Tailgate Tikes Store Policies

We work hard to get your Tailgate Tikes order to your door quickly and safely. Here's everything you need to know about how we ship.

Processing Time

Orders are processed and shipped within 1–2 business days. Orders placed after 12 PM ET, or on weekends or holidays, begin processing the next business day. During peak periods — including major game weekends, holidays, and launch events — processing may take slightly longer, and we'll notify you if your order is significantly delayed. You'll receive a shipment confirmation email with tracking information as soon as your order ships.

Shipping Rates

$5 Flat-Rate Shipping: Our $5 Flat-Rate Shipping applies to all orders shipped within the 48 contiguous U.S. states ("Tailgate Tikes Flat-Rate Shipping").

This offer does not extend to Alaska, Hawaii, U.S. territories (including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands), U.S. military installations, or international locations ("Shipping Cost Areas"). Orders shipping to these locations will incur standard shipping charges calculated at checkout or by quote.

If you are located in a Shipping Cost Area and have questions about placing your order, please contact our customer service team for a shipping quote. We're happy to help you find the most cost-effective shipping option.

Delivery Times

The estimates below reflect transit time after your order ships (see Processing Time above):

• Standard Delivery ($5 flat rate): 3–8 business days
• Expedited Delivery (additional charge): UPS Ground, 3–5 business days
• Overnight Delivery (additional charge): UPS Next Day Air Saver, next business day

Delivery timeframes are estimates, not guarantees, and may be affected by carrier delays, weather, and peak shipping periods. If you need an item by a specific date — a game day, a birthday, a family photo session — we recommend choosing an expedited option and ordering early.

Address Verification and Customer Responsibility

During checkout, we may display address suggestions provided by a verified postal database to help ensure accuracy. However, Tailgate Tikes does not automatically populate, change, or edit shipping addresses.

The final shipping address is confirmed by the customer at checkout. It is the customer's responsibility to review and verify the shipping address before completing the order.

If an error is noticed after order placement, customers must contact Tailgate Tikes within 24 hours of receiving their order confirmation email to request a correction. After this 24-hour period, we cannot guarantee address changes or re-routing through the carrier, as processing and fulfillment may already be underway.

Tailgate Tikes is not responsible for orders shipped to addresses entered incorrectly by the customer.

Lost, Late, or Damaged Packages

We sincerely apologize for any inconvenience caused by a late, lost, or damaged shipment. Your satisfaction is important to us. If you experience an issue, please contact us, and our team will initiate a carrier investigation to help locate or resolve your shipment.

If your order is marked as delivered by the carrier but you have not received it, please notify us within 7 days of the delivery date shown in the carrier's tracking information so we can investigate while the delivery details are still fresh. Carrier tracking confirmation is considered proof of delivery, and reports made after the 7-day window are significantly harder to investigate and may not be eligible for refund or replacement. Full details, including how damaged or incorrect items are handled, are in our Return and Refund Policy, which governs in the event of any difference between the two pages.

Missing Items and Split Shipments

If your shipment appears incomplete, it's possible your order was split into multiple packages based on product availability. Any remaining items will ship as soon as they become available, and your shipment confirmation emails will list the items included in each package. You will never be charged additional shipping for a split shipment — your original shipping charge covers your entire order.

Parcel Forwarding Companies

If you choose to use a parcel forwarding company, Tailgate Tikes is not liable for any damage, defect, or loss that occurs after delivery to the forwarding address. We do not offer replacements or refunds for orders delivered to a forwarding company that are later reported missing or damaged. All orders addressed to parcel forwarding companies are shipped at the customer's own risk.

Our Commitment

At Tailgate Tikes, we value your trust and work hard to provide a seamless experience from checkout to delivery. Our shipping policies are designed to ensure clarity, accuracy, and peace of mind with every order.

For any questions or further assistance, please contact us — our team is always happy to help.

Policy Scope

This policy applies to all purchases made directly from Tailgate Tikes LLC through TailgateTikes.com and our official direct sales channels, including but not limited to our shops on Facebook, Instagram, Google, and other approved platforms. Requests that fall outside the terms outlined above — including delivery issues reported after the stated deadlines — are generally not eligible for refund or replacement. Nothing in this policy limits any rights you may have under applicable law that cannot be limited or waived.

We want you to love your Tailgate Tikes purchase. If something isn't quite right, we're happy to help within the guidelines below.

Return Window

You have 30 days from the date your order is delivered to request a return. To be eligible for a return, items must be unworn and unused, in their original packaging, with all tags attached, and accompanied by a receipt or proof of purchase. Returns requested outside the 30-day window will not be accepted.

How to Start a Return or Exchange

To begin a return or exchange, please visit our Start a Return or Exchange page. Items sent back without an approved return request will not be accepted. If you have questions, you can contact us anytime through our Contact Us page.

Return Shipping

We cover return shipping costs on all eligible returns and exchanges — when you start a return through our return portal, we'll provide a prepaid return label at no cost to you. We do not charge restocking fees. Please use the prepaid label we provide, as we cannot issue refunds for return shipments sent by other methods that are lost in transit. Original (outbound) shipping charges are non-refundable, except when the return is due to our error, such as a damaged, defective, or incorrect item.

Exchanges

If you need a different size or style, we recommend placing a new order after initiating your return. This gets the right item to your little fan fastest and ensures it doesn't sell out while your return is in transit. Once your returned item is received and approved, a refund will be issued to your original payment method.

Damaged, Incorrect, or Defective Items

Please inspect your order upon delivery. If your item arrives damaged in shipping or you received the wrong item, please contact us within 7 days of delivery through our Contact Us page so we can make it right. Claims for shipping damage or incorrect items submitted after 7 days cannot be guaranteed resolution.

We stand behind the quality of our products. If a Tailgate Tikes item develops what you believe is a manufacturing defect — such as a failed zipper, snap, or seam under normal use and care — please contact us with your order information and photos of the issue, even if it's outside the standard return window. We review defect claims individually and will work with you to make it right. This commitment covers manufacturing defects under normal use and following the care instructions on the garment; it does not cover normal wear and tear, damage from improper care, or accidental damage.

Lost or Missing Packages

If your order is marked as delivered by the shipping carrier but you have not received it, please notify us within 7 days of the delivery date shown in the carrier's tracking information so we can open an investigation with the carrier while the delivery details are still fresh. We also recommend checking with household members and neighbors and looking around your delivery area, as carriers sometimes mark packages delivered shortly before they arrive or leave them in an unexpected spot.

Carrier tracking confirmation is considered proof of delivery. Reports made within the 7-day window allow us to file a claim and pursue a resolution on your behalf; reports made after this window are significantly harder to investigate, and orders confirmed as delivered may not be eligible for refund or replacement at that point. We handle late reports case by case, but we cannot guarantee resolution outside the 7-day window.

Gift Returns

Many Tailgate Tikes items arrive as gifts, and we're happy to help gift recipients. If you received a Tailgate Tikes item as a gift and it was shipped directly to you, eligible returns will be issued as a Tailgate Tikes gift card for the value of the returned item once your return is received and approved. If the gift was shipped to the gift giver who later gave it to you, any refund will be issued to the original purchaser's payment method. Gift returns follow the same 30-day window and eligibility conditions described above; if you don't have the order information, contact us and we'll help you locate it.

Purchases from Retail Partners

This policy applies only to purchases made directly from Tailgate Tikes through TailgateTikes.com and our official sales channels. If you purchased a Tailgate Tikes product from one of our retail partners — such as a campus bookstore or another authorized retailer — returns and exchanges are handled by that retailer under its own return policy, and we're unable to process the return directly. If you believe a product purchased from a retail partner has a manufacturing defect, you're welcome to contact us and we'll do our best to help.

Non-Returnable Items

The following items are not eligible for return or refund:

• Items marked "Final Sale" at the time of purchase
• Gift cards

Items purchased with a standard discount or promotion code remain returnable under this policy unless marked "Final Sale." If you are unsure whether an item qualifies for return, please Contact Us before initiating a return.

Refunds

Refunds are issued for items returned in accordance with the timelines and conditions outlined in this policy. Once your return is received and inspected, we'll notify you of the approval status. Approved refunds are processed within 2 business days to your original payment method (or as a gift card for eligible gift returns).

Please allow additional time for your bank or credit card company to post the refund — typically 5 to 10 business days depending on your financial institution.

If you haven't received your refund within 10 business days of your approval notification, please contact us through our Contact Us page.

Policy Scope

This policy applies to all purchases made directly from Tailgate Tikes LLC through TailgateTikes.com and our official direct sales channels, including but not limited to our shops on Facebook, Instagram, Google, and other approved platforms. Requests that fall outside the terms outlined above — including returns requested after the 30-day window or delivery issues reported after the stated deadlines — are generally not eligible for refund or replacement. Nothing in this policy limits any rights you may have under applicable law that cannot be limited or waived.

Last updated: July 10, 2026

These Terms of Service ("Terms") govern your access to and use of the websites owned and operated by Tailgate Tikes LLC (collectively, "Tailgate Tikes," "we," "us," and "our"), including https://www.tailgatetikes.com (collectively, the "Site"), and your purchase of products through the Site. By accessing or using the Site, or by placing an order, you agree to these Terms. If you do not agree to these Terms, please do not use the Site.

If these Terms change, we will post the updated Terms on the Site and revise the "Last updated" date above. If you do not agree to the updated Terms, you should stop using the Site; your continued use of the Site after updated Terms are posted constitutes your acceptance of them. The Terms in effect at the time of any purchase will apply to that purchase.

If you have any questions about these Terms, please contact us as described in the section entitled "How Do I Contact You?" below.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TAILGATE TIKES HAVE AGAINST EACH OTHER ARE RESOLVED (SEE THE "ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS — LEGAL DISPUTES" SECTION BELOW), INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS AND YOUR RIGHT TO OPT OUT, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Eligibility; Not Directed to Children

The Site is intended for use by adults. You must be at least 18 years old (or the age of majority in your state of residence, if higher) to make a purchase on the Site or create an account. Although our products are designed for babies, toddlers, and kids, the Site itself is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information to us, please contact us as described below so we can address it. For more information about how we handle personal information, please see our Privacy Notice.

