Acts of God”, (d) unauthorized alterations, modifications or abuse to the Equipment, (e) normal deterioration due to weather, UV exposure, wear and tear or other causes that do not affect functional use, including without limitation discoloration, fading, scratches, dents, vandalism, marring and normal levels of rusting, (f) neglect, negligence, or abnormal physical stress, (g) failure by Purchaser to install or maintain the Equipment in accordance with the Installation and Maintenance Guide, or (h) improper or incomplete installation of the Wall Graphics in accordance with the Graphics Alignment Guide.

EXCLUSIVE REMEDY FOR DEFECTIVE EQUIPMENT

During the applicable Warranty period, a Purchaser may make a claim, by sending written notice to the Company that includes a description of the defect along with photographs. Notice must be sent to info@nfchq.com.

The Company may request shipment of the defective parts for examination. If the Company determines the defect to be valid and covered by this Warranty, the Company will replace the defective Equipment at no cost to the Purchaser, within 60 days of receiving the claim and defective parts, if requested. The Purchaser will be responsible for costs related to the removal and transport of defective components and the installation of replacements. Replacement parts are warranted for the remaining Warranty period of the original components.

SAFETY STANDARDS

This Equipment is not intended for use by individuals younger than 14 years of age.

ASTM has recently adopted ASTM F3101 - 15 Standard Specification for Unsupervised Public Use Outdoor Fitness Equipment.

While playgrounds are subject to laws in various states requiring compliance with ASTM and/or Consumer Product Safety Commission (CPSC) guidelines, at present there are no state laws requiring compliance with standards set forth by ASTM for outdoor fitness equipment (nor with CPSC guidelines, as none currently exist.) Play equipment can be certified to be in compliance with ASTM by the International Playground Equipment Manufacturers Association (IPE-MA), and many agencies have a requirement that they only purchase equipment that is IPEMA certified. However, at this time, this is not possible with outdoor fitness equipment, as IPEMA does not currently certify compliance of outdoor fitness equipment. In addition, at this time, there are no programs in place to train certified inspectors for outdoor fitness equipment.

Without a state law that requires compliance, specifications are voluntary only. However, National Fitness Campaign strives to comply with all of the voluntary specifications of ASTM F3101 - 15.

SALTWATER

Sustained Saltwater Exposure to saltwater can cause corrosion, color fading and wear. For Equipment installed within 250 yards of a saltwater body, defects caused by corrosion are covered for half of the standard Warranty periods. For Equipment in direct contact with saltwater or exposed to salt spray, defects caused by corrosion are not covered.

DISCLAIMER

*IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Fitness Court® EQUIPMENT.

*Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. –

National Fitness Campaign’s Terms and Conditions of Sale apply to any sale of the Fitness Court® and supplement this Warranty.

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