Playgrounds & sheds · Boerne, Texas 26833 I-10, Boerne, TX 78006Open today: 10 AM–6 PMCall or text (210) 773-7251
BOERNE BACKYARD LLC

Terms & conditions.

Purchase, installation, site preparation, and ownership terms for our playgrounds and sheds.

PLAYGROUNDS

Playground terms

Backyard Adventures playgrounds are sold by Boerne Backyard LLC through Johnnys Backyard LLC. Backyard Adventures is the manufacturer.

Pricing, Payment, Cancellation, and Ownership

All pricing, options, and upgrades are subject to approval by the corporate office and shall not be binding until such approval is granted. Until corporate approval is issued, this order constitutes a non binding quote only.

CUSTOMER/PURCHASER acknowledges that play set orders must be paid in full at the time of purchase in order for the order to be processed and lead time to commence. CUSTOMER/PURCHASER further acknowledges that all amounts must be paid in full prior to delivery or installation being scheduled.

CUSTOMER/PURCHASER is solely responsible for obtaining any required homeowner association HOA approvals, architectural approvals, permits, or other authorizations related to the purchase, delivery, installation, or use of the play set. Failure to obtain required HOA approval shall not constitute a valid reason to delay payment, withhold funds, or cancel the order.

CUSTOMER/PURCHASER may cancel the order and receive a refund only if cancellation is made within twenty four 24 hours from the time of purchase.

After the initial twenty four 24 hour period, no refunds shall be issued for any reason if the product has been delivered, installed, or if the order has entered processing, planning, or scheduling.

HOA exception

If CUSTOMER/PURCHASER receives a written declination or denial from their HOA specifically prohibiting installation of the play set, and provides Johnny’s Backyard with a copy of such written declination prior to delivery or installation, Johnny’s Backyard will issue a full refund of amounts paid, less any non recoverable third party fees incurred prior to receipt of the HOA declination. Verbal denials or informal communications shall not qualify. Written HOA declination must be submitted within a reasonable time after purchase.

For any order canceled after the initial twenty four 24 hour period but prior to delivery or installation, and not qualifying under the HOA exception above, a restocking fee equal to twenty five percent 25 percent of the total purchase price, plus a three and one half percent 3.5 percent credit card processing fee, shall apply. These amounts are non refundable and are intended to cover freight, onsite visits, administrative time, and drawings or plans associated with the purchase.

Johnny’s Backyard does not provide returns or refunds for any product that has been delivered or delivered and installed by Johnny’s Backyard, except as expressly stated in the HOA exception above.

Johnny’s Backyard retains all ownership and possessory rights to the play set until all amounts due are paid in full, including the right of repossession. If any final balance or unpaid amount must be collected, CUSTOMER/PURCHASER agrees to pay, in addition to the amounts owed, all costs and expenses associated with collection, including reasonable attorney fees.

Any unpaid balance shall accrue interest at the rate of eighteen percent 18 percent per annum until paid in full.

Remedy and Opportunity to Cure

If CUSTOMER/PURCHASER believes that any portion of the play set, components, or installation was performed incorrectly, incomplete, or defective, CUSTOMER/PURCHASER must provide Johnny’s Backyard with written notice describing the issue and allow Johnny’s Backyard a reasonable opportunity to inspect and remedy the matter pursuant to the applicable manufacturer warranty or installation standards.

CUSTOMER/PURCHASER agrees that Johnny’s Backyard shall have the exclusive right to repair, replace, or correct any such issue before CUSTOMER/PURCHASER may pursue any refund, chargeback, dispute, third party repair, or legal action.

The existence of any alleged defect or deficiency shall not relieve CUSTOMER/PURCHASER of the obligation to make payments when due, approve placement, or execute the completion sheet.

Failure to provide Johnny’s Backyard with a reasonable opportunity to cure shall constitute a waiver of any related claim.

Site Preparation, Access, and Ground Conditions

CUSTOMER/PURCHASER must ensure there is adequate space and a suitable location for play set installation. If, in the sole judgment of the installer, there is insufficient space or unsuitable conditions, CUSTOMER/PURCHASER must designate an alternate location acceptable to the installer.

The installation area must be fully prepared and accessible prior to arrival. Johnny’s Backyard installers are not responsible for trimming trees, removing fences, clearing roots, relocating landscaping, or removing obstructions. The entire installation area must be clear of animal feces, rocks, debris, roots, and other hazards before installation begins. Sprinkler systems, underground utilities, or irrigation lines must be clearly identified and brought to the installer’s attention. Johnny’s Backyard is not responsible for damage to sprinkler or irrigation systems resulting from digging or installation.