Products, Pricing, and Availability

The prices and promotions offered on the Site may change from time to time, and we may offer items at different prices or run different promotional events at different times. Unless otherwise stated, prices, promotions, promotion codes, and offers (such as free shipping or discounts) apply only to purchases made on the Site during the stated promotional period and may not be combined with other offers.

Price comparisons, where shown, are made to the Manufacturer's Suggested Retail Price ("MSRP"). MSRP is an estimate of the price at or above which items have been offered or sold by retailers in the trade area, which may not include Tailgate Tikes. Actual sales may not have been made at MSRP in all trade areas, and MSRP may not represent the average or prevailing market price at any particular time or location. Because MSRP may vary from retail prices in your area, you may wish to compare prices from other internet or local retailers before making a purchase. Percentage reductions are off of MSRP, except where noted.

We attempt to display product information, descriptions, and images as accurately as possible. However, colors and details you see on the Site depend on your monitor or device, and we cannot guarantee that your device's display of any color or detail will exactly match the physical product. All products are subject to availability, and we do not guarantee that any item will remain in stock. Products described on the Site may not be available in all regions.

Fabric Terminology and Product Descriptions

Fabric Terminology. References on the Site to "bamboo" fabric, fiber, or material refer to bamboo viscose (also known as rayon made from bamboo), consistent with the fiber identification requirements of the Federal Trade Commission's Textile Fiber Products Identification Act and related rules. Fiber content for each product is stated on the product page and on the product's permanent label.

Order of Precedence. Blog articles, editorial content, and other general content on the Site are provided for general informational purposes only. The characteristics, specifications, and fiber content of each product are described on the applicable product page and on the product's physical labels and packaging. In the event of any conflict or inconsistency between blog, editorial, or other general Site content and a product page or product label, the product page and product label control.

No Medical Claims. Tailgate Tikes products are children's sleepwear and apparel. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition, allergy, or sensitivity. Nothing on the Site should be construed as medical advice.

Orders and Order Acceptance

Your placement of an order constitutes an offer to purchase. Our order confirmation email acknowledges that we received your order but does not constitute acceptance of your order. We reserve the right, in our sole discretion and at any time before shipment, to accept or decline your order, to limit order quantities, or to cancel any order in whole or in part — including, without limitation, orders that appear to be placed by resellers or bots, orders affected by pricing, typographical, or product description errors, orders for items that are out of stock, and orders we suspect to be fraudulent. If we cancel an order after your payment method has been charged, we will issue a refund to the original payment method. If a product is listed at an incorrect price due to an error, we reserve the right to cancel orders placed at the incorrect price, whether or not the order has been confirmed.

Payment

Secure Payment Processing. We are committed to the security and confidentiality of your payment information. We use industry-standard security measures and partner with reputable payment service providers to process payments securely. However, no method of online transmission or electronic storage is entirely secure, and we cannot guarantee absolute security.

Payment Information. When you make a payment on the Site, you may be required to provide payment information, including credit card details and billing address. We do not store your full payment card information on our servers. Your payment details are transmitted to and processed by our payment service provider(s) in compliance with Payment Card Industry Data Security Standard (PCI DSS) requirements.

Third-Party Payment Service Providers. We use third-party payment service providers to facilitate payment processing. These providers have their own terms and privacy policies, which you should review before making a payment.

Payment Authorization. By making a payment on the Site, you authorize us (and our payment service providers) to charge the designated payment method for the amount specified in your purchase, including applicable taxes and shipping charges. You represent that you have the legal right to use the payment method provided.

Sales Tax. We collect sales tax where required by law. Applicable taxes will be displayed at checkout.

Shipping; Risk of Loss

Shipping timelines shown on the Site are estimates, not guarantees. Title to products and risk of loss pass to you upon our delivery of the products to the carrier. Please refer to our shipping information at checkout for available shipping methods and costs.

Returns, Refunds, and Cancellations

Our return, refund, and cancellation policies are described in our Store Policies. If you believe there has been an error in processing your payment, or you have any payment-related concern, please contact us promptly as described in "How Do I Contact You?" below so we can resolve it.

Coupons and Discounts

10% Off Code for Email Subscribers (effective October 16, 2023). Limited to one use per customer. Offer valid on online purchases made on or after October 16, 2023. The discount or promotion code must be entered at checkout and is valid for one-time use only. Sales tax and shipping and handling do not qualify for the discount. This offer is not redeemable for cash or gift cards and is not valid toward previous purchases. The offer may not be combined with any other coupons, discounts, offers, or promotions. Void if altered, copied, transferred, auctioned, or sold. Offer valid on in-stock items only; no rain checks issued. Other restrictions may apply.

Ownership and Intellectual Property

Tailgate Tikes owns the Site. Tailgate Tikes owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other content of the Site (the "Content"), and all HTML, code, and scripts in any format used to implement the Site (the "Code"). The Content and Code are protected by copyright and other intellectual property laws. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, republish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Tailgate Tikes. Tailgate Tikes owns or has the right to use all names, logos, and trademarks that appear on the Site, and you may not use any of them for any purpose without the prior express written permission of Tailgate Tikes. Failure to comply with these Terms will constitute a breach of contract and may violate the copyright, trademark, and other proprietary rights of Tailgate Tikes or third parties.

Licensed Collegiate Marks

Tailgate Tikes sells officially licensed collegiate products. The names, logos, trademarks, and other indicia of colleges and universities depicted on our officially licensed product line are the trademarks of their respective owners and are used under license. Unauthorized use of Tailgate Tikes trademarks or the trademarks of our licensors is trademark infringement. The production or sale of unauthorized products or services violates the federal Lanham Act, the Trademark Counterfeiting Act of 1984, and state trademark infringement and unfair competition laws, among others. Such violations may subject the violator to liability for damages, injunctive relief, attorneys' fees, and other civil and criminal penalties, and infringing merchandise is subject to seizure.

For additional information, please see Copyright and Trademark or contact copyright@tailgatetikes.com.

Copyright Infringement Claims (DMCA)

We respect the intellectual property rights of others. If you believe that any material on the Site infringes your copyright, you may send a notification of claimed infringement to copyright@tailgatetikes.com that includes: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.

No License

The Site is available only for your personal, non-commercial use, which is limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Tailgate Tikes or any third party.

Use of Information Submitted by You

If you submit any information to Tailgate Tikes — including feedback, data, questions, comments, suggestions, reviews, or the like — such information will not be deemed confidential. All such submissions will be deemed the property of Tailgate Tikes, and your submission will constitute an assignment to Tailgate Tikes of all worldwide rights, title, and interest in such information (or, where such assignment is not effective, a perpetual, irrevocable, worldwide, royalty-free license to use such information for any purpose). Tailgate Tikes will not be liable for any use or disclosure of such information, will have no obligation to keep such information confidential, and will be free to reproduce, use, disclose, and distribute the information to others without limitation. Tailgate Tikes will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever — including developing, manufacturing, and marketing products — without compensation or attribution to you.

Tailgate Tikes welcomes your comments and suggestions on the Site and on Tailgate Tikes products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, manufacturing, or marketing its products. By submitting information, you warrant that Tailgate Tikes may publish such information, use it as part of its operations, and incorporate its concepts into Tailgate Tikes products without liability.

If you submit a product review, photo, or other content for publication on the Site or our social channels, you represent that the content is your own, is accurate and reflects your genuine experience, does not violate the rights of any third party (including privacy rights of individuals appearing in photos), and is not false, misleading, defamatory, obscene, or otherwise objectionable. We reserve the right to remove or decline to publish any submitted content at our sole discretion, but we do not suppress or edit reviews based solely on their negativity.

Customer Reviews and Social Content.

Customer reviews, photos, comments, and social media content displayed on the Site or our social channels reflect the individual opinions, experiences, and informal descriptions of the customers who submitted them. They are not statements, representations, or claims made by Tailgate Tikes, and results and experiences may vary. References by customers to "bamboo" fabric or material are informal shorthand and should be understood as references to bamboo viscose (rayon made from bamboo), as described in the "Fabric Terminology and Product Descriptions" section above. Tailgate Tikes does not adopt or endorse any statement in customer-submitted content regarding fiber content, health, safety, or medical effects of any product.

Users and Accounts

To use certain online services, you may need to create an account. If you create an account, you agree that you will: (a) create only one account; (b) provide honest, accurate, current, and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify Tailgate Tikes if you discover or suspect that your account has been compromised.

You agree to take responsibility for all activities on or under any account registered to you, and you accept all risks of any unauthorized use of your account. You are responsible for providing the equipment and services you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.

Responsible Use of the Site

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of it, to block or prevent your future access to and use of the Site, and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination. You may use the Site only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site, including through scraping, data mining, or the use of bots or automated tools; or (d) to upload, post, or transmit any material that violates any law, infringes the rights of any third party, or contains defamatory, libelous, abusive, obscene, or otherwise objectionable material (as determined by Tailgate Tikes in its sole discretion).

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TAILGATE TIKES AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS, OR DEMANDS, LIABILITIES, AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

Provision or Suspension/Withdrawal of the Site

You understand and agree that: (a) the Site may change from time to time without notice to you, and any new feature that augments, enhances, or modifies the current Site is subject to these Terms; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program, or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content contained in your account.

Mobile Access

If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans, participation status, and details. Service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device you use. By accessing or using any services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

Mobile Terms of Service (SMS)

The Tailgate Tikes mobile message service (the "Service") is operated by Tailgate Tikes. Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes constitutes your acceptance of such changes.

By consenting to Tailgate Tikes's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tailgate Tikes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates and account alerts). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Tailgate Tikes. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +18333781820 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Tailgate Tikes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18333781820 or email info@tailgatetikes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, that you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Product Safety and Recalls

Product safety is a top priority at Tailgate Tikes. Our children's products are designed and produced to comply with applicable U.S. product safety requirements, and we cooperate fully with the U.S. Consumer Product Safety Commission (CPSC). In the event of a product recall or safety notice affecting a Tailgate Tikes product, we will communicate recall information in accordance with applicable law, including through the Site and, where possible, direct notice to affected purchasers. To help us reach you with any safety communications, please keep your account and contact information current. If you have a question or concern about the safety of any Tailgate Tikes product, please contact us as described in "How Do I Contact You?" below.

