RUSHING RANGES, LLC — MASTER TERMS & CONDITIONS

Effective Date: October 2021 (as updated)

Terms & Conditions of Sale

RUSHING RANGES, Inc. and RATAS Investments, Inc. Collectively ÒRRÓ TERMS AND CONDITIONS RECITALS I. RR as defined herein, is a ballistics equipment manufacturer/installer and HVAC provider. RR supplies ballistic rubber and steel traps, steel baffles, target systems, and shooter stalls. II. Customer, as defined herein, wishes to do business with RR. If Customer has already received but not yet signed a proposed Scope of Work or other like proposal from RR, Customer acknowledges that like any other contractual offer, until accepted with CustomerÕs signature, RR has sole discretion to withdraw or modify such offer at any time. III. Customer acknowledges that notwithstanding anything stated in these Terms and Conditions or in the proposed Scope of Work, Customer, as Owner/Operator of a shooting range for which Customer has sought ser – vices from RR, there are specific obligations that remain those exclusively of Customer and to no extent the re – sponsibility of RR. IV. The aforesaid exclusive responsibilities and obligations of Customer are stated here to avoid doubt and to make clear that Customer shall be solely responsible for the purchase, installation and quality control of the following items: ¥ Installation of 2Õ x 2Õ drop ceiling GRID ONLY to the firing lane; ¥ Provide all necessary gas, water and draining piping to the equipment provided; ¥ Roofing cutting, coring and or patches needed for wall surfacing; ¥ Provide all necessary penetrations to the building required as well as sealing penetration from leaks of air or water; ¥ Provide all structural engineering, supports, pads as needed; ¥ Provide 120-Volt power to Rushing Air Control Panel & dedicated private LAN, all necessary control conduit per drawings; ¥ Install appropriate structural supports to handle baffles and retriever track; ¥ Provide uni-strut on the backside of baffles for retriever mounting; ¥ Provide temporary power (at a minimum); ¥ Provide forklift access Ð if no forklift access is provided additional costs and installation delays will occur; ¥ Prior trades must be at substantial completion of range area for quoted installation. Site-related delays may incur additional installation costs; ¥ Adequate and secured staging area required. RR is not responsible for the onsite theft of materials; ¥ Any electrical components, sprinkler systems, forward of the firing line must be approved by RR; ¥ Other trades should not place any fixtures or fixed materials in any location that RR is planning to install stalls, baffles and traps. ¥ Any fixture placed downrange without RRÕs express written approval will incur range installation delays and likely additional costs to Customer; ¥ Provide downrange lighting. Can be attached to uni-strut mentioned above on the back of the baffles. CustomerÕs Initials ____and Date_______, 2021 1 A. Acceptance of Terms; CustomerÕs Initials _____and Date _______, 2021. Customer acknowl – edges that with its initials on this page, on each and every other page of these Terms and Conditions (ÒTCÕsÓ), and with CustomerÕs signature hereon and on any other RR Agreement into which these TCÕs are incorporated or made a part (ÒRR AgreementÓ), Customer hereby accepts all of these TCÕs. For purposes of these TCÕs or any RR Agreement, ÒCustomerÓ means any counter-party to any RR Agreement, unless in such RR Agreement the counter-party is specifically and otherwise defined. Upon accep – tance hereof, any modifications, additions, deletions, or other changes to these TCÕs or any RR Agreement are subject to the requirements of paragraph Q.7 below. Upon Acceptance, Customer shall have no unilateral right of cancellation, which is strictly subject to the express consent of RR in its sole discretion. Customer acknowledges that failure to make a required payment of any kind does not constitute a cancelation by Customer of these TCÕs, of any obligation of Customer under any RR Agreement to which Customer is a party, nor any prejudice to RRÕs rights. B. CustomerÕs Credit Cards, Authorization, and Guarantee . Customer acknowledges use of cred – it cards to satisfy obligations to RR is a privilege granted exclusively by RR on a case-by-case basis, with RRÕs sole discretion at any time during the business relationship with Customer to decline acceptance of payment by credit card. Customer hereby guarantees, represents and warrants, knowing RR is relying thereon, that if Cus – tomer uses a credit card to pay RR, then: (a) the credit card information Customer will provide to RR is for a credit card that Customer owns, controls and/or has authority to use; and (b) Customer shall promptly pay RR for all of the costs, losses and expenses RR may incur (including, without limitation, internal administrative fees, ac – tual attorney fees and collection agency fees), if CustomerÕs Credit Card Guarantee is false and/or RR engages in collection efforts to receive or recover money due in whole or in part to CustomerÕs breach of this Credit Card Guarantee. Customer hereby specifically waives any right to attempt or effect a credit card chargeback as a dis – pute resolution mechanism, and specifically agrees that any dispute between the parties shall be governed and resolved pursuant to RRÕs Dispute Resolution Policy, a copy of which RR has provided to Customer. T he Parties further agree that if Customer, notwithstanding this paragraph, nevertheless attempts to affect a credit card chargeback, RR shall be entitled to submit this paragraph, these TCÕs, and RRÕs Dispute Resolution Policy to any subsequent Merchant Service provider or chargeback arbiter to whom Customer shall have made a chargeback request, and this paragraph and these TCÕs shall be a dispositive, absolute and complete defense by RR to any chargeback sought by Customer; it hereby being the express, present and continuing intent of Customer never to make a credit card chargeback to resolve any dispute that may arise between Customer and RR. Customer agrees that if it submits a chargeback request notwithstanding this express waiver of such right, then Customer shall be – come immediately liable to RR for its administrative fee of $3,500 required to dispute the chargeback, plus RRÕs attorneysÕ fees and costs incurred to enforce this paragraph. C. RRÕs Prices . Price and terms quoted by RR to Customer are subject to change at any time, and bind neither party until such offer, Scope ofWork or proposal in which price is stated, or like, is accepted in writ – ing signed by duly authorized officers or agents of Customer; subject generally, however, to