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September 10, 2025

Pinestraw Club Membership Agreement

September 10, 2025

PINESTRAW AMERICA LLC 111 Lone Wolf Drive, Madison, Mississippi 39110 · 601-658-0045 · hello@pinestrawamerica.com

This Pinestraw Club Membership Agreement (this "Agreement") is entered into as of the date of the Member's electronic signature (the "Effective Date") by and between Pinestraw America LLC, a Mississippi limited liability company that also conducts business under the name "Pinestraw America of Fairhope" (the "Company"), and each person who signs the Enrollment Quote and this Agreement as a member (individually and collectively, the "Member"). The Company and the Member are each a "Party" and together the "Parties."

Recitals

A. The Company provides pine straw delivery, installation, and related bed-maintenance services to residential properties in its Service Area.

B. The Company offers the Pinestraw Club, a 12-month service membership, at pricing below its Retail Value in exchange for the Member's commitment to a full Membership Year.

C. In reliance on that commitment, the Company procures inventory, allocates crews and scheduling capacity, and plans its business operations.

NOW, THEREFORE, in consideration of the mutual promises in this Agreement, the Parties agree as follows.

Summary of Key Terms

This summary is part of this Agreement. If it conflicts with the Articles below, the Articles control.

Term

Summary

Membership Year

12 months, beginning on the date the first installation is completed

Billing

12 equal Monthly Installments charged to the card on file, or the full year paid in advance at a 5% discount; no interest

Price

Fixed for the Membership Year, subject only to a capped cost surcharge (Article 8)

Automatic renewal

Renews for successive 12-month Membership Years unless the Member gives Written Notice at least 30 days before the Renewal Date

Cancellation

By mail or hand delivery only (Article 11)

Early cancellation

Installations received are re-priced at Retail Value, less amounts paid, plus the greater of $250 or 25% of remaining installments

Late changes

$50 rescheduling fee for changes made less than 24 hours before a scheduled Service

Late payment

$25 returned-payment fee; late charge after 15 days; Service paused at 30 days

Disputes

Individual binding arbitration or small claims court; class actions and jury trials waived

Article 1. Definitions

Capitalized terms have the meanings given below or where they first appear in this Agreement.

1.1 "Cancellation Balance" has the meaning given in Section 9.2.

1.2 "Early Exit Charge" means the greater of (a) $250.00 or (b) twenty-five percent (25%) of the Monthly Installments remaining in the then-current Membership Year, except as modified by Section 9.5.

1.3 "Enrollment Quote" means the quote the Member signs at enrollment. It states the Member's plan, Service Address, number of installations and visits, Monthly Installment, and Membership Price.

1.4 "Membership Price" means the Monthly Installment multiplied by twelve (12), plus applicable taxes.

1.5 "Membership Year" means the twelve (12) month period beginning on the date the Member's first installation is completed, and each successive twelve (12) month renewal period.

1.6 "Monthly Installment" means the monthly amount stated on the Enrollment Quote, as adjusted under this Agreement.

1.7 "Renewal Date" means the day immediately following the last day of a Membership Year.

1.8 "Retail Value" means the Company's standard one-time, non-member price per installation for the Member's plan level at the Service Address, in effect on the date the Member enrolled. For Silver and Gold plans, the Retail Value of an installation includes the visits associated with that installation; visits are not priced separately. The Company will provide its Retail Value pricing to the Member on request.

1.9 "Season" means one of the following: spring (March 1 through May 31); summer (June 1 through August 31); fall (September 1 through November 30); or winter (December 1 through the last day of February).

1.10 "Service" means each installation and each visit included in the Member's plan.

1.11 "Service Address" means the property identified on the Enrollment Quote.

1.12 "Service Area" means the geographic areas served by the Company from its Madison, Mississippi and Fairhope, Alabama locations, as published by the Company from time to time.

1.13 "Written Notice" has the meaning given in Article 11.

Article 2. Enrollment Quote

2.1 Incorporation. The Enrollment Quote is incorporated into and made part of this Agreement.

2.2 Order of precedence. If the Enrollment Quote conflicts with this Agreement, the Enrollment Quote controls as to price and scope of Services, and this Agreement controls as to all other matters.