Third-Party Links

The Site may contain links to third-party websites, services, or resources, including social media platforms and retail partners. These links are provided for your convenience only. We do not control and are not responsible for the content, products, services, or privacy practices of any third-party website, and a link does not imply our endorsement. Your use of third-party websites is at your own risk and subject to their terms and policies.

Disclaimers

Tailgate Tikes publishes information on the Site as a convenience to its visitors. Product information on the Site is provided for informational purposes only. While Tailgate Tikes attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. Tailgate Tikes products described on the Site may not be available in your region, and Tailgate Tikes does not claim that the information on the Site is appropriate to your jurisdiction or that products described on the Site will be available for purchase in all jurisdictions. As described in "Fabric Terminology and Product Descriptions" above, in the event of any conflict between general Site content and a product page or product label, the product page and product label control.

Visitors assume all responsibility and risk with respect to their use of the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAILGATE TIKES DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Tailgate Tikes does not warrant that the Site is free of computer viruses, bugs, or other harmful components, or that the functions contained in the Site will be uninterrupted or error-free or that errors will be detected or corrected. Tailgate Tikes does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information disclosed or accessed through the Site, has no duty to update the Site or modify its Content or Code, and shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Site before relying upon it.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER CONSUMER PROTECTION OR PRODUCT SAFETY LAWS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAILGATE TIKES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE — INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, AND WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, OR OTHERWISE — ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE SITE OR THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TAILGATE TIKES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO TAILGATE TIKES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law

These Terms, and any dispute arising out of or relating to these Terms or your use of the Site, are governed by the laws of the State of North Carolina and applicable federal law (including the Federal Arbitration Act), without regard to conflict-of-laws principles, except where the law of your state of residence provides you with non-waivable consumer protections. Subject to the arbitration agreement below, any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the jurisdiction of those courts, except that either party may bring a qualifying claim in small claims court in your county of residence.

Arbitration Agreement and Waiver of Certain Rights — Legal Disputes

Initial (Informal) Dispute Resolution. We are available by email to address any concerns you may have regarding the Site, your order, or our products, and most concerns can be resolved quickly this way. Before initiating any arbitration or lawsuit, you and we each agree to first attempt to resolve any dispute informally by providing the other party with a written Notice of Dispute. Your Notice of Dispute must be sent to Tailgate Tikes LLC, 24165 IH-10 West, Ste 217 #271, San Antonio, TX 78257, or by email to info@tailgatetikes.com, and must include your name, the email address and mailing address associated with your order or account, a description of the dispute, and the specific relief you seek. If we have a dispute with you, we will send our Notice of Dispute to the email address associated with your order or account. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiation for a period of sixty (60) days following receipt of a Notice of Dispute, which is a precondition to either party initiating arbitration or a lawsuit.

Binding Arbitration Agreement. You and we agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us, or between you and a third-party agent of ours (each, a "Claim"), shall be submitted for binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Any arbitration hearing may be conducted by videoconference or, if in person, in your county of residence or another mutually agreed location. You and we agree that the arbitration will be kept confidential, and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of governmental agencies, or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, a claim that all or any part of it is void or voidable.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Exceptions. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also each have the right to bring qualifying claims in small claims court. In addition, you and we each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Your Right to Opt Out. You may opt out of this arbitration agreement and class action waiver within thirty (30) days after the date you first accept these Terms (or, for existing customers, within thirty (30) days after the "Last updated" date above) by sending written notice of your decision to opt out to info@tailgatetikes.com with the subject line "Arbitration Opt-Out," including your name, the email address associated with your order or account, and a clear statement that you wish to opt out of this arbitration agreement. Opting out of this arbitration agreement will not affect any other provision of these Terms, and will not affect any prior or future arbitration agreements you may have with us.

Class Action Waiver. Neither you nor we may act as a class representative or private attorney general, or participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis, and the arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, except as provided in the "Batch Arbitration" paragraph below. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. The arbitrator may award the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary herein, the arbitrator may not issue a "public injunction," and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a "public injunction" in federal or state court shall be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, if twenty-five (25) or more similar demands for arbitration are filed against us with the assistance or coordination of the same law firm or organization, or presenting similar claims, the parties agree that the AAA shall administer the demands in batches of up to one hundred (100) demands per batch, with a single arbitrator appointed per batch and a single set of administrative and filing fees due per side per batch. The parties agree to cooperate in good faith with the AAA to implement this batch approach. This paragraph shall in no way be interpreted as authorizing class arbitration of any kind.

Severability and Survival. If any provision of this Section is found to be invalid or unenforceable, that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect; provided, however, that if the Class Action Waiver is found to be invalid or unenforceable as to a particular Claim, then this arbitration agreement shall not apply to that Claim, which shall proceed in court. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such right or requirement, and such a waiver shall not waive or affect any other portion of these Terms. This Section will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Entire Agreement; Waiver; Severability

These Terms, together with the policies referenced in them, constitute the entire agreement between you and Tailgate Tikes with respect to the use of the Site. The failure of Tailgate Tikes to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us as described in "How Do I Contact You?" below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

How Do I Contact You?

If you have questions about these Terms, your order, or our products, you can reach us at:

Tailgate Tikes LLC
24165 IH-10 West, Ste 217 #271
San Antonio, TX 78257
Email: info@tailgatetikes.com or via our Contact Us page

For privacy questions, choices about promotional communications, or to update your personal information, contact privacy@tailgatetikes.com. For copyright and trademark matters, contact copyright@tailgatetikes.com.

Tailgate Tikes LLC

Wholesale Terms and Conditions of Sale

Effective Date: July 9, 2026. These Wholesale Terms apply to purchase orders submitted or accepted on or after the Effective Date.

IMPORTANT SCOPE NOTICE — WHOLESALE ONLY

These Wholesale Terms and Conditions of Sale ("Wholesale Terms") apply exclusively to wholesale buyers purchasing products from Tailgate Tikes LLC ("Seller") for resale ("Buyer").

These Wholesale Terms do not apply to retail, direct-to-consumer purchases made on tailgatetikes.com or through Seller-operated consumer sales channels. Direct-to-consumer customers are governed solely by Seller's Terms of Service, available at https://tailgatetikes.com/pages/store-policies.

Wholesale orders placed through a third-party wholesale marketplace or platform (for example, Faire) are governed by that platform's terms to the extent applicable; these Wholesale Terms apply to all direct wholesale transactions and to any matter not addressed by the applicable platform terms.

By submitting a wholesale purchase order, accepting delivery, or paying an invoice, Buyer agrees to be bound by these Wholesale Terms.

1. Definitions

"Seller" means Tailgate Tikes LLC.
"Buyer" means the wholesale purchaser acquiring Products for resale.
"Products" means all goods sold by Seller to Buyer under an invoice or purchase order.
"Invoice" means Seller's issued invoice governing pricing, quantities, and shipment.
"Licensed Products" means Products bearing the trademarks, logos, or other indicia of a collegiate institution or other licensor of Seller.

2. Orders; Acceptance; Rejection of Buyer's Terms

Each purchase order submitted by Buyer is an offer to purchase and is subject to acceptance by Seller. Seller may accept or decline any order in whole or in part. Seller's acceptance is expressly limited to these Wholesale Terms, and Seller objects to and rejects any additional or different terms contained in Buyer's purchase order, confirmation, or other document, which shall not become part of the agreement between the parties unless expressly accepted by Seller in writing.

Orders for Licensed Products may not be cancelled by Buyer after Seller has commenced production or committed inventory against the order, except with Seller's written consent.

3. Pricing; Taxes; Resale Certificate

Prices are as stated on Seller's invoice and are exclusive of all sales, use, excise, and similar taxes, which are Buyer's responsibility where applicable. Buyer shall provide Seller with a valid resale certificate or other applicable exemption documentation for each jurisdiction into which Products are shipped; absent valid documentation, Seller may collect applicable taxes.

4. Payment Terms; Credit

Unless otherwise agreed in writing by Seller, all orders require payment in full prior to shipment. Seller will issue an invoice or payment link, and orders ship promptly upon receipt of payment.

Net 30 credit terms are available only where both of the following conditions are met: (a) Buyer has been approved for credit terms by Seller in writing, following Seller's credit review or by separate written negotiation with Seller; and (b) the order total is $1,000 or more, excluding shipping and taxes. Orders under $1,000 are payable prior to shipment regardless of Buyer's credit status, unless Seller expressly agrees otherwise in writing for a specific order. Seller may modify, suspend, or withdraw credit terms at any time upon written notice, including based on Buyer's payment history or changes in Buyer's credit standing.

Payment by ACH, check, or wire transfer is accepted at no additional charge. Where permitted by applicable law and card network rules, invoices paid by credit card are subject to a processing fee of up to three percent (3%) of the invoice amount, not to exceed Seller's actual cost of acceptance. This fee does not apply to debit or prepaid card transactions. Any applicable fee will be disclosed prior to payment.

Partial shipments are invoiced and payable pro rata. No deductions, offsets, or chargebacks are permitted without Seller's prior written approval. Past-due balances accrue interest at 1.5% per month, compounded monthly, or the maximum rate permitted by law, whichever is less. Buyer is responsible for all reasonable collection costs, including attorneys' fees. Seller may suspend shipment of pending orders, revoke credit terms, and require prepayment while any Buyer balance is past due.

5. Title; Risk of Loss; Delivery; Storage

All sales are F.O.B. Seller's facility or shipping point unless otherwise agreed in writing. Risk of loss transfers to Buyer upon tender to the carrier. Title to Products remains with Seller until full payment is received. If Buyer delays acceptance of shipment beyond seven (7) days of the scheduled ship date, Seller may invoice as of the original ship date and may store Products at Buyer's expense until shipment is completed.