a courtesy, non- obligatory 30-day grace period from the date on which RR first issued a proposal to Customer as the offer to the Customer, during which grace period RR will endeavor not to change price or terms even before accepted by Customer. RR is not responsible for pricing, typographical, or other errors in any quote by it, and reserves the right to cancel any orders resulting from such errors. CustomerÕs Initials _____ and Date _____, 2021 2 All prices are quoted in U.S. Dollars and exclude taxes, including state and local use, sales, property ( ad valorem ), and similar taxes. Customer shall pay and indemnify RR for any tax (except taxes on RRÕs income), unless Customer has provided RR in advance with proof by a valid exemption certificate, that such sale is tax- exempt. D . CustomerÕs Payments . Customer shall pay draws, invoices, or purchase prices, deposit(s), and any portion thereof in U.S. Dollars by wire transfer, credit card if approved by RR, cashierÕs check, or other pre – arranged method of payment of cleared and available funds, to be pre-approved in RR’s sole discretion. Upon CustomerÕs signing of any proposal, Scope of Work, deal point memo, letter of intent or the like, to which RR is a counter-party, the following conditions and requirements shall apply to CustomerÕs Payment(s): 1. Payment in Full . One hundred percent (100%) of the purchase or contract price is immedi – ately due and payable unless otherwise stated in a draw or deposit schedule, or the like. If Customer does not pay a payment when due, as agreed, then 100% of the purchase or contract price shall accelerate and shall become immediately due and payable unless such late payment is cured by full payment within 10 business days. 2. Financing . Customer acknowledges that anything short of 100% pre-payment or payment as otherwise agreed, puts RR in the position of a de facto lender for the entire contract prices. Unless otherwise agreed in a writing signed by RR, which is within RR’s sole discretion, Customer shall have already obtained its financing, if any, and shall have timely paid RR in full or shall pay as agreed in draws or installments, before RR has any performance obligations. Any request by Customer to delay or modify agreed payment schedules shall immediately suspend RRÕs performance obligations until such delay or modification requests are resolved in writing by the parties or withdrawn by Customer. 3. Draw Schedule and Collection . The schedule of payments by Customer to RR (Òdraw scheduleÓ), and collection thereof by RR, shall be as stated in the Scope of Work or similar proposal signed by Customer. 4. CustomerÕs Failure to Pay . (a) Interest, Re-Stocking. If Customer fails to pay RR any amounts owed when due or as agreed, and fails to cure such late payment by full payment within 10 business days, then interest shall accrue on such uncured, unpaid amounts from the date due until paid in full at 1 ! % per month. In the case of non-standard goods return of which RR has the sole discretion to accept, a restocking charge of fifteen percent (15%) of F.O.B. price. Non-standard goods are never returnable. (b) No Duty to Mitigate Damages . Customer hereby waives any duty of RR to mitigate or attempt to mitigate damages in the event of CustomerÕs breach, anticipatory breach, or material repudiation of theseTCÕs or any RR Agreement. In such event, RR shall have no duty to seek from Customer, or offer Customer any opportunity to effect, a retraction of a repudiation. Material breach or repudiation by Customer shall termi – nate any obligation by RR to Customer, and RR shall be entitled to any and all rights and remedies at law, equity or by statute. CustomerÕs Initials _____ and Date _____, 2021 3 (c) Specific Performance . Customer acknowledges that RR is not always acting in the role of an original equipment manufacturer, and that any specially ordered goods or components (regardless whether governed by the Uniform Commercial Code), as the case may be, and sold by RR to Customer pursuant to these TCÕs and any RR Agreement, are unique, not fungible, and without readily available substitutes or other cus – tomers or buyers. Therefore, Customer acknowledges that money damages alone would be an inadequate remedy for RR in the event of CustomerÕs threatened or actual material breach or repudiation of these TCÕs or any RR Agreement. Without prejudice to any of RRÕs other rights and remedies, and in RRÕs sole discretion, RR shall be entitled to equitable relief (including without limitation a decree of specific performance or injunctive relief) con – cerning any threatened or actual material breach or repudiation of these TCÕs or any RR Agreement by Customer. The Parties expressly agree and intend that this stipulation in this paragraph definitively demonstrate, and shall demonstrate without dispute, irreparable harm should RR seek injunctive relief. The Parties further expressly agree and intend that the Uniform Commercial Code as adopted in the Texas Business and Commerce Code, does not limit or displace any law or equity principles at common law, but instead that for purposes of these TCÕs or any RR Agreement, such common law principles shall supplement the Texas Business and Commerce Code. (d) Lost Volume Seller . Customer hereby acknowledges, stipulates and agrees as follows: (i) RR is a Òlost-volume seller;Ó (ii) RR does not have an unlimited supply of standard-priced goods, components or services to sell to market participants in CustomerÕs industry; (iii) in the event of breach and non-performance by Customer, that parties hereby stipulate that RR could have made other sales in the ordinary course of RRÕs business, but for CustomerÕs breach; (iv) RR shall not be deprived of the profit from such additional putative sales; (v) the breaching Customer shall not be permitted to count the proceeds from RRÕs additional sales, real or imputed, in mitigation; (vi) RR will not be made whole by the resale of goods or services or market price differ – entials even if applicable or available, which shall be inadequate for compensating RR generally or, when goods are involved, in accordance with UCC 2-708(1); (vii) CustomerÕs breach shall be deemed to have reduced RRÕs total number of sales generally, or when goods are involved, as derived and contemplated in UCC 2-708(2). (e) No Set-off Right . Customer shall not have, and acknowledges that it as no right, by these TCÕs, any RR Agreement, or any arbitration or court order, or under law, to withhold, offset, recoup, debit or seek self-help in any way for any amounts owed (or to become due and owing) to RR. (f) Ventilation Lock-Out for Missed