2.3 Joint responsibility. If more than one person signs as Member, each is jointly and severally responsible for all obligations under this Agreement.

Article 3. Plans and Scope of Services

3.1 Plans. The Member's plan includes the Services listed below for that plan, performed at the beds identified at the Member's assessment. The Enrollment Quote may provide for a different number of installations (from two to four) or visits than the standard plans below, in which case the Enrollment Quote controls.

Plan

Installations

Pre-install visits

Post-install visits

Tuck & Roll visits

Color enhancement

Straw

Gold (Premium)

3

3

3

2

1

Locally harvested, CPA-certified

Silver (Full)

2

2

2

1

0

Standard

Bronze (Basic)

2

0

0

0

0

Standard

3.2 Service descriptions.

(a) An installation is the delivery and installation of pine straw in the Member's existing beds.

(b) A pre-install visit consists of bed redefining, weed control, leaf removal, and trimming of up to two (2) hours on Gold plans and up to one (1) hour on Silver plans.

(c) A post-install visit consists of re-tucking and an application of Pinestraw Preserve.

3.3 Exclusions. Services not listed in Section 3.1 or on the Enrollment Quote are excluded. Exclusions include, without limitation: new beds; plant, shrub, or tree removal; irrigation work; haul-off beyond normal leaf removal; and work outside the beds identified at assessment.

Article 4. Pricing

4.1 All-inclusive price. The Membership Price is an all-inclusive price for the Services in the Member's plan. It will not change during a Membership Year because an installation requires more or less pine straw than estimated.

4.2 Quantity adjustment at renewal. At renewal, the Company may adjust the Membership Price to reflect the quantity of pine straw actually used at the Service Address.

4.3 Added work. If the Member requests additional beds or areas during a Membership Year, the Company will provide a separate written quote. Added work is not part of the membership and is payable in full when performed.

Article 5. Term and Scheduling

5.1 Term. This Agreement begins on the Effective Date. The first Membership Year begins on the date the Member's first installation is completed and continues for twelve (12) months, subject to renewal under Article 10.

5.2 Season selection. For each installation, the Member selects a Season. The Company schedules the date within that Season. The Company does not guarantee any specific date or time of service.

5.3 Reminders. The Company will send reminders of each scheduled Service one week before, one day before, and on the morning of the Service.

5.4 Use within the Membership Year. All Services must be used within the Membership Year in which they are provided. Any Service not completed because the Member skipped it, failed to schedule it, or failed to provide access under Section 13.2 is forfeited. Forfeiture does not reduce the Monthly Installments or any other amount owed.

5.5 Company delay. If the Company fails to complete a Service within the Membership Year for reasons within its reasonable control, the Company will complete that Service within sixty (60) days after the Membership Year ends, at no additional charge.

5.6 Late changes by the Member. If the Member cancels or reschedules a scheduled Service less than twenty-four (24) hours before its scheduled time:

(a) the Company will perform that Service on a date of the Company's choosing within thirty (30) days, even if that date falls outside the Member's selected Season; and

(b) the Company may charge a rescheduling fee of $50.00, which the Company may waive in its sole discretion.

5.7 Weather. The Company may reschedule any Service due to weather or other conditions described in Article 19.

Article 6. Payment

6.1 Payment authorization. The Member authorizes the Company and its payment processor (currently Stripe) to charge the card on file for each Monthly Installment and for any other amount due under this Agreement. This authorization continues until all amounts owed are paid. The Member shall maintain a valid card on file and shall update it within seven (7) days of any change or expiration.

6.2 Revocation not a cancellation. Removing the card on file, revoking the authorization in Section 6.1, or stopping payment does not cancel the membership or reduce any amount owed. The membership may be ended only as provided in Articles 9 and 11.

6.3 Billing date. The first Monthly Installment is charged on the date the first installation is completed. Each later Monthly Installment is charged on the same day of each following month. If a month has no corresponding day, the charge is made on the last day of that month.