6. Inspection; Returns; Claims

Buyer must inspect all Products immediately upon receipt.

Defective, damaged, or incorrect Products must be reported within seven (7) calendar days of delivery. Claims must include photographs and a written description. Failure to report within this period constitutes acceptance.

All returns require prior written authorization and an RMA number. Unauthorized returns will not be accepted.

Buyer is responsible for return shipping costs unless Seller confirms a defect or Seller error. Returned Products must be unused, unwashed, in original packaging, with all tags and labels intact.

Approved non-defective returns may be subject to a fifteen percent (15%) restocking fee. Shipping charges are non-refundable. All Final Sale items are non-returnable.

7. Licensed Products; Authorized Channels; Resale Restrictions

Buyer acknowledges that Licensed Products are manufactured and sold under license agreements between Seller and its licensors, and that those agreements impose conditions on where and how Licensed Products may be sold. Buyer agrees that:

(a) Buyer shall resell Products only through Buyer's own retail store locations and Buyer's own branded website(s), and shall not sell, list, or offer Products on any third-party marketplace (including, without limitation, Amazon, eBay, Walmart Marketplace, Etsy, or similar platforms) without Seller's prior written consent;

(b) Buyer shall not sell, ship, or divert Products outside the United States, and shall not sell Products to any party Buyer knows or reasonably should know intends to resell them in violation of this Section;

(c) Buyer shall not remove, alter, obscure, or replace any hologram label, hangtag, tracking label, care label, or other label or packaging affixed to Products;

(d) Buyer shall comply with any licensor requirement communicated by Seller in writing that applies to the display, advertising, or sale of Licensed Products; and

(e) Seller may decline or cancel orders, or terminate the wholesale relationship, where Buyer's resale practices place Seller's license agreements at risk.

8. Minimum Advertised Price

Seller may publish a Minimum Advertised Price ("MAP") policy applicable to some or all Products. Where a MAP policy is in effect and has been provided to Buyer, Buyer's advertising of Products below MAP may result, at Seller's sole discretion, in refusal of future orders or termination of the wholesale relationship. Nothing in this Section restricts the price at which Buyer actually sells Products.

9. Product Safety; Compliance; Recalls

Seller's children's products are tested by independent, CPSC-accepted third-party laboratories and are supported by Children's Product Certificates ("CPCs") based on the safety rules applicable to each product. Seller will provide applicable CPCs and related compliance documentation to Buyer upon request.

Buyer shall: (a) promptly notify Seller of any product safety complaint, incident, or injury allegation involving the Products of which Buyer becomes aware; (b) maintain records of Product purchases sufficient to support lot-level traceability; (c) cooperate fully with any recall, market withdrawal, or corrective action involving the Products, at Seller's direction and in accordance with applicable law; and (d) not sell, offer, or distribute any Product that Seller has notified Buyer is subject to a recall, stop-sale, or withdrawal.

10. Limited Warranty; Disclaimer

Seller warrants that Products, at the time they leave Seller's facility, are free from defects in material and workmanship.

EXCEPT AS EXPRESSLY STATED ABOVE, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Exclusive Remedy; Limitation of Liability

Buyer's sole and exclusive remedy for defective Products shall be, at Seller's option, replacement of the defective Product or refund of the purchase price upon return of the Product to Seller.

Seller shall not be liable for defects caused by misuse, mishandling, alteration, improper storage, or acts or omissions of Buyer or Buyer's customers.

IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS. SELLER'S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE INVOICE VALUE OF THE AFFECTED PRODUCTS.

12. Trademarks and Branding

Each party retains ownership of its respective trademarks and intellectual property. Buyer receives no license beyond resale of Products as delivered and may not alter, repackage, or co-brand Products without Seller's prior written consent.

Buyer must obtain Seller's written approval before listing Products on any Buyer-operated website. Seller reserves the right to review and approve branding, imagery, and product descriptions used in connection with the Products.

13. Indemnification

Buyer shall indemnify, defend, and hold Seller harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from Buyer's resale activities, marketing, representations, alteration of Products or labeling, or failure to comply with applicable laws or these Wholesale Terms, except to the extent such claims arise from Seller's negligence or from a defect in the Products as delivered by Seller.

14. Independent Contractor

Nothing in these Wholesale Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

15. Slotting, Stocking, and Placement Fees

Any slotting, stocking, or placement fees must be agreed to in writing. If Seller provides any such consideration, Buyer agrees to maintain Product placement for a minimum of twelve (12) months from first sale. Early discontinuation requires full reimbursement to Seller of any fees, credits, or goods provided.

16. Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including acts of God, labor disputes, war, governmental actions, or transportation disruptions.

17. Assignment

Neither party may assign its rights or obligations under these Wholesale Terms without the prior written consent of the other party.

18. Governing Law; Venue; Jury Waiver

These Wholesale Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising under these Wholesale Terms shall be brought exclusively in the state or federal courts located in North Carolina, and the parties consent to such jurisdiction. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING UNDER OR RELATING TO THESE WHOLESALE TERMS.

19. Entire Agreement; Amendments

These Wholesale Terms constitute the entire agreement between the parties with respect to the purchase and sale of Products, unless superseded by a written master agreement executed by authorized representatives of both parties. Any amendment must be in writing and signed by both parties.

20. Severability; Waiver

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Any waiver must be in writing and shall not constitute a continuing waiver.

21. Acceptance

Submission of a purchase order, acceptance of Products, or payment of an invoice constitutes acceptance of these Wholesale Terms in their entirety.

Last updated: July 9, 2026

The Tailgate Tikes mobile messaging program — including SMS, MMS, and WhatsApp messaging where available (the "Service") — is operated by Tailgate Tikes LLC ("Tailgate Tikes," "we," "us," or "our"). By opting in to or using the Service, you agree to these Mobile Messaging Terms of Service (the "Mobile Terms").

We may modify or cancel the Service or any of its features at any time. To the extent permitted by applicable law, we may also update these Mobile Terms from time to time. Any changes will be effective when posted, and your continued participation in the Service after the effective date of any changes constitutes your acceptance of those changes.

Consent to Receive Messages

By consenting to receive mobile messages from Tailgate Tikes, you agree to receive recurring marketing and transactional messages from or on behalf of Tailgate Tikes at the mobile number you provided. Messages may be sent by SMS, MMS, WhatsApp, or other mobile messaging channels where available.

Messages may include, but are not limited to, promotions, product launches, restock alerts, cart reminders, order updates, account alerts, customer service messages, and other marketing or informational messages.

Text, MMS, and WhatsApp messages may be sent using automated technology, including an automatic telephone dialing system, artificial or prerecorded messaging technology, or other automated systems. Consent to receive marketing messages is not required as a condition of purchasing any goods or services from Tailgate Tikes.

Voluntary Participation

You understand that participation in the Service is voluntary. You do not have to sign up for mobile marketing messages to make a purchase from Tailgate Tikes, and your consent is not a condition of purchase.

Message Frequency and Charges

Message frequency varies. We do not charge you to participate in the Service, but message and data rates may apply. You are responsible for any charges, fees, or costs imposed by your wireless carrier, internet service provider, or messaging platform provider. Please contact your wireless carrier or provider for details about your mobile plan, data plan, messaging rates, or other applicable charges.

Cart Reminder Messages

The Service may include cart reminder messages. If you add items to your cart, begin checkout, or otherwise interact with our website, we may send you messages reminding you about your cart or related products, where permitted by law and based on your consent or interaction with us.

How to Opt Out

You may opt out of SMS and MMS messages from Tailgate Tikes at any time by replying STOP to any message or by texting STOP to our current SMS sending number (currently +18333781820).

After you send STOP, you may receive a one-time confirmation message confirming that you have been unsubscribed. After that, you will no longer receive SMS or MMS messages from that mobile messaging program unless you opt in again.

For WhatsApp messages, you may opt out by following the unsubscribe or opt-out instructions provided in the message, replying with an opt-out request where available, using WhatsApp's available blocking or reporting tools, or contacting us through our Contact Us page.

If you are subscribed to multiple Tailgate Tikes messaging programs, you may need to opt out separately from each program unless otherwise required by applicable law.

Other Revocation Requests

In addition to replying STOP, you may revoke consent or request not to receive mobile messages by contacting us through our Contact Us page.

Help and Support

For help, reply HELP to any SMS or MMS message, text HELP to our current SMS sending number (currently +18333781820), or contact us through our Contact Us page.

Supported Carriers and Delivery

Wireless carriers and messaging platforms are not liable for delayed, failed, or undelivered messages. Message delivery is subject to effective transmission from your wireless carrier, internet service provider, messaging platform, and other third-party service providers and is not guaranteed.

Your Mobile Number

You agree to provide a valid mobile number that you own or are authorized to use. If your mobile number changes or you no longer own or control the number you used to subscribe, you agree to notify us or opt out before the number is reassigned. If you get a new mobile number and want to continue receiving messages, you will need to sign up again using your new number.

Changes to Messaging Numbers

We may change the short code, long code, toll-free number, WhatsApp number, or other sending number used to operate the Service at any time. We will provide notice of changes where required or appropriate. You acknowledge that messages, including STOP or HELP requests, sent to a number we no longer use may not be received, and we may not be able to honor requests sent to inactive or changed numbers.

Privacy

We respect your privacy. For information about how we collect, use, disclose, and protect personal information, please review our Privacy Policy.

Limitation of Liability

To the extent permitted by applicable law, Tailgate Tikes will not be liable for any failed, delayed, or misdirected delivery of any message or information sent through the Service, any errors in such information, or any action you take or do not take in reliance on the Service or any message.

Contact Us

For questions about these Mobile Terms or the Service, please contact us through our Contact Us page.

As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website.

Thank you for your interest in pre-order items from Tailgate Tikes. We want you to have a clear understanding of how pre-orders are processed, shipped, and — if plans change — cancelled. Please read the following before placing a pre-order.

Payment in Full: Payment in full is collected at the time you place a pre-order.