Payments. In the event of any late payment due RR, that Customer fails to fully cure within 10 business days from the date such payment became due, RR may in its sole discretion, remotely render the the CustomerÕs ventilation/retriever system inoperable by wireless lockout. Customer will not have the capability to turn the ventilation system on or off, or operate retrievers, until any un – cured late payment is fully cured by payment in full. E. CustomerÕs Authority, Licensure, and Waiver of Reliance for Selection of Goods or Services . Customer acknowledges the equipment, goods, products, systems or services sold or to be performed by RR pur – suant to these TCÕs or any RR Agreement, may involve firearms that may be regulated under federal, state or lo – cal laws and guidances. Customer hereby disclaims and waives any reliance upon RR for selection of any such equipment, goods, products or services to fit any specific request of Customer. Customer also hereby represents that it/they are licensed, as and if needed, in the State to which any equipment, goods, products, systems or ser – vices to be sold or performed hereunder shall be delivered and/or operated, and that Customer has actual or ap – parent contractual or legal authority under law to enter into these TCÕs and any RR Agreement. Customer further CustomerÕs Initials _____ and Date _____, 2021 4 acknowledges that it is responsible for operating such equipment, goods, products, systems in accordance with all applicable federal, state and local laws and guidances. F. CustomerÕs Indemnity . Customer acknowledges that it has the sole responsibility to use, operate, and maintain all equipment, goods, products, systems sold to it by RR in a secure, safe manner, and in accordance with good safety and appropriate public health practices. Customer hereby indemnifies, and shall defend and hold harmless RR, its directors, officers, employees and agents, from any and all liabilities, damages, losses, claims or expenses, including internal administrative fees, arbitration or court costs, expert witness fees and reasonable at – torneysÕ fees (ÒLossesÓ) arising out of or in connection with (i) any willful, negligent or misuse of the equipment, goods, products, systems or services sold or to be performed by RR pursuant to these TCÕs or any RR Agreement, by Customer and/or any of its employees, contractors or representatives; (ii) CustomerÕs use, sale, lease, transfer or other exploitation of any such equipment, goods, products, systems or services in a manner not authorized or reasonably contemplated by these TCÕs or any RR Agreement; (iii) any injury or death of a person or damage to property to the extent caused by or arising out of any acts or omissions of Customer, its agents, employees, and contractors, or in connection with such equipment, goods, products, systems or services handled, stored, sold, applied or otherwise utilized by Customer; (iv) CustomerÕs material and uncured breach of this Agreement; and (v) any failure by Customer, its employees, agents or contractors, to comply with these TCÕs or the any RR Agreement, or applicable federal, state and local laws, regulations and guidances. G. RRÕs Limitation of Liability : In no event will RR, its officers, directors, employees, contractors or agents, be liable under any theory of recovery, whether based in contract, tort (including negligence and strict liability), warranty or otherwise, for any INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUD – ING LOSS OF PROFITS, LOSS OF USE, COST OF COVER), OR PUNITIVE DAMAGES. Under no circum – stances will RR’s aggregate liability under any theory of recovery exceed the price paid by Customer for the equipment, goods, products, systems or services products or services at issue. The prices and limitations of liabil – ity set forth herein reflect the allocation of risk agreed to by Customer and RR. Customer acknowledges that RR would not sell anything to or contract with Customer without these limitations of its liability, and that these limi – tations shall apply notwithstanding any failure of essential purpose of any limited remedy. H. RRÕs Limited Warranty. Customer acknowledges the equipment, goods, products, systems or services sold to it pursuant to these TCÕs or any RR Agreement are sold by RR to Customer Ò AS IS, Ó unless a dif – ferent warranty and/or warranty period is specifically otherwise stated in the Scope of Work or like proposal signed by the parties, or in any RR Agreement. RR warrants that the equipment, goods, products, systems or ser – vices to be sold to Customer as identified in any RR Agreement will be in good working order upon the delivery or completion date and for a period of thirty (30) days (ÒWarranty PeriodÓ), unless specifically otherwise stated in the Scope of Work or like proposal signed by the parties, or in any RR Agreement. Any warranties for specific parts or equipment which may be available directly from a manufacturer to the end-user will be passed on by RR to Customer. I. Invalidation of RRÕs Limited Warranty . Customer acknowledges that it shall invalidate RRÕs Limited Warranty or any other stated, applicable warranty if any of the equipment, goods, products, systems or services that are the subject of any RR Agreement are: (1) installed, modified or repaired by anyone other than a facility or technician approved by RR in writing in advance of the installation, modification and/or repair; (2) CustomerÕs Initials _____ and Date _____, 2021 5 handled, maintained or used in a manner inconsistent with and/or contrary to – if applicable – the original manu – facturerÕs and/or RR’s recommended procedures and/or instructions; (3) damaged through CustomerÕs accidental or intentional misuse, negligence, or abuse, or the same by CustomerÕs employees, agents or representatives; and/ or (4) damaged by any external cause outside of RR’s control, including but not limited to, damage due to any other person or entity moving the equipment, goods, products, systems from one location to another, power fail – ure, earthquake, flood, fire or Act of God. Customer shall also void any warranty by any attempt to rebrand any RR-branded component or aspect on, or of, an installation by RR. Customer acknowledges that any attempt to rebrand anything that is RR-branded is an intentional interference with RRÕs trade dress beyond the just the RR name or a RR logo. J. RRÕs Disclaimers . Customer acknowledges that it has not relied upon any warranty other than the Limited Warranty set forth above or another specifically stated warranty, and acknowledges that RR is not bound by any warranty that may be set forth in any