6.4 Pay-in-full option. In place of Monthly Installments, the Member may elect on the signature page to pay the Membership Price, less a five percent (5%) discount, in a single charge on the date the first installation is completed. At each renewal, a pay-in-full membership is charged the full renewal Membership Price, less five percent (5%), on the Renewal Date, unless the Member elects Monthly Installments by Written Notice at least thirty (30) days before the Renewal Date. If a pay-in-full membership ends early, the Cancellation Balance is calculated using the amount actually paid, and the Early Exit Charge counts remaining installments as if the Member were paying monthly.

6.5 No interest; not a loan. Monthly Installments are a payment schedule for the annual Membership Price. They bear no interest or finance charge and do not constitute a loan or an extension of credit.

6.6 Taxes. The Member shall pay all sales and use taxes applicable at the Service Address.

Article 7. Late Payment, Default, and Chargebacks

7.1 Retries. If a payment fails, the Company may retry the charge daily for up to fourteen (14) days.

7.2 Returned-payment fee. The Company will charge a returned-payment fee of $25.00 for each installment not successfully collected on its due date.

7.3 Late charge. If any amount is more than fifteen (15) days past due, the Company may assess a late charge equal to the greater of $5.00 or four percent (4%) of the delinquent amount, or the maximum amount permitted by law, if less.

7.4 Suspension of Service. If the Member's account is thirty (30) or more days past due on the date of a scheduled Service, the Company will suspend Service until the account is current. Suspension does not extend the Membership Year or reduce any amount owed.

7.5 Default. The Member is in default if (a) any amount remains past due for thirty (30) days and is not paid within ten (10) days after the Company sends notice of the delinquency, or (b) the Member initiates a chargeback under Section 7.6. Upon default, the Company may terminate the membership under Section 9.3.

7.6 Chargebacks. The Member agrees that charges made under this Agreement are authorized charges and that the Member will contact the Company before disputing any charge with the card issuer. If the Member disputes a valid charge with the card issuer without first contacting the Company:

(a) the Member is in default under Section 7.5;

(b) the Member shall pay a chargeback fee equal to the dispute fee or fees charged to the Company by its payment processor for that dispute; and

(c) the Member authorizes the Company to provide its payment processor and the card issuer with this Agreement, the Member's electronic signature record (including date, time, email address, and IP address), the Enrollment Quote, service records, photographs, and communications with the Member, as evidence that the charge was authorized.

7.7 Interest and collection costs. Amounts unpaid after termination of the membership bear simple interest at ten percent (10%) per year, or the maximum rate permitted by law if less, from the due date until paid. The Member shall also pay the reasonable collection costs and attorney's fees the Company incurs to collect undisputed amounts, to the extent permitted by law.

Article 8. Cost Surcharge

8.1 Price lock. The Membership Price is fixed for each Membership Year, subject only to this Article 8.

8.2 Surcharge. If the Company's documented cost of pine straw or fuel increases by more than ten percent (10%) above its cost on the date the Member enrolled, the Company may add a surcharge to the Member's remaining Monthly Installments, subject to the following limits:

(a) the surcharge shall not exceed ten percent (10%) of each remaining Monthly Installment;

(b) the Company may impose a surcharge no more than once per Membership Year; and

(c) the Company shall give the Member at least thirty (30) days' notice stating the reason for the surcharge and the new installment amount.

8.3 Member's exit right. Within thirty (30) days after receiving a surcharge notice, the Member may terminate the membership by Written Notice. In that event, no Early Exit Charge applies, and Services already received are reconciled at the Member's membership rate rather than at Retail Value.

Article 9. Termination

9.1 Non-renewal. The Member may end the membership at the end of any Membership Year by giving Written Notice at least thirty (30) days before the Renewal Date. No Early Exit Charge applies. The Member remains responsible for all Monthly Installments for the then-current Membership Year.

9.2 Early cancellation by the Member. After the cancellation period in Article 12 has expired, the Member may cancel the membership during a Membership Year by Written Notice. Upon cancellation, billing of Monthly Installments stops and the following amount (the "Cancellation Balance") becomes due:

Cancellation Balance = Retail Value of all installations performed in the current Membership Year, minus all Monthly Installments paid for that Membership Year, plus the Early Exit Charge

(a) If the Cancellation Balance is positive, the Company will charge it to the card on file.