The yard must be reasonably level. A slope of up to three inches is considered standard and included. Yard slopes greater than three inches and up to twelve inches may be installed at an additional cost, payable directly to Johnny’s Backyard on the day of installation, with charges up to one hundred fifty dollars. Slopes between six inches and twelve inches may limit layout options or require modification of the play set design but may still be installed. If additional materials or work are required due to slope or site conditions, a quote will be provided on site for approval prior to proceeding.

CUSTOMER/PURCHASER is responsible for ensuring proper clearance around the play set. At a minimum, the installation area must allow for a four foot clearance perimeter on all sides, requiring at least eight additional feet beyond the play set’s length and width. A minimum clearance of six feet from fences, patios, trees, bushes, or other structures is recommended.

CUSTOMER/PURCHASER shall not install mulch or ground covering prior to installation. Mulch or surfacing must be added only after installation is complete.

If the installation area is muddy, Johnny’s Backyard will make reasonable efforts to keep the play set clean during installation. However, CUSTOMER/PURCHASER acknowledges that mud or soil contact may occur, and post installation cleaning may be required.

Any excess soil generated from leveling or site preparation will remain on site. Johnny’s Backyard does not remove, haul away, or redistribute excess dirt.

If installation cannot be completed due to inadequate site preparation, access issues, ground conditions, or failure to meet the requirements above, an additional trip will be required. CUSTOMER/PURCHASER shall be responsible for all associated costs, with a minimum additional trip fee of two hundred dollars.

Johnny's Backyard reserve the right to cancel and reschedule installation due to weather conditions.

Care and Maintenance

  • Your wooden play set will fade, splinter, check and may even encounter animal damage once it is installed. This is normal, unavoidable and not covered under any warranty.
  • Your warranty is with the manufacturer; not Johnny’s Backyard. HOWEVER, we will help you with any warranty claim you have. Just email warranty or special-order parts inquiries to orders@johnnysbackyardsa.com.
  • Your hardware will need to be tightened. Sometimes in the first few months even.
  • Splintering should be addressed by lightly sanding the area to avoid injury or further splintering. Then touch up with a sealant, in case you removed the protective coat.
  • Your beam will move. This is normal. It is good practice to check to make sure the hardware is tightened and you don’t have any structural cracks.
  • Manufacturer warranties only cover the part and never any labor or shipping cost.
  • Out of the box damage items or anything missing the day of installation should be reported to the store you purchased from that day.
  • Ask about our Level Dry System to help with ground moisture protection and make landscaping around the unit easier. Level Dry works best on level yards. If the leveling is off too much we will not be able to install on the entire unit.
  • Slides should NEVER be lifted or shifted; they will break and they are not covered under warranty.

Your child’s safety is your responsibility. To ensure their safety we strongly recommend that you inspect the swing set periodically and always have parental supervision when in use.

Customer Responsibility for Anchor installation:

The customer is responsible for identifying and informing Johnny's Backyard of the location of any piping, plumbing lines, or other concealed utilities prior to the installation of any anchors. Johnny's Backyard will not be held liable for any damage to piping, plumbing, or utilities that were not disclosed before the start of work.

Dispute and Chargeback Waiver

CUSTOMER/PURCHASER expressly waives the right to initiate, pursue, or participate in any chargeback, payment dispute, or reversal with any credit card company, bank, financing provider, or third party payment processor for any charges arising under this Agreement.

CUSTOMER/PURCHASER agrees that any dispute regarding workmanship, placement, components, or installation must be handled solely through the Remedy and Opportunity to Cure process set forth above.

Any attempt to initiate a chargeback or payment dispute in violation of this Agreement shall constitute a material breach, and CUSTOMER/PURCHASER shall be responsible for all costs incurred by Johnny’s Backyard in responding to or contesting such chargeback or dispute, including administrative costs, collection costs, and reasonable attorney fees.

Acknowledgement

By signing, I acknowledge I have fully read, understand, and unconditionally accept and agree to be legally bound by them.

Display Purchase AS IS Clause

If CUSTOMER/PURCHASER is purchasing a display unit, CUSTOMER/PURCHASER acknowledges and agrees that the item is a previously assembled display and is sold AS IS, WHERE IS, WITH ALL FAULTS, and without any representations or warranties of any kind, express or implied, except as expressly stated in writing by Johnny’s Backyard.

CUSTOMER/PURCHASER acknowledges that display units may show signs of use, weathering, wear, cosmetic imperfections, fading, or minor defects resulting from display, demonstration, or exposure to the elements. Such conditions are accepted by CUSTOMER/PURCHASER at the time of purchase and shall not constitute grounds for cancellation, refund, repair, replacement, or price adjustment.

CUSTOMER/PURCHASER is solely responsible for all disassembly, handling, loading, securing, transportation, and reassembly of the display unit. Johnny’s Backyard, including its owners, employees, agents, and contractors, shall not provide any assistance with disassembly, assembly, loading, strapping, securing, or transportation of the display unit under any circumstances.