manufacturerÕs written materials that might have applied had Cus – tomer purchased the equipment, goods, products, systems or services directly from a manufacturer in their un – used state. Except for the Limited Warranty set forth above, or any other specifically stated warranty, RR hereby EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND/OR IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. K. Warranty Service . (a) Customer hereby agrees that twenty four (24) hours after the time of deliv – ery of equipment, goods, products, systems as documented by the shipper or other completion date, is a reason – able time for inspection, acceptance of conforming or non-conforming equipment, goods, products, system or for rejection of same, and that after such 24 hours has lapsed, all such equipment, goods, products, or systems deliv – ered or installed shall be deemed accepted and conforming. Th ereafter, t o be eligible for the service or any reme – dy under RR’s applicable Warranty, Customer must and shall, within forty-eight (48) hours after discovering any non-conformance that is within the applicable warranty period: (1) notify RR in writing and specifically describe the facts and circumstances relating to the alleged non-conformance (hereinafter ÒWarranty NoticeÓ); and (2) if possible return such equipment, goods, products, systems to RR within thirty (30) days of the Warranty Notice for inspection and evaluation through RR’s designated representative and if applicable to an authorized RR ser – vice location, unless RR expressly advises Customer in writing that it is not required to return such non-conform – ing equipment, goods, products, systems or a part thereof. Before returning anything to RR, Customer must ob – tain a return authorization number from RR. Buyer shall return the applicable equipment, goods, products, sys – tems or part thereof marked with the return authorization number. At RR’s sole discretion when practicable, RR may evaluate and/or service the non-conforming equipment, goods, products, systems or part thereof at Cus – tomerÕs place of business. Upon receipt, inspection and/or evaluation, RR will determine, in its sole discretion, whether to: (i) repair; (ii) replace; and/or (iii) refund an equitable portion of the purchase price Customer paid that is allocable to the non-conformance. RR will notify Customer in writing of the election. The foregoing reme – dies are RR’s sole obligation and CustomerÕs sole remedy for any claim made under the Limited Warranty or any other applicable, specifically stated warranty. Customer acknowledges that unless RR states otherwise in writing, RR will utilize parts, components or materials to make any necessary repairs or replacements, and the source or cost of such shall be determined solely by RR. CustomerÕs Initials _____ and Date _____, 2021 6 (b) If RR elects to repair or replace any aspect of a non-conformance, then RR shall, within a reasonable time, make such replacement or repair available for shipment (if applicable due to the nature of the non-confor – mance) to Customer Ex Works from RR’s facility. If RR elects to refund an equitable portion of the purchase price, as determined by RR in its reasonable discretion, then RR will issue that refund to Customer within a rea – sonable time. L. Shipments, Title, Risk of Loss Insurance : All prices for materials, delivery dates. dates of com – mencement of work and installation dates during any RR Agreement are reasonable estimates consistent with the common law, and the applicable Uniform Commercial Code to the extent any RR Agreement involves the sale goods to or by RR. Customer acknowledges that for the foreseeable, indefinite future, and for the life of the ap – plicability of these TCÕs and duration of any RR Agreement, the challenged post-pandemic global supply chain makes it impossible for RR to be held to strict pricing or performance, and RR shall not be liable for any dam – ages, costs or losses incurred by Customer or others for failure to meet specific prices, delivery, installation or completion date(s). All of RR’s deliveries of anything except services are Ex Works at RR’s designated facility. Title to equipment or goods (except software products and documentation), and risk of loss and damage, shall pass to Customer when such are delivered and accepted by Customer per the signed shipment waybill (here – inafter ÒDeliveryÓ). Title to software products and documentation, if ever applicable, shall remain with the ap – plicable licensors. Customer must notify RR, in writing, upon signing and presenting these TCÕs and any RR Agreement to RR, of any delayed or exceptional shipping requirements Customer may have, including, but not limited to, facility availability or unique delivery requirements and pay for all of the additional costs RR incurs because of them. If Customer fails to notify RR of such requirements when Customer signs and presents these TCÕs or any RR Agreement to RR, then RR will follow its typical order processing and delivery procedures and will not be liable for any exceptional shipping, delivery and/or storage costs, all of which shall be CustomerÕs sole responsibility. Customer shall obtain and maintain, at its sole expense, from the time of Delivery until payment by Cus – tomer of the full amount due hereunder, insurance against loss, theft, damage or destruction for full replacement value or payment of the full contract price, with loss payable to RR or its assignee. M. Export Controls . Equipment, goods, or systems to be delivered by RR may include technology subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export control laws, orders and regulations of the country in which such items are manufactured and/or used. Customer is solely responsible for and shall fully comply with such laws, orders and regulations. Not limiting the foregoing, Customer will not use for its benefit, or sell, lease, export, re-export or otherwise transfer equipment, goods or systems to restricted end-users (including those on the U.S. Department of Com – merce, Bureau of Industry and Security ÒEntity ListÓ and other lists of denied parties) or to restricted or boycott countries identified by the U.S. Department of State or the U.S. Treasury Department. Customer will obtain all necessary licenses and other governmental approvals prior to exporting or re-exporting such items. Customer and RR hereby disclaim the applicability of the 1980 U.N. Convention on the International Sale of Goods. N. Force Majeure : RR’s performance hereunder is subject to postponement or cancellation, in its sole discretion, for any cause beyond RR’s reasonable control, including without limitation: supply chain shortage or delay beyond RRÕs control; inability to obtain or transport safely any or necessary materials and components; CustomerÕs Initials _____ and Date _____, 2021 7 strikes, labor disturbances, and other unavailability of workers; fire, flood, and other acts of God; war, domestic or international terrorism, riot, civil insurrection, and other disturbances; production or engineering difficulties; and governmental regulation, orders, directives, and restrictions. T his provision does not exclude, but rather augments, application of the doctrine of impracticability at common law or, when applicable, under the UCC, e.g. , ¤ 2-615, entitled ÒExcuse by failure of presupposed conditions.