(b) If the Cancellation Balance is negative, the Company will refund the difference within thirty (30) days, to the card on file or by check, at the Company's election.

(c) Services not yet performed are not charged at Retail Value; the Early Exit Charge applies in their place.

Illustration (Bronze plan): The Retail Value is $711.35 per installation and the Monthly Installment is $101.62. The Member cancels after one installation and four payments totaling $406.48, with eight installments remaining. Twenty-five percent of the remaining installments is $203.24, so the $250.00 minimum applies. The Cancellation Balance is $711.35 − $406.48 + $250.00 = $554.87, plus applicable tax.

9.3 Termination by the Company for cause. The Company may terminate the membership by notice to the Member if:

(a) the Member is in default under Section 7.5;

(b) the Company is denied access to the Service Address for two consecutive scheduled Services;

(c) any person at the Service Address threatens, harasses, or is abusive toward the Company's personnel;

(d) an unsafe condition at the Service Address is not corrected within ten (10) days after the Company notifies the Member of it; or

(e) the Member otherwise materially breaches this Agreement.

Upon termination under this Section 9.3, the full Cancellation Balance under Section 9.2, including the Early Exit Charge, becomes due.

9.4 Termination by the Company without cause. The Company may terminate the membership for any other reason on thirty (30) days' notice. In that event, the Member owes only for Services performed, valued at the Member's membership rate. The Company will refund any amount paid in excess of that value, and no Early Exit Charge applies.

9.5 Relocation, sale, or death.

(a) Relocation outside the Service Area. If the Member relocates outside the Service Area and provides Written Notice with reasonable proof (such as a closing statement or lease), the Cancellation Balance under Section 9.2 applies, except that the Early Exit Charge equals twenty-five percent (25%) of the remaining Monthly Installments, without the $250.00 minimum.

(b) Death. If the Member dies, the membership terminates upon the Company's receipt of notice from the Member's estate or family. The Cancellation Balance under Section 9.2 applies, except that the Early Exit Charge equals twenty-five percent (25%) of the remaining Monthly Installments, without the $250.00 minimum. Any balance owed is a claim against the Member's estate.

(c) Relocation within the Service Area. The membership transfers to the Member's new address within the Service Area. The Company will re-quote the new property, and any price change takes effect at renewal or by written amendment.

(d) Sale of the Service Address. With the Company's written consent, a purchaser of the Service Address may assume the membership by signing a new Enrollment Quote. Upon such assumption, the Member is released, and no Cancellation Balance applies.

9.6 Company failure to perform. If the Company fails to perform a scheduled Service without good cause, the Member gives Written Notice, and the Company does not perform within thirty (30) days after receiving it, the Member may terminate the membership. In that event, the Member owes only for Services performed, valued at the membership rate, and no Early Exit Charge applies. Events described in Article 19 do not constitute a failure to perform.

9.7 Liquidated damages. The Member acknowledges that:

(a) membership pricing below Retail Value is granted in exchange for the Member's commitment to a full Membership Year;

(b) the Company procures inventory, schedules crews, and plans its business in reliance on that commitment;

(c) re-pricing installations actually received at Retail Value recovers only the discount the Member did not earn;

(d) the Early Exit Charge reflects the Company's profit margin of approximately twenty-five percent (25%) on Services to which it committed capacity but will not perform, and its $250.00 minimum reflects administrative, scheduling, and lost-capacity costs that are difficult to calculate precisely; and

(e) these amounts are a reasonable estimate of the Company's damages and constitute liquidated damages, not a penalty.

9.8 No other refunds. Except as expressly provided in Articles 8, 9, and 12, payments are non-refundable.

Article 10. Automatic Renewal

10.1 AUTOMATIC RENEWAL. THE MEMBERSHIP RENEWS AUTOMATICALLY FOR SUCCESSIVE TWELVE (12) MONTH MEMBERSHIP YEARS ON EACH RENEWAL DATE, AND THE CARD ON FILE WILL CONTINUE TO BE CHARGED, UNLESS THE MEMBER GIVES WRITTEN NOTICE OF NON-RENEWAL AT LEAST THIRTY (30) DAYS BEFORE THE RENEWAL DATE.