Estimated Ship Date: Every pre-order item displays an estimated ship date or timeframe on the product page and at checkout. We set these estimates carefully and work hard to meet them; however, they are estimates, and production or logistics circumstances can occasionally cause delays.

If Your Pre-Order Is Delayed: If we are unable to ship your pre-order within the estimated timeframe, we will notify you by email with a revised ship date. At that point — and at any time before your pre-order ships — you may cancel your pre-order for a full and prompt refund to your original payment method. If a revised ship date changes again, we will not continue to hold your order without your consent: we will either obtain your agreement to the new date or cancel your pre-order and issue a full refund.

Processing: Pre-order items are not in stock and available for immediate shipment; they require additional time for production, inventory allocation, and other logistics beyond our standard processing window (see our Shipping Policy for standard timelines).

Shipping Upgrades: Selecting an expedited shipping method for an order containing a pre-order item does not speed up processing or production. Your selected shipping method applies once the pre-order item is ready and ships. Expedited shipping affects transit time only, not the pre-order timeline.

Orders Containing Both Pre-Order and In-Stock Items: If your order contains both pre-order and in-stock items, your entire order will ship together once the pre-order item is ready. If you need in-stock items sooner, we recommend placing a separate order for those items so they can ship on our standard schedule.

Communication and Updates: We will keep you informed about the progress of your pre-order, including any changes to the estimated ship date. Please make sure the email address on your order is accurate and up to date so you receive these notifications.

Changes and Cancellations: To request a change to your pre-order (such as a different size or shipping address), please contact us at info@tailgatetikes.com as soon as possible. We will make every effort to accommodate change requests, but changes may not be possible once your item has entered production or fulfillment. You may cancel a pre-order for a full refund at any time before it ships by contacting us at the same address.

By placing a pre-order with Tailgate Tikes, you acknowledge and accept the terms outlined in this Pre-Order Policy. If you have any questions, please don't hesitate to Contact Us.

As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website. Visit Your Privacy Choices.

The materials available through this website and other websites owned or provided by Tailgate Tikes LLC ("Tailgate Tikes") (individually and collectively, the "Website") are the property of Tailgate Tikes or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may view, copy, and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights notices, (2) as a personal shopping resource, (3) for communicating with Tailgate Tikes about a company product or service, or (4) for placing an order with Tailgate Tikes. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public any content from the Website without the prior written approval of Tailgate Tikes.

Copyright Notice

© 2023–2026 Tailgate Tikes LLC. All rights reserved.

Trademarks

Tailgate Tikes® is a registered trademark of Tailgate Tikes LLC, United States Patent and Trademark Office Registration No. 7,431,821. Registration information can be viewed through the USPTO's Trademark Status & Document Retrieval (TSDR) system.

All rights, title, and interest in and to the Tailgate Tikes name, logos, and all associated trademarks, designs, and icons are the exclusive property of Tailgate Tikes. These trademarks and logos may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without the prior written consent of Tailgate Tikes. Unauthorized use of any trademarks or logos owned by Tailgate Tikes may violate copyright and trademark laws. The names of other companies, products, and services are the property of their respective owners.

Licensed Collegiate Marks

Tailgate Tikes offers officially licensed collegiate products. University names, logos, mascots, trademarks, colors, and related indicia depicted on our officially licensed product line are the property of their respective institutions and are used under license. Tailgate Tikes is not owned or operated by any university, athletic department, conference, or collegiate organization. Unauthorized use of the trademarks of our licensors is trademark infringement and may subject the violator to civil and criminal penalties.

Third-Party Trademarks

The terms "Onesie" and "Onesies" are registered trademarks of Gerber Childrenswear LLC. Tailgate Tikes is not affiliated with, endorsed by, or associated with Gerber Childrenswear LLC. Any use of the terms "Onesie" or "Onesies" on this website is intended solely for descriptive purposes to refer to one-piece infant garments and is not intended to imply any affiliation with Gerber Childrenswear or to infringe upon their trademark rights.

Digital Millennium Copyright Act

Tailgate Tikes respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

Notification of Claimed Infringement. If you believe that material on the Website infringes your copyrighted work, please provide written notice to our designated agent at copyright@tailgatetikes.com or by mail to Tailgate Tikes LLC, Attn: Copyright Agent, 24165 IH-10 West, Ste 217 #271, San Antonio, TX 78257. Your notice must include the following information as required by the DMCA (see 17 U.S.C. § 512(c)(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification. If material you posted was removed or disabled as a result of a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a written counter-notification to our designated agent at the contact information above. Your counter-notification must include: your physical or electronic signature; identification of the material that was removed or disabled and the location at which it appeared before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Tailgate Tikes may be found) and that you will accept service of process from the person who provided the original notification or that person's agent.

Repeat Infringers. It is our policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers.

Misrepresentations. Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability.

For questions about this page, please contact copyright@tailgatetikes.com.

Tailgate Tikes Collegiate Collection items proudly bear the Officially Licensed Collegiate Products hologram label, signifying their official licensing. We're authorized by the universities and teams we represent to use their names, logos, and trademarks, and the emblems featured on these products are the trademarks of their respective institutions.

Every licensed sale we make generates a royalty payment to the respective university — so when your little fan gears up, their school benefits too.

Curious what “officially licensed” actually means — and why it matters when you’re shopping for your little fan? Read our guide: What Does Officially Licensed Really Mean?

At Tailgate Tikes, we are dedicated to upholding the highest standards of transparency and honesty. We believe trust is the foundation of our relationship with our customers — especially when the customer is a parent or grandparent choosing what a child will sleep in — and we strive to provide clear, accurate information about our products.

Our Promise to You:

• Honest Marketing: We describe our products truthfully, focusing on what we can stand behind: the comfort, softness, fit, practicality, and design of our baby and kids' apparel. We want you to know exactly what you're purchasing.
• Clear Product Information: Our sleepwear and apparel are made from an ultra-soft fabric of bamboo-derived viscose blended with a touch of spandex for stretch, and we describe our materials using accurate terminology. We do not make environmental, sustainability, or eco-friendly claims about our products, and we describe material properties — like softness, breathability, and stretch — based on what our fabric actually delivers.
• Verified Quality and Safety: We don't ask you to take our word for it. Our fabrics are certified to OEKO-TEX® Standard 100, our children's products are tested by independent, CPSC-accepted third-party laboratories and supported by Children's Product Certificates, and every item in our Collegiate Collection carries the Officially Licensed Collegiate Products hologram label. You can read more on our Product Safety and Fair Labor Practices pages.
• Straightforward Communication: Building and maintaining your trust is paramount. We work to keep every product description, promotion, and policy on our site clear, consistent, and truthful — and if we ever get something wrong, we'll correct it.

Statements about our products reflect our product specifications and the information available at the time of writing, and we update our content as our products and information evolve. If anything on our site is ever unclear, or you have a question about a specific product, please reach out through our Contact Us page — we're always happy to answer.

Thank you for choosing Tailgate Tikes, where your family's trust means everything to us.

Last updated: July 9, 2026

Tailgate Tikes may use AI-assisted chat technology from Meta — including Meta Business Agent or successor AI tools available for business messaging on platforms such as WhatsApp, Instagram, and Messenger — to enhance customer conversations, provide helpful product information, and create a seamless shopping experience. This policy explains how AI is used in our chat experiences when this technology is active, how AI is used in our advertising, what customers can expect, and how we protect your privacy and trust. When AI-assisted chat is not in use, your messages are handled by our team directly.

Purpose of AI in Business Chats

When active, our AI chat assistant helps customers by:

• Providing details about our officially licensed collegiate and sports-inspired bamboo sleepwear, pajamas, and accessories
• Answering common questions about product availability, sizing, shipping, and returns
• Directing customers to helpful pages such as our Size Guide, Wash & Care, or Signup for our 10% off discount
• Offering support for order tracking, restock updates, and promotions

We use AI only to support our own customer service and shopping experience — as a tool that helps our business serve you, not as a standalone AI product.

AI Disclosure

When you are chatting with our AI assistant, we will make that clear to you in the conversation, consistent with Meta's business messaging requirements. AI-generated responses may also be labeled by the platform (for example, as "generated by AI").

Human Oversight and Escalation

Our AI assistant is designed to provide fast, friendly service, but a path to our human support team is always available. The AI may assist with returns, order status, and general questions; however, high-risk or sensitive topics — such as complaints, product safety questions, licensing inquiries, or media requests — are escalated to a team member. For these matters, please Contact Us.

Accuracy and Transparency

The AI strives to provide accurate and up-to-date information about Tailgate Tikes products and policies, but AI-generated responses can occasionally be inaccurate. As details such as shipping timelines, restocks, or promotions may change, we encourage customers to verify key information on our official website at www.tailgatetikes.com. If unsure, the AI will recommend checking official pages or contacting our customer service team, and our published policies control in the event of any conflict with an AI-generated response.

Data Use and Privacy

When we use AI from Meta to help generate chat responses, your use of that AI is subject to Meta's AI Terms and Meta's Privacy Policy, and your feedback and messages may be used by Meta to improve its AI, as described in those terms. Conversations that use AI from Meta may be visible to you, to Tailgate Tikes, and to Meta.

Tailgate Tikes does not sell personal information collected during AI chats. Information we receive from these chats is handled in accordance with our Privacy Policy and is used to support your shopping experience and order support. For more about business chats using AI from Meta, visit Meta's Business Chats Using AI From Meta page.

AI in Advertising

Separately from chat, Tailgate Tikes uses AI-powered advertising tools from Meta and other advertising platforms — such as campaign optimization and audience tools — to help deliver ads that are more relevant to you. Personal information used for advertising is collected, used, and shared as described in our Privacy Policy, which also explains how to opt out of targeted advertising. Regardless of the tools used to create or deliver our ads, we hold our advertising to the same standard as the rest of our content: our ads are intended to accurately represent our actual products.

Customer Choice

You can always choose to speak directly with a Tailgate Tikes team member instead of interacting with our AI assistant. To do so, simply request "human support" during your chat or Contact Us.