Ó O. Business-to-Business Transaction . The Parties agree this is not a consumer transaction, and hereby expressly exclude from these TCÕs and any RR Agreement or the understandings of the Parties, any feder – al, state, or local consumer protection law, statute, regulation or guidance. In the case of the sale of goods, the parties to any RR Agreement agree they are Merchants under the UCC. P. Dispute Resolution . Any dispute between the parties that arises during or after termination of an RRAgreement to which Customer is a party, shall be governed and resolved by RRÕs Dispute Resolution Policy, a copy of which RR has previously provided to Customer and terms of which are hereby incorporated into and made a material part of these TCÕs and any RR Agreement. Q. Miscellaneous : 1. RRÕs Proprietary and Intellectual Property Rights . Customer agrees that the equipment, goods, products, systems or services sold by RR to Customer are considered proprietary in design, engineering and performance. Any attempt to copy, reverse engineer, manufacture, or otherwise use the equipment, goods, products, systems or services as a manufacturing reference, is strictly prohibited. Customer agrees not to reverse engineer or re-engineer anything sold to it by RR. For its marketing purposes, RR shall have the unfettered right to use any images and videos of any facility in which it has performed under any RR Agreement with Customer. All non-public, confidential, or proprietary information of RR, including but not limited to specifications, sam – ples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, that RR may disclose to Customer, whether disclosed intentionally, inadvertently, orally or disclosed or accessed in written, electronic or other form or media, and regardless of whether marked, designated, or other – wise identified as Òconfidential,Ó in connection with these TCÕs or any RR Agreement, is confidential, and may not be disclosed or copied unless authorized in advance by RR in writing. Upon RRÕs request, Customer shall promptly return all confidential documents and other materials received from RR. RR will be entitled to injunc – tive relief for any violation of this paragraph, without having to post bond or establish the insufficiency of a rem – edy at law. This paragraph does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party if such third party had rightful, authorized access. Customer acknowledges and agrees that any intellectual property rights that may relate to the manufacturing of goods or rendering of services by RR are the sole and exclusive property of RR or its third party grantees or licensors, and Customer shall not acquire any ownership interest in any of RRÕs intellectual property rights under any Agreement with RR or otherwise. Any goodwill that may be derived from the use by Customer of RRÕs intellectual property rights inures to the benefit of RR or its third-party licensors. Without limiting the foregoing, all tooling, dies, test and assembly fixtures, gauges, jigs, patterns, cast – ing patterns, cavities, molds, and documentation (including engineering specifications and test reports), and the like, used by RR in connection with its manufacture, installations, or distribution of goods or other services, to – CustomerÕs Initials _____ and Date _____, 2021 8 gether with any accessions, attachments, parts, accessories, substitutions, replacements and appurtenances thereto are owned exclusively by RR or its affiliates, and Customer has no right, title, or interest in same. 2. Hazardous Materials . Unless specifically stated otherwise in the Scope of Work, RR has not considered any hazardous material in the area contemplated by the Scope of Work. Any hazardous material (including but not limited to asbestos) encountered by RR must be removed by Customer at CustomerÕs sole cost and liability, and RR will be entitled to a Change Order for any additional costs or delays. 3. No Product Returns as Payment . Unless specifically agreed in writing signed by an autho – rize representative of RR, RR will not accept the return of any equipment, goods or products as settlement or payment for any debt of Customer to RR. RR will only accept payment of US Dollars as payment in full or to compromise or settle a debt of Customer. 4. Relationship of the Parties . The relationship between RR and Customer is solely that of vendor and vendee, and are independent contracting parties. 5. Successors and Assignments . Customer shall not assign or transfer any of the rights, duties, or obligations herein without RR’s prior and express written consent; any purported attempt to do so will be null and void. These TCÕs and any RR Agreement bind and inure to the benefit of the parties and their respective per – mitted successors and permitted assigns. 6. Social Media Moratorium. The Parties agree social media or any other type of online post – ings about one another are inappropriate for dispute resolution, purported problem solving, or any other reason or rationale, even if meant as constructive criticism, or even for commentary of any kind that seeks no direct action by, or no resolution with or from, the other party. Customer specifically acknowledges that but for this paragraph, RR would not enter into any contract or business relationship with Customer. RR and Customer agree that if ei – ther makes any online post about the other notwithstanding the PartiesÕ agreement to refrain from doing so, then the first-to-post party shall become immediately liable to the non-posting partyy for the liquidated damage of $100,000, plus the non-posting partyÕs attorneysÕ fees and costs incurred to enforce this paragraph. Violation of this paragraph by either party shall constitute repudiation and anticipatory breach of any RR Agreement, and the non-posting party shall be entitled to all remedies that flow therefrom, including those stated in the RR Dispute Resolution Policy. Either party may, with absolute legal impunity and immunity, respond to a post first made about it by the other. 