10.2 Renewal notice. Not fewer than sixty (60) nor more than ninety (90) days before each Renewal Date, the Company will send the Member a renewal notice stating the Renewal Date, the renewal price, the deadline to give notice of non-renewal, and the method for doing so. Non-receipt of a renewal notice does not prevent renewal, except where applicable law requires the notice as a condition of renewal.

10.3 Renewal price. The membership renews at the same Membership Price unless the renewal notice states a different price. A different price may reflect the quantity of pine straw actually used, changes to the Member's beds, or changes in the Company's costs.

10.4 Promotional pricing. Promotional discounts and sign-up offers apply to the first Membership Year only, unless the Enrollment Quote states otherwise.

10.5 Updated terms. The Company may update the terms of this Agreement only for future Membership Years, by including the updated terms with the renewal notice. Updated terms take effect on the Renewal Date and do not change the terms of the then-current Membership Year.

10.6 Effect of renewal. If the Company does not receive the Member's Written Notice of non-renewal at least thirty (30) days before the Renewal Date, the membership renews for the full new Membership Year, and that Membership Year is binding on the Member. Any cancellation received after that deadline is an early cancellation under Section 9.2, and the Cancellation Balance applies.

Article 11. Notices

11.1 Written Notice from the Member. Any notice by the Member to cancel, not renew, or make any other request under this Agreement ("Written Notice") must be in writing, signed by the Member, and delivered by U.S. mail or hand delivery to:

Pinestraw America LLC 111 Lone Wolf Drive Madison, Mississippi 39110

The Company recommends certified mail, return receipt requested, as proof of delivery.

11.2 Effective date. Written Notice is effective upon the Company's receipt. The Company will confirm receipt in writing within five (5) business days. If the Member does not receive confirmation, the Member should contact the Company.

11.3 Ineffective communications. Email, telephone calls, text messages, social media messages, and messages given to Company personnel at the Service Address do not constitute Written Notice.

11.4 Notices from the Company. The Company may give notices to the Member by email, text message, or mail, using the contact information on file. The Member shall keep that contact information current.

Article 12. Three-Day Right to Cancel

12.1 Right to cancel. The Member may cancel this transaction, without penalty or obligation, at any time before midnight of the third (3rd) business day after the Effective Date, by delivering the Notice of Cancellation attached as Exhibit A, or any other written notice, to the Company at the address in Section 11.1.

12.2 Refund. Upon timely cancellation under this Article 12, the Company will refund all payments made within ten (10) business days after receiving the notice.

12.3 Scheduling. The Company will not perform the first installation until the cancellation period in Section 12.1 has expired.

Article 13. Access and Property Conditions

13.1 Member's obligations. The Member need not be present for Services. On each scheduled service date, the Member shall keep gates unlocked, secure all pets, and turn off irrigation.

13.2 Denied access. If the Company's personnel cannot access the beds, or cannot safely perform the work, the scheduled Service is deemed performed. It will not be rescheduled, and all amounts remain due.

13.3 Marking. Before the first Service, the Member shall mark or disclose to the Company all sprinkler heads, drip lines, landscape lighting, low-voltage wiring, invisible pet fences, and other items located in or near the beds. The Company is not responsible for damage to items not marked or disclosed.

13.4 Utility locates. The Company will comply with the "811" underground facility notification laws of Mississippi, Alabama, and Florida to the extent they apply to its work.

13.5 No on-site changes. Company personnel at the Service Address are not authorized to accept additional work or to modify the Member's plan. All requests must be directed to the Company at operations@pinestrawamerica.com or 601-658-0045.

Article 14. Service Standard and Warranty Disclaimer

14.1 Standard of performance. The Company will perform the Services in a workmanlike manner.

14.2 Natural product. Pine straw is a natural product. Its color fades, and it settles, decomposes, and may be displaced by wind or water. Weeds may grow through it. The Company does not guarantee appearance, duration of coverage, plant health, or freedom from weeds.