Continuous Improvement

When AI-assisted chat is active, we regularly review AI responses to ensure they reflect Tailgate Tikes' friendly, accurate, and family-focused brand voice while staying aligned with Meta's evolving AI and business messaging policies. Updates to this policy will be reflected here as changes occur.

At Tailgate Tikes, product safety is a top priority. Our children's apparel and accessories are designed and produced to comply with applicable U.S. product safety requirements, including standards enforced by the Consumer Product Safety Commission (CPSC) under the Consumer Product Safety Improvement Act (CPSIA).

Our children's products are tested by independent, CPSC-accepted third-party laboratories and are supported by Children's Product Certificates based on the safety rules applicable to each product.

Because requirements vary by product type, material, and intended age range, compliance documentation differs by product. If you have a question about a specific item, please contact us through our Contact Us page.

Effective July 2026

Tailgate Tikes LLC is committed to producing premium children's products in workplaces that respect the rights, dignity, and wellbeing of every worker. This Supplier Code of Conduct and its Compliance Benchmarks apply to all suppliers, manufacturers, subcontractors, and sub-suppliers producing goods or components for Tailgate Tikes LLC, and to all workers in those facilities, including permanent, temporary, agency, contract, piece-rate, salaried, hourly, part-time, night, migrant, and legally employed young workers.

Suppliers are expected to comply with (1) all laws and regulations applicable in the jurisdictions in which workers are employed, (2) this Code, and (3) the Compliance Benchmark standards below. Where these standards differ or conflict, suppliers are expected to comply with the highest applicable standard.

Workplace Code of Conduct

Employment Relationship: Employers shall adopt and adhere to rules and conditions of employment that respect workers and, at a minimum, safeguard their rights under national and international labor and social security laws and regulations.

Nondiscrimination: No person shall be subject to any discrimination in employment, including hiring, compensation, advancement, discipline, termination, or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group, or ethnic origin.

Harassment or Abuse: Every employee shall be treated with respect and dignity. No employee shall be subject to any physical, sexual, psychological, or verbal harassment or abuse.

Forced Labor: There shall be no use of forced labor, including prison labor, indentured labor, bonded labor, or other forms of forced labor.

Child Labor: No person shall be employed under the age of 15 or under the age for completion of compulsory education, whichever is higher.

Freedom of Association and Collective Bargaining: Employers shall recognize and respect the right of employees to freedom of association and collective bargaining.

Health, Safety, and Environment: Employers shall provide a safe and healthy workplace setting to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work or as a result of the operation of employers' facilities. Employers shall adopt responsible measures to mitigate negative impacts that the workplace has on the environment.

Hours of Work: Employers shall not require workers to work more than the regular and overtime hours allowed by the law of the country where the workers are employed. The regular work week shall not exceed 48 hours. Employers shall allow workers at least 24 consecutive hours of rest in every seven-day period. All overtime work shall be consensual. Employers shall not request overtime on a regular basis and shall compensate all overtime work at a premium rate. Other than in exceptional circumstances, the sum of regular and overtime hours in a week shall not exceed 60 hours.

Compensation: Every worker has a right to compensation for a regular work week that is sufficient to meet the worker's basic needs and provide some discretionary income. Employers shall pay at least the minimum wage or the appropriate prevailing wage, whichever is higher, comply with all legal requirements on wages, and provide any benefits required by law or contract. Where compensation does not meet workers' basic needs and provide some discretionary income, each employer shall work with Tailgate Tikes LLC to take appropriate actions that seek to progressively realize a level of compensation that does.

I. Law and Code Compliance (L&CC)

L&CC.1 Federal/Country Law. Suppliers shall comply with all relevant and applicable federal and country laws in the jurisdictions in which workers are employed.

L&CC.2 State/Provincial/Local Law. Suppliers shall comply with all relevant and applicable state, provincial, local, and city laws in the jurisdictions in which workers are employed.

II. Employment Relationship (ER)

Employment Management Systems

ER.1 Human Resources. Employers shall have in place written policies and practices and maintain proper and accurate records governing all aspects of employment, from recruitment, hiring, and probation — including written terms and conditions of employment, job descriptions, administration of compensation, and working hours for all positions — through retrenchment and termination processes. Employers shall assign responsibility for human resources administration to clearly defined and adequately qualified staff, and ensure workers at all levels receive communication and training about existing policies and procedures and any revisions. Employers should implement an annual review of all policies and procedures, with input from workers, to ensure they meet legal requirements and this Code.

ER.2 Special Categories of Workers. Employers shall ensure that all legally mandated requirements for the protection or management of special categories of workers — including migrant, juvenile, contract/contingent/temporary, probationary, and pregnant or disabled workers — are implemented. Where local law and this Code differ, the highest applicable standard applies. Home work is prohibited.

ER.3 New Employee Orientation. Employers shall provide an orientation to new employees at the time of hiring covering the employer's rules, compensation package, human resources policies, grievance systems, industrial relations (including respect for freedom of association), workers' rights and responsibilities, this Code, health and safety, and environmental protection. Training shall be updated regularly, particularly when policies are revised, and workers shall be provided written documentation substantiating all issues covered in orientation.

ER.4 Communication. Employers shall inform workers about workplace rules, environmental protection systems, health and safety information, and laws regarding workers' rights with respect to freedom of association, compensation, working hours, and any other legally required information, as well as this Code, through appropriate means, including postings in the local language(s) throughout the workplace's common areas.

ER.5 Supervisor Training. Employers shall ensure that all supervisors are trained in national laws, workplace regulations, this Code, workplace grievance systems, and appropriate compliance practices. Employers shall inform supervisors that they may not use any form of harassment or abuse to maintain labor discipline. Trainings shall be updated regularly.

ER.6 Skills Development Training. Employers shall have written policies and procedures, and implement practices, that encourage ongoing training of all categories of workers with the goal of raising or broadening skills for career advancement. Policies should address how workers are informed of training opportunities, eligibility requirements, whether training is compulsory or voluntary, whether it occurs during or after working hours, and whether training time is compensated.

ER.7 Performance Reviews. Employers shall have written performance review policies and procedures that outline the review steps and process, demonstrate linkage to job grading, prohibit discrimination, are provided in writing, seek written feedback and agreement or disagreement from employees, and follow all local legal requirements. The performance review process shall be communicated to the workforce and reviewed regularly.

ER.8 Promotion, Demotion, and Job Reassignment. Employers shall have written policies and procedures regarding promotion, demotion, and job reassignment that outline the criteria, demonstrate linkage to job grading, prohibit discrimination and the use of demotion or reassignment as a penalty or punishment, are provided in writing, seek written feedback from employees, and follow all local legal requirements.

Recruitment and Hiring

ER.9 Contract, Contingent, or Temporary Workers. Employers shall hire contract, contingent, or temporary workers only where consistent with the national law of the country of production, and shall have written policies and procedures regulating such hiring. Contract, contingent, or temporary workers shall be hired only when: (a) the permanent workforce is not sufficient to meet unexpected or unusually large order volumes; (b) exceptional circumstances would otherwise result in great financial loss to the supplier if delivery cannot be met on time; or (c) the work required falls outside the professional expertise of the permanent workforce.

ER.10 Invalid Use of Contract, Contingent, or Temporary Workers. Employers shall not hire contract, contingent, or temporary workers as a means to support continuing business needs on a long-term basis, and shall not renew contracts for multiple successive short terms in lieu of providing regular employment.

ER.11 Terms for Contract, Contingent, Migrant, or Temporary Workers. Employers must ensure the following minimum terms and conditions: (1) the enterprise defines the job functions or tasks these workers are hired to perform and maintains information on their use in relation to production needs; (2) these workers are provided an employment agreement in their native language setting out employment terms and conditions — for migrant workers, a copy of the contract in their native language shall be provided prior to departure from their country of origin; (3) workplace rules and regulations apply to these workers the same as to permanent workers; (4) national laws governing these workers shall be observed; (5) personnel files and all relevant employment information shall be maintained and accessible at the workplace site at all times; (6) workers hired on more than one occasion for seasonal production shall sign a separate contract for each new hire event, with all relevant information retained in each worker's personnel file; and (7) these workers shall be given priority when the enterprise seeks new permanent employees.

ER.12 Transition to Permanent Employee. For any contract, contingent, or temporary worker who becomes a permanent employee, seniority and other benefits eligibility must be dated from the first date of work as a contract, contingent, or temporary worker, not from the first day of permanent employment.

ER.13 Apprenticeships and Vocational Training. Employers shall comply with all regulations and requirements of apprentice or vocational education programs and shall be able to document that these are legally recognized programs; informal arrangements of any kind are not acceptable. Such programs shall be reserved exclusively for workers who lack the training or experience necessary to be hired as regular workers, and shall be subject to workplace conditions as set by this Code and national laws and regulations.

ER.14 Agreements with Employment Agencies. Employers shall use standard contract language with employment agencies or intermediaries that specifically empowers employers to pay wages directly to migrant, contract, contingent, or temporary workers; ensures equality of compensation and workplace standards under this Code and national law; and specifically prohibits practices that restrict any worker's freedom of movement or ability to terminate their employment.

Termination and Retrenchment

ER.15 Termination Payouts. Employers shall have in place a procedure for determining termination payouts, including methods for correct assessment of payouts for all modes of termination or retrenchment, taking into account national legal requirements. Employers shall establish channels for workers to confidentially express concerns about legally owed payments during a retrenchment process. Employers shall not demand that workers sign any declaration of good health, waiver, or release of rights as a condition of receiving severance pay or other legal benefits, nor threaten to withhold benefits if workers do not sign. Upon termination, severance shall be based on the worker's current salary and seniority calculated from the initial date of hire. Where advance termination payouts are provided as allowed by law, these amounts may be subtracted from the final severance payment but must be included as itemized deductions in the final severance calculation. Where employers provide annual indemnification, original contracts should remain in effect without being terminated.