7. Entire Agreement / Waivers/ Modifications / Headings : These TCÕs and any RR Agreement into which they are incorporated or a part constitute the complete understanding and intent of the parties concern – ing the subject matter hereof and any RR Agreement, and supersede all prior understandings, negotiations or of – fers, written or oral. These TCÕs and any RR Agreement may be amended only in writing, signed by an autho – rized representative of RR. Customer hereby represents that it has read and understands every word and each provision of these TCÕs and any RR Agreement, and has had ample time to seek legal counsel and ask questions if before signing any RR Agreement, Customer had any questions about any aspect of these TCÕs or any RR Agreement. Customer shall not insert or attempt to insert any additional or different terms pertaining to the sale of the equipment, products and/or services hereunder, and agrees that no such attempts by Customer can be con – CustomerÕs Initials _____ and Date _____, 2021 9 strued as RRÕs acceptance of any additional or different terms.Any purported changes, alterations, modifications, amendments, or additions to these TCÕs or any RR Agreement that do not precisely fulfill this requirement are not valid and are unenforceable. Acceptance by RR of any Customer Purchase Order is expressly made conditional on the CustomerÕs assent to these TCÕs. CustomerÕs assent to these TCÕs shall be presumed from CustomerÕs ac – ceptance of any part of the equipment, products and/or services that are the subject matter of any RR Agreement. The parties both acknowledge their sophistication and that no rule of construction shall be applied against either party to interpret these TCÕs or any RR Agreement. 8. AttorneysÕ Fees and Administrative or other Costs . Customer shall reimburse RR for all costs and expenses that RR may incur (including but not limited to expert witness fees, actual attorneysÕ fees, or collection agency or any other enforcement fees) in its efforts to enforce these TCÕs as they may appear in any RR Agreement, including to recover damages for breach of contract, to defend against allegations of breach of contract, or to collect any amounts due RR from Customer. Regardless whether RR has outside counsel or in- house agent and/or a non-attorney represent it in a dispute, mediation, arbitration, or litigation, RR shall recover from Customer as an uncontested element of damage, reasonable attorneysÕ fees and cost incurred to have outside counsel review and/or help RR prepare material for or to engage in such proceeding, as if outside counsel were of record in such proceeding. 9. No Waiver . No waiver under these TCÕs or any RR Agreement is effective unless it is in writing and signed by an authorized representative of RR. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from these TCÕs or any RR Agreement: (a) any failure or delay in exercising any right, remedy, power or privi – lege or in enforcing any condition hereunder or in any RR Agreement; or (b) any act, omission or course of deal – ing between the parties. 10. Headings . The headings of the sections and subsections of these TCÕs and any RR Agree – ment are for the convenience of the Parties and shall not be used to interpret, construe, or enforce the terms of the Proposal. 11. Severability : If any provision of these TCÕs is, for any reason, held invalid or illegal in any respect, such invalidity or illegality will not affect the validity of any RR Agreement in which these TCs are in – corporated or made a part, or the enforceability of the remaining provisions. 12. Survival; Statute of Limitations . Any provision that, in order to give proper effect to its in – tent, should survive expiration or termination of any RR Agreement, will survive the expiration or earlier termi – nation of any such RR Agreement. 13. Notice . Any required notices shall be provided in writing to Customer at the address it shall provide to RR, and to RR by email to [email protected], or by overnight courier to Jay Reis, CEO, Rushing Ranges, Inc., 3315 Spring Cypress Rd Building 4A Spring, TX, 77388 , or to such other addresses as either party may substitute by written notice to the other. CustomerÕs Initials _____ and Date _____, 2021 10 14. Confidentiality . To avoid doubt and to clarify the confidentiality provisions of para – graph Q.1 above, the parties agree that all non-public, confidential, intellectual property or proprietary information of RR, including but not limited to specifications, samples, patterns, designs, plans, draw – ings, documents, data, business operations, customer lists, pricing, discounts or rebates, that RR may disclose to Customer, whether disclosed intentionally, inadvertently, orally or disclosed or accessed in written, electronic or other form or media, and regardless of whether marked, designated, or otherwise identified as Òconfidential,Ó in connection with these TCÕs or any RR Agreement, is confidential, and may not be disclosed or copied unless authorized in advance by RR in writing. Upon RRÕs request, Cus – tomer shall promptly return all confidential documents and other materials received from RR. RR will be entitled to injunctive relief for any violation hereof, without having to post bond or establish the insuffi – ciency of a remedy at law.This paragraph does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confi – dential basis from a third party if such third party had rightful, authorized access. 15. No Restraints of Trade . Nothing in these TCÕs or in any RR Agreement limits or precludes RRÕs right to manufacture, sell, distribute, perform services, to or for any person or entity, or from entering into any agreement with any other person or entity in a business similar to or competitive with CustomerÕs business. 16. Counterpart Signatures. These TCÕs, and any contracts between RR and its contractual counter-parts may be signed in counterparts, and an electronically transmitted copy of an original signature shall be deemed the equivalent of an original signature. CustomerÕs Initials _____ and Date _____, 2021 11

Electronic Signature Policy