14.3 Concerns and touch-up visit. The Member shall report any concern about a Service, with photographs, to operations@pinestrawamerica.com within forty-eight (48) hours after the Service is performed.

(a) For a concern reported within that period, the Company will make one (1) touch-up visit at no charge.

(b) If the Member declines the touch-up visit or fails to provide access for it, the concern is waived.

(c) Beyond that one visit, the Company has no obligation to re-perform work or issue refunds.

(d) Any concern not reported within forty-eight (48) hours is waived.

14.4 Dissatisfaction not grounds to cancel. Dissatisfaction with the Services, whether or not reported, does not entitle the Member to cancel without paying the Cancellation Balance, to withhold or reduce payments, or to dispute amounts owed. Only a failure to perform under Section 9.6 permits termination without the Early Exit Charge.

14.5 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 14, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Article 15. Fire Safety

15.1 Pine straw is combustible. The Member is responsible for keeping grills, outdoor fire features, heat sources, and smoking materials away from pine straw, and for complying with any clearance requirements of local fire codes or the Member's insurer.

15.2 The Company installs pine straw in the beds identified at assessment. The Company is not liable for fire or fire-related damage involving installed pine straw, except to the extent caused by the Company's gross negligence or willful misconduct.

Article 16. Damage Claims and Limitation of Liability

16.1 Reporting period. The Member shall report any property damage allegedly caused by the Company, with photographs, within forty-eight (48) hours after the Service. To the extent permitted by law, any claim not reported within that period is waived.

16.2 Insurance. The Company maintains commercial general liability insurance.

16.3 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY THE MEMBER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

16.4 Exceptions. Section 16.3 does not limit liability for the Company's gross negligence or willful misconduct, or any liability that cannot be limited under applicable law.

16.5 Indemnification. The Member shall indemnify and hold harmless the Company from third-party claims arising from hazardous conditions at the Service Address not created by the Company.

Article 17. Photographs

The Member grants the Company a non-exclusive, royalty-free license to photograph the beds and exterior of the Service Address and to use those photographs in its marketing. The Company will not publish the Member's name or street address without the Member's consent. The Member may opt out on the signature page or at any time by Written Notice.

Article 18. Electronic Records and Communications

18.1 Electronic records. The Member consents to sign and receive this Agreement, notices, receipts, and other records electronically, and agrees that electronic signatures have the same effect as handwritten signatures.

18.2 Messages. The Member consents to receive service, billing, and account communications by email and text message at the contact information provided. Message and data rates may apply. The Member may opt out of marketing text messages by replying STOP; the Company will continue to send service and billing communications.

18.3 Survival of consent. The consent in Section 18.2 continues after the membership ends, so that the Company may communicate with the Member regarding amounts owed, until the Member revokes it.

Article 19. Force Majeure

19.1 The Company is not liable for any delay or failure to perform caused by weather, natural disaster, supply or labor shortages, government orders, or other events beyond its reasonable control. The Company may reschedule affected Services.

19.2 If such an event prevents the Company from performing scheduled Services for ninety (90) consecutive days, either Party may terminate the membership by notice. In that event, the Member owes only for Services performed, valued at the membership rate, and no Early Exit Charge applies.

Article 20. Dispute Resolution

PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS THE MEMBER'S LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.

20.1 Informal resolution. Before commencing any proceeding, the Party asserting a claim shall send the other Party a written description of the claim and allow thirty (30) days for informal resolution.

20.2 Small claims. Either Party may bring an individual claim in the small claims court for the county in which the Service Address is located, if the claim is within that court's jurisdiction.

20.3 Binding arbitration. Except as provided in Section 20.2, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Company will pay the arbitration fees allocated to the business under those rules. Any hearing will be held in the county in which the Service Address is located, or by telephone or video conference.

20.4 CLASS ACTION AND JURY TRIAL WAIVER. CLAIMS MAY BE BROUGHT ONLY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY.