ER.16 Retrenchment Policies and Procedures. Employers shall maintain proper and accurate records relating to termination and retrenchment. When facing major changes in production, program, organization, structure, or technology likely to result in temporary or permanent layoffs, employers shall communicate alternatives to retrenchment that have been considered and consult any workers' representatives as early as possible with a view to averting or minimizing layoffs. Where layoffs are unavoidable, a plan shall be developed and implemented to mitigate adverse effects on workers and their communities; the plan shall be clearly communicated and posted, with feedback channels for workers. Employers shall give retrenched workers the opportunity to transfer to other owned facilities in the country at a comparable wage and make all efforts to facilitate re-employment in other enterprises in the country.

Grievance System

ER.17 Worker-Management Communication and Grievances. Employers shall have a clear and transparent system of worker-management communication that enables workers to consult with and provide input to management (for example, suggestion boxes, worker committees, designated meeting spaces, union representatives, or meetings between management and workers' representatives). There shall be a mechanism allowing workers to report harassment and grievances confidentially, including concerns about legally owed payments during retrenchment. Employers shall have written procedures allowing direct settlement of grievances between the worker and immediate supervisor, with additional options for senior management review where direct settlement is inappropriate or has failed. Grievance procedures shall be known to workers, who shall be fully trained on their use. Employers shall track the number, types, timing, and resolution of grievances and communicate resolutions to the workforce. Employers shall have a system in place to prevent retaliation against or discrimination toward workers who file grievances, including grievances regarding harassment, abuse, violations of factory procedures, compensation, or unsafe working conditions. Workers may also raise concerns regarding this Code confidentially and without retaliation directly with Tailgate Tikes LLC through the contact information provided with this Code.

Workplace Conduct and Discipline

ER.18 Discipline. Employers shall have written disciplinary rules, procedures, and practices embodying a system of progressive discipline (escalating from verbal warnings to written warnings to suspension and finally to termination). The disciplinary system shall be applied fairly and without discrimination, and shall include management review by someone senior to the manager who imposed the disciplinary action. Employers shall maintain written records of all disciplinary actions and ensure managers and supervisors are fully familiar with the system. Workplace rules, policies, and disciplinary procedures shall be clearly communicated to all workers in the language(s) they speak; any exceptions (for example, immediate termination for gross misconduct such as theft or assault) shall also be in writing and clearly communicated. Workers must be informed in writing when a disciplinary procedure has been initiated against them, have the right to participate and be heard in any disciplinary procedure, and must sign all written records of disciplinary action against them, with records maintained in the worker's personnel file. The disciplinary system shall include a third-party witness during imposition and an appeal process. Employers shall inform workers that any form of harassment or abuse in the workplace is subject to disciplinary measures, and shall commit to non-retaliation for all steps of the disciplinary process, including a worker's request for a witness or appeal.

General Compliance

ER.19 Documentation and Inspection. Employers shall maintain on file all documentation needed to demonstrate compliance with this Code and applicable law, shall make these documents available to third-party assessors commissioned by Tailgate Tikes LLC, and shall submit to inspections without prior notice. All notices legally required to be posted in workplace areas shall be posted.

III. Nondiscrimination (ND)

ND.1 General Compliance. Employers, employment agencies, and intermediaries shall comply with all national laws, regulations, and procedures concerning nondiscrimination. Where local law and this Code differ, the highest applicable standard applies. If not provided by law, employers must provide protection to workers who allege discrimination in any form, including in recruitment and employment practices, compensation, or on the basis of marital or health status.

ND.2 Employment Decisions. All employment decisions shall be made solely on the basis of a person's qualifications — education, training, experience, and demonstrated skills or abilities — as they relate to the inherent requirements of the job. Employment decisions shall not be made on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group, ethnic origin, marital status, or union affiliation or sympathy.

ND.3 Job Advertisements, Descriptions, and Evaluation Policies. Recruitment and employment policies and practices — including job advertisements, job descriptions, application and interview questions, and performance evaluation policies — shall be free from any type of discriminatory bias.

ND.4 Disclosure of Personal Information. Employers may not request the disclosure of any personal, non-job-related information during the application, recruitment, or hiring process, including but not limited to gender, race, religion, disability, sexual orientation, nationality, political opinion, social group, ethnic origin, or marital status.

ND.5 Compensation Discrimination. There shall be no differences in compensation for work of equal value on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group, or ethnic origin.

ND.6 Marital, Partnership, or Family Status. Employers shall not discriminate on the basis of marital, partnership, or family status; shall not threaten workers with dismissal or other adverse employment decisions to prevent them from changing their marital, partnership, or family status (including getting married or becoming pregnant); and shall not make any employment decision that negatively affects a worker's employment status — including dismissal, demotion, loss of seniority, or deduction of wages — on the basis of such status, including pregnancy.

ND.7 Pregnancy Testing. Employers shall not require pregnancy testing of workers except as required by national law, and shall not under any circumstances use pregnancy tests or the use of contraception in hiring or employment decisions, even where pregnancy tests are required by national law.

ND.8 Protection and Accommodation of Pregnant Workers and New Mothers. Employers shall abide by all protective provisions in national laws benefiting pregnant workers and new mothers, including provisions concerning maternity leave and benefits, prohibitions on night work, temporary reassignment away from work stations and environments that may pose risks to pregnant women, their unborn children, or new mothers and newborns, temporary adjustment of working hours during and after pregnancy, and the provision of breastfeeding breaks and facilities. Where such legal protections are lacking, employers shall take all necessary measures to ensure the safety and health of pregnant women and their unborn children, and shall at minimum provide paid leave for regular prenatal and postnatal doctor visits as well as breastfeeding breaks.

ND.9 Health-Related Discrimination. Employers shall not make employment decisions that negatively affect a person's employment status — including recruitment, termination, promotion, or work assignment — on the basis of health status, unless the decision is dictated by the inherent requirements of the job or a medical necessity to protect the worker and/or other workers.

ND.10 Medical Examination. Employers may require routine medical examinations to assess general fitness as a condition of recruitment or continued employment, but such examinations shall not include testing for any disease or illness, such as HIV/AIDS, that does not have an immediate effect on a person's fitness and is not contagious.

ND.11 Confidentiality of Health Status. Employers shall respect the confidentiality of workers' health status and shall not take any action that could breach that confidentiality, including direct or indirect screening (for instance, assessments of risk behavior) or questions about previously taken tests or medications.

ND.12 Reasonable Accommodation for Health Reasons. Employers shall take measures to reasonably accommodate workers with chronic illnesses, including HIV/AIDS-related illnesses, which may include rearrangement of working time, provision of special equipment, rest break opportunities, time off for medical appointments, flexible sick leave, part-time work, and return-to-work arrangements.

ND.13 Reasonable Accommodation, Modifications, and Adjustments. Employers shall make all reasonable modifications and adjustments to accommodate the specific religious, ethnic, gender, and disability-based needs of all workers within the workplace and within any employer-provided facilities such as dormitories or transportation. Workers shall not be required to reimburse the facility for the cost of these accommodations.

ND.14 Dress Codes and Uniforms. Employers shall not impose any discriminatory restrictions on the dress or appearance of workers. Where uniforms or specific clothing are required, accommodations shall be made for religious practice or disability. Any workplace dress code shall not discriminate against or set different standards for ethnic or cultural groups.

ND.15 Spoken Languages. Employers shall not require specific languages to be spoken in the work environment, nor prohibit the use of any language among workers, and shall make every reasonable effort to communicate with workers in their native language.

IV. Harassment or Abuse (H/A)

H/A.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures concerning discipline, violence, harassment, and abuse, including gender-based violence and harassment. If not provided under law, employers must provide protection to workers who allege harassment or abuse violations, and to workers who are victims of domestic violence.

H/A.2 Monetary Fines and Penalties. Employers shall not use monetary fines or penalties to maintain labor discipline, including for poor performance, broken or lost tools or machinery, or violations of company rules, regulations, or policies.

H/A.3 Access to Facilities. Access to food, water, toilets, medical care, health clinics, or other basic necessities shall not be used as a reward or as a means to maintain labor discipline.

H/A.4 Physical Abuse. Employers shall not use any form or threat of physical violence — including slaps, pushes, or other physical contact — as a means to maintain labor discipline.

H/A.5 Verbal Abuse. Employers shall not use any form of verbal violence — including screaming, yelling, or threatening, demeaning, or insulting language — as a means to maintain labor discipline.

H/A.6 Psychological Abuse. Employers shall not use any form or threat of psychological abuse, such as forcing workers to sign letters of self-criticism or posting the names of workers subject to disciplinary measures, as a means to maintain labor discipline.

H/A.7 Freedom of Movement. Employers shall not restrain the freedom of movement of workers — including movement in canteens, during breaks, using toilets, accessing water, or accessing necessary medical attention — as a means to maintain labor discipline.

H/A.8 Elimination of Violence, Harassment, and Abuse. Employers shall ensure that the workplace and all workplace facilities (such as employer-provided transportation or dormitories) are free from any type of violence, harassment, or abuse — physical, sexual, psychological, verbal, or otherwise. Employers, in consultation with worker or union representatives, shall assess specific hazards and risks of harassment and abuse in the workplace, including gender-based violence, arising from working conditions, work arrangements (such as night shifts), work organization, and third parties such as recruitment agencies, contractors, or other intermediaries. Employers shall develop, implement, and monitor policies and procedures for eliminating these risks, including a clear statement that violence, harassment, and abuse will not be tolerated, procedures for investigating allegations, and measures to protect complainants, victims, and witnesses. Employers shall take all necessary precautions to eliminate any action — by the employer, between or among employees, or by third parties retained by the employer or whose work is connected with the workplace — that would result in gender-based violence or harassment, whether occurring inside or outside the workplace or working hours.

H/A.9 Sexual Harassment. Employers shall refrain from: any act of sexual harassment, including inappropriate remarks, insults, jokes, insinuations, or comments on a person's dress, physique, age, or family situation; condescending or paternalistic attitudes with sexual implications that undermine dignity; any unwelcome invitation or request, implicit or explicit, whether or not accompanied by threats; any lascivious look or other gesture associated with sexuality; and any unnecessary physical contact such as touching, caresses, pinching, or assault. Employers shall not offer, or take any action that may suggest an offer of, recruitment, continued employment, promotion, improved working conditions, preferential work assignments, or other preferential treatment in exchange for a sexual relationship. Employers shall not subject workers to prejudicial treatment of any kind in retaliation for refused sexual advances or corrected inappropriate behavior.

