"Production Reservation" Agreement

Production Reservation Agreement Terms and Conditions.

Documentation. Your Azure Structure Pre-Order Agreement (the “Agreement”) is made up of the

following documents:

1. Structure Configuration: The Structure Configuration will be confirmed with you at a later date.

It will describe the structure that you configure, including pricing (excluding taxes or delivery

and installation fees).

2. Final Purchase Order: The Final Purchase Order will be provided to you as your delivery date

nears. It will include final pricing based on your structure configuration and will include taxes.

3. Terms and Conditions: These Terms and Conditions are effective as of the date you place your pre-

order and make your Pre-Order Payment (the “Pre-Order Date”).

Agreement to Purchase. You agree to pre-order the structure (the “structure”) that you configured

when you made your Pre-Order Payment and by taking delivery, completing the transaction when the

Structure is ready for delivery from Azure Printed Homes, Inc. or its affiliate (“Azure”, “Company”, “we,”

“us” or “our”), pursuant to the terms and conditions of this Agreement. Your Structure is priced and

configured based on features and options available at the time of order and you can confirm availability

with an Azure representative. Options and features released after you place your order may not be

included in or available for your Structure.

Pre-Order Price and Taxes. The pre-order price will be confirmed in your Structure Configuration and

Final Price Sheet. As you may have only configured part of your structure, any pre-order price provided

to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to

change. Any pre-order price listed in the Structure Configuration will not include taxes, which could

amount to up to 10% or more of the Structure pre-order price. Because these taxes are constantly

changing and will depend on many factors, they will be calculated closer to the time of delivery and

indicated on your Final Purchase Order. You are responsible for paying these additional taxes. If you

present a check for any payment, we may process the payment as a normal check transaction, or we

may use information from your check to make a one-time electronic fund transfer from your account, in

which case your bank account will reflect this transaction as an Electronic Fund Transfer.

Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and the options

you selected become available in production, we will invite you to complete the configuration of your

Structure. We will then issue you the Structure Configuration and Final Price Sheet based on the base

price of the model and any options included or that you select. Your Pre-Order Payment covers the cost

of these activities and other processing costs and is not a deposit for the Structure. Unl your Structure is

delivered to you, you may cancel your pre-order at any me, in which case you will receive a full refund of

your Pre-Order Payment. Unl your final configuration is matched to a structure, you may make changes

to your Structure Configuration. If you make changes to the configuration, you may be subject to

potential price increases for any pricing adjustments made since your original Pre-Order Date. Any

changes made by you to your Configuration, including changes to the delivery location or estimated

delivery date, will be reflected in a subsequent Configuration that will form part of this Agreement.

When you take delivery of the Structure, we will provide a credit to the final pre-order price of your

Structure equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and

this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Delivery. We will notify you of when we expect your Structure to be ready. You agree to schedule and

take delivery of your Structure within one week of this date. If you are unable to take delivery within the

specified period, your structure may be made available for sale to other customers. If you and Azure

otherwise agree, Azure will, on your behalf, coordinate the shipment of your Vehicle to you from our

factory. In such a case, you agree that this is a shipment contract under which Azure will coordinate the

shipping of the structure to you via a third-party common carrier. You agree that delivery of the

Structure, including the transfer of title and risk of loss to you, will occur at the time your Structure is

loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your

Structure while in transit and you will be the beneficiary of any claims for damage to the Structure or

losses occurring while the Structure is in the possession of a common carrier.

You understand that Azure may not have completed the development of your chosen Structure or

begun manufacturing Structure at the time you entered into this Agreement and so we do not

guarantee when your Structure will actually be delivered. Your actual delivery date is dependent on

many factors, including your Structure’s configuration and manufacturing availability. To secure your

final payment and performance under the terms of this Agreement, we will retain a security interest in

the Structure and all proceeds therefrom until your obligations have been fulfilled.

Policy; Payment Terms for Services and Supercharger Fair Use Policy are incorporated into this

Agreement and can be viewed at https://www.azureprintedhomes.com/privacy-policy.

Agreement to Arbitrate. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A

CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AZURE ONLY IN YOUR INDIVIDUAL

CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE,

OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS

ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO

THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR DEALINGS

WITH AZURE SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION

AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED

BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE

SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF JAMS ALTERNATIVE DISOUTE

RESOLUTION (“JAMS”), AS MODIFIED BY THIS SECTION.

THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN

RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST

OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY

ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND AZURE AGREE UPON IN WRITING OR

THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST

ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON

TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION

SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE

MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE

DETERMINED BY THE JAMS RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LOS ANGELES,

CALIFORNIA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY

COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL

ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE

LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE

ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL

ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE

ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS

ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF

MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE

TERMS, YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR DEALINGS WITH AZURE MUST BE

COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER

THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME

JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S

STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED

FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION

PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE

DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE

CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE

THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF

THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A

GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF

COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN LOS ANGELES,

CALIFORNIA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH

OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE

YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE

ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN

THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR RELATIONSHIP

WITH AZURE. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE,

SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE

LAW. INFORMATION ON JAMS AND HOW TO START ARBITRATION CAN BE FOUND AT

HTTPS://JAMSADR.COM.

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST

USE OUR SERVICE OR SUBMIT THROUGH THE WEBSITE OR SERVICE A REQUEST FOR INFORMATION, YOU

MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE

FOLLOWING ADDRESS:

Azure Printed Homes, Inc., 5701 Buckingham Parkway, Suite E, Culver City, CA 90230

Or, please email us at contact@azureprintedhomes.com.

Warranty. You will receive the Azure Limited Warranty at or prior to the time of Structure delivery or

pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears,

from us upon request or from our website.

Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out

of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to

reimbursement of your Pre-Order Payment.

No Resellers; Discontinuation; Cancellation. Azure and its affiliates sell directly to end-consumers, and

we may unilaterally cancel any order that we believe has been made with a view toward resale of the

Vehicle or that has otherwise been made in bad faith. We may also cancel your pre-order and refund

your Pre-Order Payment if we discontinue a product, feature or option after the time you place your

pre-order or if we determine that you are acting in bad faith.

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be

interpreted according to, the laws of the State in which we are licensed to sell prefabricated structures

that is nearest to your address indicated on your Vehicle Configuration. Prior agreements, oral

statements, negotiations, communications or representations about the Structure sold under this

Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained

herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

State Specific Provisions. You acknowledge that you have read and understand the provisions applicable

to you in the State-Specific Provisions

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic

means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions

of this Agreement.