20.5 Mass filings. If twenty-five (25) or more similar claims are asserted against the Company by the same or coordinated counsel, the claims shall proceed in stages of no more than ten (10) claims at a time. No other claim in the group shall be filed with the arbitrator, and no fees shall be assessed on it, until the preceding stage is resolved. After the first stage, the Parties shall mediate the remaining claims in good faith, and the Company shall pay the mediator's fees. All applicable limitations periods are tolled for claims awaiting their stage.

20.6 Attorney's fees. Each Party shall bear its own attorney's fees, except as provided in Section 7.7 or as awarded by the arbitrator under applicable law.

20.7 Severability. If the class action waiver in Section 20.4 is found unenforceable as to any claim, this Article 20 shall not apply to that claim, which shall be heard only in court.

Article 21. General Provisions

21.1 Governing law. This Agreement is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Mississippi, without regard to conflict-of-laws principles. Any non-waivable consumer protection law of the state in which the Service Address is located also applies.

21.2 Assignment. The Company may assign this Agreement, in whole or in part, including its right to receive payments, without the Member's consent. The Member may assign this Agreement only under Section 9.5(d) or with the Company's prior written consent.

21.3 Entire agreement. This Agreement, including the Enrollment Quote and Exhibit A, constitutes the entire agreement between the Parties and supersedes all prior agreements and representations regarding its subject matter.

21.4 Amendment. This Agreement may be amended only by a writing signed by both Parties, or at renewal under Section 10.5.

21.5 Severability. If any provision of this Agreement is held unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

21.6 No waiver. The Company's failure to enforce any provision is not a waiver of its right to enforce that provision later.

21.7 Survival. Articles 7, 9, 14, 15, 16, 20, and 21 survive the termination or expiration of the membership.

21.8 Headings. Headings are for convenience only and do not affect interpretation.

21.9 Counterparts; electronic signatures. This Agreement may be executed electronically and in counterparts, each of which is an original and all of which together are one instrument.

Signature Page

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

Payment Election (check one)

☐ Monthly Installments of $____________ per month (Section 6.3)

☐ Pay in full: $____________ for the Membership Year, reflecting a 5% discount (Section 6.4)

Authorizations and Acknowledgments (Member to initial each)

______ I authorize Pinestraw America LLC to charge my card on file the payment amount elected above, on the same day of each month (or annually, if paying in full), for each Membership Year, together with any other amounts due under this Agreement, until all amounts owed are paid.

______ I understand that my membership renews automatically each year unless I give Written Notice by mail or hand delivery at least 30 days before my Renewal Date (Articles 10 and 11).

______ I understand that if I cancel early, I will owe the Cancellation Balance, including an Early Exit Charge of the greater of $250 or 25% of my remaining installments (Article 9).

______ I agree that charges made under this Agreement are authorized, and that I will contact Pinestraw America at 601-658-0045 or operations@pinestrawamerica.com before disputing any charge with my card issuer (Section 7.6).

______ I agree that if I dispute a charge, Pinestraw America may provide this signed Agreement, my electronic signature record (date, time, email address, and IP address), and my service records to its payment processor and my card issuer as evidence that I authorized the charge.

☐ I opt out of the use of photographs of my property in marketing (Article 17).

Execution

By signing below, the Member acknowledges that the Member has read and agrees to this Agreement, including the automatic renewal terms in Article 10, the cancellation terms in Article 9, and the arbitration and class action waiver in Article 20, and has received a complete copy of this Agreement and two (2) copies of the Notice of Cancellation.

MEMBER

PINESTRAW AMERICA LLC

Signature

Printed name

Title

—

Date

Service Address

—

Plan

—

Email

—

Phone

—

Exhibit A: Notice of Cancellation

(Two copies to be furnished to the Member at signing, with the transaction date and cancellation deadline completed.)

NOTICE OF CANCELLATION

Date of transaction: ______________________

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO PINESTRAW AMERICA LLC, AT 111 LONE WOLF DRIVE, MADISON, MISSISSIPPI 39110, NOT LATER THAN MIDNIGHT OF ______________________.

I HEREBY CANCEL THIS TRANSACTION.

Date: ______________________

Buyer's signature: ______________________