All disassembly, handling, loading, and transportation of the display unit is performed entirely at CUSTOMER/PURCHASER’s own risk. CUSTOMER/PURCHASER assumes full responsibility for exercising proper care, using appropriate tools, equipment, and personnel, and taking all necessary safety precautions while on Johnny’s Backyard property.

Johnny’s Backyard shall not be responsible for any damage, breakage, loss, or defects to the display unit or to any other property arising from or related to disassembly, handling, loading, securing, transportation, or reassembly performed by CUSTOMER/PURCHASER or any third party acting on CUSTOMER/PURCHASER’s behalf.

CUSTOMER/PURCHASER agrees to release, indemnify, defend, and hold harmless Johnny’s Backyard, its owners, employees, agents, and contractors from any and all claims, liabilities, damages, injuries, losses, costs, or expenses, including personal injury, property damage, or death, arising out of or related to the purchase, disassembly, handling, loading, or transportation of a display unit.

By purchasing and removing a display unit, CUSTOMER/PURCHASER confirms understanding of and agreement to this AS IS display purchase provision.

Signatures

This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.

By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.

SHEDS

Shed terms

Sheds are built by Shedfather. Boerne Backyard LLC is a Shedfather dealer.

Onsite Build and Construction Day Requirements

Shedfather orders are intended for onsite construction only. CUSTOMER/PURCHASER acknowledges that sheds constructed onsite are not designed or intended to be portable once construction is complete. If CUSTOMER/PURCHASER requires a portable building, that option must be selected and purchased at the time of ordering. Failure to do so constitutes acceptance of onsite construction.

CUSTOMER/PURCHASER must ensure there is adequate, unobstructed, and safe access to the location where the unit is to be built and must be present at the site at the scheduled arrival time on the construction or build day. If, in the sole judgment of the builder, site access or conditions are insufficient, unsafe, or impractical, CUSTOMER/PURCHASER must make alternative arrangements at their own expense.

CUSTOMER/PURCHASER is solely responsible for determining whether ground and site conditions are suitable for onsite construction without causing damage to lawns, landscaping, driveways, utilities, or other surfaces. CUSTOMER/PURCHASER is responsible for final placement of the shed and must be present for the entire onsite build.

If CUSTOMER/PURCHASER is not present at the time of construction, The Shedfather/JBY shall not be liable for the placement or orientation of the shed. Upon completion of construction, the shed may not be moved, adjusted, or repositioned by the builder or onsite personnel.

If CUSTOMER/PURCHASER later wishes to relocate the shed for any reason, including dissatisfaction with placement resulting from CUSTOMER/PURCHASER’s absence, such relocation must be performed at CUSTOMER/PURCHASER’s sole expense by a licensed shed transportation or relocation service. The Shedfather/JBY assumes no responsibility for relocation costs, damages, or site conditions associated with any relocation attempt.

The Shedfather/JBY shall not be liable for any damage to the shed, surrounding property, or site conditions caused by any attempt to move, lift, transport, relocate, or reposition an onsite built shed after construction, whether performed by CUSTOMER/PURCHASER or any third party.

If onsite construction is deemed inadvisable due to site conditions and CUSTOMER/PURCHASER elects to proceed, CUSTOMER/PURCHASER assumes full responsibility for any ruts, property damage, or surface disturbance that may occur.

Onsite personnel are not responsible for trimming trees, removing fences, relocating utilities, or clearing obstructions at the build site. The area must be fully prepared and accessible prior to arrival.

Includes transportation within fifty 50 miles of a manned sales location, calculated one way only. Any distance beyond fifty 50 miles will be charged one way in accordance with applicable mileage rates.

If CUSTOMER/PURCHASER is not present upon arrival and access or authorization cannot be confirmed, and construction cannot proceed, CUSTOMER/PURCHASER shall be subject to a minimum return fee of $350, in addition to any applicable mileage charges. If additional trips are required due to inadequate site preparation or access, CUSTOMER/PURCHASER agrees to pay all associated costs, with a minimum additional fee of $200.

Customer Cancellation and Refund Policy

CUSTOMER/PURCHASER may cancel the order and receive a full refund only if cancellation is made within twenty four 24 hours from the time of purchase.

After the initial twenty four 24 hour period, twenty five percent 25 percent of the total purchase price, plus a three and one half percent 3.5 percent credit card processing fee, shall be non refundable. This non refundable amount includes, without limitation, any design revisions, adjustments, administrative time, or modifications to the order and may not be applied as a credit toward any future purchase.

Once construction of the shed or structure has commenced, no refunds of any kind shall be issued under any circumstances, whether partial or full.