RUSHING RANGES, INC AND RATAS Investments, Inc. (ÒRRÓ) e-SIGNATURE Policy Effective Date: October, 2021 Purpose and Scope of Policy RR has adopted this electronic signature policy (this ÒPolicyÓ) to conduct business in an efficient manner by permitting the use and acceptance of electronic signatures (Òe-signaturesÓ) as an acceptable alternative to manual (i.e., written) signatures (to the fullest extent permissible under applicable law) when entering into written agreements with U.S.-based counter-parties. Pursuant to the ESIGN Act of 2000, an Òe-signatureÓ is defined as Òan electronic sound, symbol, process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record and be legally bound.Ó In other words, it is a paperless (i.e., digital) method of executing an agreement or other document with the intent to bind RR and counter-parties. This Policy supersedes and replaces any prior rules, standards, or policies that RR may have established prior to the Effective Date with respect to its use and acceptable of e-signatures. This Policy applies exclusively to domestic transactions. We do not extend the right to use or accept e-signatures in connection with any agreement (1) to be entered into with any non-U.S. person or entity; and/or (2) where the transaction(s) covered thereby will not take place exclusively in the U.S., unless prior written approval is first obtained from RR. This Policy applies to every individual executing an agreement or other documentation on our behalf at any time, as well as to any US-based entity transacting business with RR as a counter- party to a contract. It sets forth the requirements and guidelines to be followed in connection with our use and acceptance of e-signatures. Pre-Requisites to the Use of E-Signatures The following requirements must be met prior to any use or acceptance of an e-signature on RRÕs behalf: ¥ The employee or RR representative or agent seeking to execute the applicable agreement (the ÒSignatoryÓ) has already been authorized to execute agreements on RRÕs behalf. ¥ All counter-parties are U.S. persons or entities, and the transaction(s) covered by the agreement(s) are to take place solely within the United States. ¥ The transactions contemplated by the agreement do not involve the transfer of any rights in and to real property. ¥ The agreementÕs term is no longer than one year, unless otherwise authorized by RR. RUSHING RANGES, INC AND RATAS Investments, Inc. (ÒRRÓ) e-SIGNATURE Policy Effective Date: October, 2021 If any of the aforementioned requirements are not met, e-signatures may not be used or accepted on the applicable agreement unless prior written approval is obtained from RR. E-Mail and Other Electronic Correspondence Extreme care must be taken when sending e-mails that could reasonably be considered an acceptance of any term, condition, covenant, agreement, representation, warranty, commitment, or arrangement of any kind, as this could unintentionally bind RR or a counter-party to an unwanted, enforceable contract. When in doubt, include a statement such as: ÒThe statements set forth in this email in no way create an enforceable agreement upon either the sender or the recipient hereof.Ó Signature Authentication RR does not dictate a particular method that must be used for obtaining or providing an e- signature. The authorized RR representative or employee or counter-party representative or employee handling the process must take whatever steps are necessary to (1) ensure mutual consent to conduct business electronically; (2) authenticate all e-signatures; (3) verify that the agreement executed is identical to the document which the signatory intended to sign and therefore be bound by; and (4) protect the confidentiality of all applicable proprietary information throughout the entire process. Absent written objection to use of e-signatures, RR will assume all counter-parties assent to electronic transactions any waive objection.

Dispute Resolution Policy

RUSHING RANGES, Inc. and RATAS Investments, Inc., (collectively, ÒRRÓ) DISPUTE RESOLUTION POLICY OCTOBER, 2021 1. Choice of Law. This Dispute Resolution Policy (ÒPolicyÓ), independently and/or as it may appear in any contract between RR and a counter-party to which both are signatories, shall be governed by and construed in accordance with the laws of the State of Texas, including the Texas Uniform Commercial Code (ÒUCCÓ) when applicable, without reference to its con – flicts of laws principles. 2. Extrajudicial Dispute Resolution . Any person or entity doing business with RR pursuant to RRÕs E-Signature policy, or who is in privity of contract with RR [Òthe PartiesÓ], agrees that mediation and/or arbitration encourage broad enforcement of extrajudicial dispute resolution policies or agreements into which, like this one, the Parties agree to enter and follow voluntarily. The Parties agree that any dispute, controversy, or claim by, between or among them of any kind, or arising out of, relating to, or in connection with this Policy or a contract to which they are both signatories, including but not limited to issues regarding the formation, applicabili – ty, breach, termination, validity or enforceability thereof, shall be submitted for extrajudicial res – olution only; first to mediation, and if not resolved in mediation, then to arbitration. 3. Mediation . As the agreed initial step of the PartiesÕ agreement to submit disputes for extrajudicial dispute resolution only, the Parties agree that for any matter in which the amount in controversy is $250,000 or less, the Parties shall first submit the matter for an online, maxi – mum of 2-hour mediation with JAMS Endispute Online Mediation as described here: https:// www.jamsadr.com/endispute/ and in the following FAQ: https://www.jamsadr.com/files/Uploads/ Documents/JAMSconnect/Endispute-FAQ.pdf . If the matter is not resolved in the 2-hour media – tion, the parties can agree to extend the time for mediation sharing the cost equally, or if not so mutually agreed, the matter shall go to confidential arbitration, as described below. Failure or refusal of a party to participate in the aforesaid required 2-hour mediation shall operate as a full and complete waiver and release of any claim or defense against the other party, and may be af – firmatively pleaded as such in any action or proceeding. If this Policy appears in or is made part of a contract to which the Parties are signatories, then such failure or refusal to participate in said mediation shall be considered a material, anticipatory breach and an irrevocable repudiation of such contract, notwithstanding any statutory right to retract a repudiation of a contract. 