CUSTOMER/PURCHASER expressly waives the right to initiate or pursue any chargeback, payment dispute, or reversal with any credit card company, bank, financing provider, or third party payment processor for any charges that are designated as non refundable under this Agreement or after construction has commenced.

CUSTOMER/PURCHASER further agrees that any attempt to initiate a chargeback or payment dispute in violation of this Agreement constitutes a material breach. In such event, CUSTOMER/PURCHASER shall be responsible for all costs incurred by The Shedfather/JBY in responding to or contesting such chargeback or dispute, including administrative costs, collection costs, and reasonable attorney fees.

Permits and Approvals

All permits, approvals, inspections, zoning compliance, HOA approvals, and governmental authorizations required for placement, construction, or use of the shed or structure are the sole responsibility of CUSTOMER/PURCHASER, unless expressly stated otherwise in writing by The Shedfather/JBY.

CUSTOMER/PURCHASER is responsible for determining whether permits or approvals are required and for submitting all necessary applications prior to construction. The Shedfather/JBY shall not be responsible for delays, costs, fines, penalties, required modifications, removal, or denial of use resulting from CUSTOMER/PURCHASER’s failure to obtain required permits or approvals.

If CUSTOMER/PURCHASER is unable to obtain a required permit, a refund shall be issued only if all of the following conditions are met:

CUSTOMER/PURCHASER provides written documentation from the applicable city, county, or governing authority expressly denying the permit application.

The written denial clearly states that the structure is not permitted at the proposed location.

The denial is provided to The Shedfather/JBY prior to the start of any construction, fabrication, site work, or material staging.

No work of any kind has commenced.

If all conditions above are satisfied, CUSTOMER/PURCHASER shall receive a refund of all amounts paid, less any permit fees already paid or incurred.

Once construction has commenced, no refunds of any kind shall be issued under any circumstances, including but not limited to permit denial, zoning issues, HOA restrictions, or changes in local regulations.

Failure to obtain required permits or approvals after construction has begun shall not constitute grounds for cancellation, refund, chargeback, or dispute.

CUSTOMER/PURCHASER expressly agrees that any chargeback or payment dispute initiated in violation of this section constitutes a material breach of this Agreement and agrees to be responsible for all costs incurred by The Shedfather/JBY in responding to such dispute, including administrative fees, collection costs, and reasonable attorney fees.

Pricing, Payment, Ownership, and Completion

All pricing, options, and upgrades are subject to approval by the corporate office and shall not be binding until such approval is granted. Until corporate approval is issued, this order constitutes a non binding quote only. This quote is valid for seven 7 business days from the date issued. To confirm final design selections and options, CUSTOMER/PURCHASER must contact their sales representative to receive a final approved quote, which may include applicable discounts, promotions, taxes, transportation, or other charges.

For standard orders, fifty percent 50 percent of the total purchase price is due at the time of order placement. The remaining fifty percent 50 percent balance must be paid in full prior to scheduling construction, installation, or transportation.

For Platinum orders with a total purchase price exceeding $20,000, fifty percent 50 percent of the total purchase price is due at the time of order placement. The remaining fifty percent 50 percent balance is due upon completion of the shell structure and must be paid in full before any electrical work is scheduled.

For purposes of this Agreement, shell completion shall mean that the floor system if applicable, wall framing, roof framing, exterior sheathing, roofing materials, exterior siding, doors, and windows have been fully installed, regardless of the status of interior finishes, insulation, electrical, plumbing, HVAC, or any other trade work.

The Shedfather/JBY retains all ownership and possessory rights to the shed or structure until all amounts due are paid in full, including the right of repossession. If any final balance or other unpaid amount must be collected, CUSTOMER/PURCHASER agrees to pay, in addition to the amounts owed, all costs and expenses associated with collection, including reasonable attorney fees. Any unpaid balance shall accrue interest at the rate of eighteen percent 18 percent per annum until paid in full.

If CUSTOMER/PURCHASER is utilizing financing, CUSTOMER/PURCHASER must sign the completion sheet on the day the work is completed. If CUSTOMER/PURCHASER believes any portion of the work was performed incorrectly, incomplete, or defective, such issues must be reported in writing and will be addressed pursuant to the applicable product warranty.

CUSTOMER/PURCHASER acknowledges and agrees that The Shedfather/JBY shall have the exclusive right and reasonable opportunity to inspect and remedy any such issue before CUSTOMER/PURCHASER may pursue any refund, chargeback, dispute, third party repair, or legal action. The existence of any alleged defect or deficiency shall not constitute a valid reason to withhold payment or refuse execution of the completion sheet.

Failure or refusal to sign the completion sheet upon completion of the shed or structure shall result in the immediate removal of the shed or structure, and CUSTOMER/PURCHASER shall remain responsible for all associated costs, damages, and fees.