4. Arbitration . A. With the sole exception of judicial enforcement of an arbitration award or appeal thereof as stated below in Subparagraph (C), the Parties agree no court shall have any ju – risdiction over any matter not resolved by mediation. The Parties agree that any dispute, contro – versy, or claim among or between them, or arising out of, relating to, or in connection with a contract to which they are signatories, including but not limited to issues regarding substantive or RUSHING RANGES, Inc. and RATAS Investments, Inc., (collectively, ÒRRÓ) DISPUTE RESOLUTION POLICY OCTOBER, 2021 procedural arbitrability, the formation, applicability, breach, termination, validity or enforceabili – ty thereof, shall be resolved pursuant to the Texas Arbitration Act (TAA), Tex. Civ. Prac. & Rem. Code ¤ 171.001, administered, determined and resolved in a confidential arbitration before the International Center for Dispute Resolution (IDCR.org), in accordance with its Expedited Proce – dures, found here: https://www.icdr.org/sites/default/files/document_repository/ICDR_Rules.pdf , at page 33. Unless the Parties specifically agree otherwise in writing, the regular, non-Expedited rules of the IDCR shall apply for cases in which the amount in controversy exceeds $250,000. B. Cases under ICDR Expedited Procedures shall be decided confidentially by one arbitrator, without oral hearings, on written submissions and/or permitted evidentiary submissions only, and without discovery or dispositive motions. Both Parties shall identify and disclose their witnesses with the filing of ClaimantÕs Article E-2 Statement and RespondentÕs Answering Statement, respectively, with a simultaneous document exchange within a reasonable time before written submissions are due, which schedule shall be determined by the Arbitrator at the initial conference. Claimant shall have an Opening Brief and a Reply brief. Respondent shall have a Response Brief. Evidentiary submissions shall be by Witness Statements supported by Sworn Declarations. There shall be no subpoenas duces tecum or the like permitted on third par – ties except on good cause shown as determined by the Arbitrator. C. The formal seat of the arbitration regardless whether conducted only on written submissions and documents, shall be Houston,Texas.The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay. Judg – ment upon the award may, but need not, be entered by a state court or U.S. District Court in Houston; by any court having jurisdiction of the award; or, by any court having jurisdiction over the relevant parties or the partiesÕ assets. D. The arbitrator shall derive its limited power only from this Policy; or as this Policy may appear in and as part of a contract between the Parties. The Parties hereby specif – ically agree the arbitrator lacks authority to render a decision that contains reversible error of state or federal law; to apply a cause of action or remedy not provided for under existing state or federal law; and that this Dispute Resolution Paragraph is not preempted by the Federal Arbitra – tion Act (ÒFAA). The Arbitral award is subject to judicial review and vacatur for reversible error if the arbitrator exceeded his or her powers under the Texas Arbitration Act (TAA), ¤171.088(a) (3)(A). E. Regardless whether explicitly stated in an arbitral award, any contractual right to interest, and/or any contractual right to, or award of, enforcement costs and/or actual at – torneysÕ fees, shall continue to accrue and accumulate during enforcement proceedings and shall be added to the award and any confirmed judgment until fully satisfied. RUSHING RANGES, Inc. and RATAS Investments, Inc., (collectively, ÒRRÓ) DISPUTE RESOLUTION POLICY OCTOBER, 2021 F. Any non-payment by a party to an arbitration of its respective share of the costs of arbitration or the arbitratorÕs fees, shall operate as a full and complete waiver and release of any claim against or defense by the other party, shall constitute grounds for an arbitral award in favor of the other party, and if necessary may be affirmatively pleaded in any action or pro – ceeding. If this Policy appears in a contract to which the Parties are signatories, then such failure or refusal to pay such costs or fees shall be considered a material, anticipatory breach and an ir – revocable repudiation of such contract, notwithstanding any statutory right to retract a repudia – tion of a contract.

Check Acceptance Policy

RUSHING RANGES, INC AND RATAS Investments, Inc., (collectively, ÒRRÓ ) CHECK POLIC Y OCTOBER 2021 RR may offer Customers the option to pay with a check if necessary, but subject to approval in RRÕs sole discretion. Below you will Þ nd our check writing policy as well as RRÕs returned check policy . It is understood by all Customers who wish to write checks to RR that acceptance of a check by RR is entirely conditional upon the satisfactory collection of the check. Th e responsibility of the debt remains with the check-writer until the collection process is completed, at which time the underlying sale and debt shall then and only then be considered complete and canceled. Customers presenting a check(s) to pay for goods or services are not considered as having fully performed their contractual obligation to RR until such time as the check(s) satisfactorily clears the CustomerÕs bank, regardless of the originator of the check. A returned check does not cancel a contract or a debt . Returned Check Proces s RR has a zero tolerance policy regarding returned checks. Customers who submit checks to RR for payment that are subsequently returned for insuf Þ cient funds, stopped payment, inability to locate, etc., will be in danger of having RR pursue criminal charges if the debt is not fully paid within 10 days from the date the Customer has notice from its bank that the check was returned to RR unpaid (for any reason), or 10 days from the date RR makes demand for payment. RR has no obligation to accept another check to replace a returned check . If a check is returned, the Customer will be responsible for paying (a) the full amount of the check that was returned; (b) RRÕs administrative fee of 35% of the face amount of the check for having to address enforcement of the debt; (c) any returned check fee charged RR by RRÕs bank; and (d) any and all enforcement costs, arbitration fees, and actual attorney or party representative fees . Without any requirement to engage in mediation, RR shall have the right, in its sole discretion, immediately on notice of a returned check, to commence an arbitration to enforce its rights regarding a returned check, pursuant to its Dispute Resolution Policy, to which Customers who write check hereby agree and a copy of which has been provided . The ONLY acceptable forms of payments for returned checks are cash, money order, cashierÕs check, or Credit/Debit card with advance approval by RR.

Rushing Ranges, LLC reserves the right to update or amend these Terms & Conditions at any time without prior notice. The version posted here shall be deemed the current governing version.