H/A.10 Security Practices and Body Searches. All security practices shall be gender-appropriate and non-intrusive so that the dignity of workers is protected when a search is undertaken. Searching of bags and other personal items to prevent theft is acceptable. Body searches and physical pat-downs shall be undertaken only when there is a specific, legitimate reason and with worker consent, unless ordered by a state official with the power to do so. Body searches shall not be undertaken in public, and the person conducting the search shall be of the same sex as the person being searched.

H/A.11 Discipline of Abusive Personnel. Employers shall have a system to discipline supervisors, managers, or workers who engage in any physical, sexual, psychological, or verbal violence, harassment, or abuse — through measures such as compulsory counseling, warnings, demotions, and terminations or a combination thereof — regardless of whether the action was intended as a means to maintain labor discipline, with a view to preventing recurrence and facilitating reintegration into work where appropriate.

V. Forced Labor (F)

F.1 General Compliance. Employers, employment agencies, and intermediaries shall comply with all national laws, regulations, and procedures concerning the prohibition of forced labor and human trafficking. If not provided by law, employers must provide protection to workers who allege forced labor violations.

F.2 Freedom in Employment. All workers shall have the right to enter into and to terminate their employment freely. Employment terms shall be those to which the worker has voluntarily agreed, insofar as those terms do not fall below the provisions of national law, freely negotiated and valid collective bargaining agreements, or this Code. There shall be no employment terms that allow employers, employment agencies, or intermediaries to hold wages already earned, use earned wages as penalties, or in any way punish workers for terminating employment.

F.3 Debt and Bonded Labor. Employers, employment agencies, and intermediaries shall not bind workers to employment as a condition of fulfilling the terms of a debt. Loans may be provided directly to workers only as a component of a larger loan program (for example, housing or education loans) available to all workers. Lending and savings programs must comply with all national laws and regulations. The continuance of a loan may not depend on continued employment at the workplace, and no penalties may be assessed on a loan because a worker ends employment. Interest may not exceed the cost of administering the loan program and any tax liabilities incurred by the program, within legal limits.

F.4 Freedom of Movement. If workplace entrances are locked or guarded to prevent non-employee access for security reasons, workers shall have free egress at all times. No terms imposed by the employer or any employment agency or intermediary shall confine or restrict employees' freedom of movement or free transit.

F.5 Employer-Controlled Residence. Employers shall not require or influence workers to live in employer-owned or employer-controlled residences as a condition of recruitment, continued employment, or receiving the same terms of employment and working conditions as other workers in the same position.

F.6 Freedom of Movement in Employer-Controlled Residences. The freedom of movement of workers who live in employer-owned or employer-controlled residences shall not be unreasonably restricted.

F.7 Threat of Penalty. Employers shall not utilize — nor use employment agencies or intermediaries that utilize — practices that restrict any worker's freedom of movement or ability to terminate employment, or that create a threat of penalty. Examples include, but are not limited to: threats of physical or mental coercion; requiring deposits; imposing financial penalties; requiring workers to pay recruitment and/or employment fees; providing precarious employment; and using false information to recruit workers.

F.8 Forced Overtime. The imposition of overtime where workers are unable to leave the work premises constitutes forced labor.

F.9 Personal Identification and Other Documents. Workers shall retain possession and control of their passports, identity papers, travel documents, work permits, and other personal legal documents.

F.10 Storage of Employee Documents. Employers shall provide, at the employee's request, secure storage for documents such as passports, identity papers, and travel documents. Such storage shall be freely accessible to workers at all times. Employers shall not withhold such documents or restrict workers' access to them for any reason, including to ensure that workers remain in employment.

F.11 Employment Fees. Fees and other costs associated with the employment of workers, including migrant, contingent, contract, and temporary workers, shall be the sole responsibility of the employer. No worker shall pay for a job.

F.12 Free Disposal of Wages. Employers may not limit in any manner the freedom of workers to dispose of their wages. Workers must be free from any coercion to use enterprise- or employer-operated stores.

VI. Child Labor (CL)

CL.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures concerning the prohibition of child labor.

CL.2 Child Labor. Employers shall not employ anyone under the age of 15 or under the age for completion of compulsory education, whichever is higher.

CL.3 Government Permits and Parental Consent Documentation. Where the law requires government permits or parental permission as a condition of employment, employers shall abide by all relevant rules and procedures and shall keep documentation on site for inspection at all times.

CL.4 Employment of Young Workers. Employers shall comply with all relevant laws applying to young workers (those between the minimum working age and 18), including regulations related to hiring, working conditions, types of work, hours of work, proof-of-age documentation, and overtime.

CL.5 Hazardous Work for Young Workers. No person under the age of 18 shall undertake hazardous work — work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of persons under 18.

CL.6 Young Worker Identification System. Employers shall have a system for identifying workstations and operations that are inappropriate for young workers according to applicable law.

CL.7 Apprenticeships and Minimum Working Age. Apprentices and vocational students shall not be under the age of 15 or under the age for completion of compulsory education, whichever is higher.

CL.8 Proof of Age Documentation. Employers shall collect and maintain all documentation necessary to confirm and verify the date of birth of all workers, such as birth certificates, and shall take reasonable measures to ensure such documentation is complete and accurate. Where proof-of-age documentation is not readily available or is unreliable, employers shall take all necessary precautions that can reasonably be expected of them to ensure that all workers are at least the minimum working age, including requesting and maintaining medical or religious records or using other means considered reliable in the local context.

VII. Freedom of Association and Collective Bargaining (FOA)

FOA.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures protecting the rights of workers to organize and bargain collectively. Where local law and this Code differ, the highest applicable standard applies. If not provided by law, employers must provide protection to workers who allege violations of freedom of association.

FOA.2 Right to Freely Associate. Workers, without distinction whatsoever, shall have the right to establish and join organizations of their own choosing, subject only to the rules of the organization concerned, without previous authorization. The right to freedom of association begins when a worker seeks employment and continues through the course of employment, including eventual termination, and applies as well to unemployed and retired workers.

FOA.3 Alternative Means of Association. Where the right to freedom of association and collective bargaining is restricted under law, employers shall not obstruct legal alternative means of worker association.

FOA.4 Anti-Union Violence, Harassment, or Abuse. Employers shall not use any form of physical or psychological violence, threats, intimidation, retaliation, harassment, or abuse against union representatives or workers seeking to form, in the process of forming, or who have joined an organization of their own choosing. Such practices shall not be used against workers' organizations or workers participating or intending to participate in formal or informal organizing activities, including strikes.

FOA.5 Anti-Union Discrimination. Employers shall not engage in any acts of anti-union discrimination or retaliation — that is, shall not make any employment decision that negatively affects a worker based wholly or in part on union membership or participation in union activity, including union formation, previous employment in a unionized facility, participation in collective bargaining efforts, or participation in a legal strike. Employers shall not use blocklists to restrict freedom of association.

FOA.6 Restoration of Workers' Rights. Workers who have been unjustly dismissed, demoted, or otherwise suffered a loss of rights and privileges at work due to an act of union discrimination shall, subject to national law, be entitled to restoration of all rights and privileges lost, including reinstatement and retroactive payment of wages, if they so desire.

FOA.7 Protection of Union Representatives. Employers shall comply with all relevant provisions where national law provides special protection to workers or worker representatives engaged in particular union activity (such as union formation) or with particular status (such as founding union members or current union office holders).

FOA.8 Production Shift or Workplace Closure. Employers shall not threaten to shift or shift production, or threaten to close or close a workplace, in an attempt to prevent the formation of a union, in reaction to the formation of a union, in reaction to any other legitimate exercise of the right to freedom of association and collective bargaining (including the right to strike), or in an effort to break up a union. If a workplace is closing and there is a dispute as to whether the closure was intended to prevent or hamper the legitimate exercise of freedom of association, employers shall provide proof assessable by a third party of the validity of the reasons given for closure.

FOA.9 Severance Pay. Employers shall not offer or use severance pay in any form, or under any other name, as a means of contravening the right to freedom of association, including attempts to prevent or restrict union formation or union activity, including strikes.

FOA.10 Employer Interference. Employers shall refrain from any act of interference with the formation or operation of workers' organizations, including acts designed to establish or promote the domination, financing, or control of workers' organizations by employers.

FOA.11 Constitution, Elections, Administration, and Activities. Employers shall not interfere with the right of workers to draw up their constitutions and rules, elect their representatives, or organize their administration and activities.

FOA.12 Registration. Employers shall not attempt to influence or interfere, to the detriment of workers' organizations, with government registration decisions, procedures, or requirements regarding the formation of workers' organizations.

FOA.13 Favoritism. Employers shall not interfere with the right to freedom of association by favoring one workers' organization over another. Where a single union represents workers, employers shall not attempt to influence or interfere in any way with workers' ability to form other organizations that represent workers.

FOA.14 Police and Military Forces. Employers shall not in any way threaten to use, or use, the presence of police or military to prevent, disrupt, or break up any activity that constitutes an exercise of the right to freedom of association, including union meetings, assemblies, and strikes.

FOA.15 Facilities for Worker Representatives. Worker representatives shall have the facilities necessary for the proper exercise of their functions, including access to workplaces and office space where required by law.

FOA.16 Good-Faith Collective Bargaining. Employers shall recognize the right of workers to free and voluntary collective bargaining with a view to regulating terms and conditions of employment by collective agreement. Employers and worker representatives shall bargain in good faith — engaging in genuine and constructive negotiations and making every effort to reach agreement.

FOA.17 Exclusive Bargaining and Other Recognized Unions. Employers shall bargain with any union recognized by law, or by agreement between the employer and that union, as a — or the exclusive — bargaining agent for some or all of its workers, provided such agreement does not contravene national law.

FOA.18 Unorganized Workers. Employers may engage in collective bargaining with representatives of unorganized workers only when no workers' organization exists.

FOA.19 Compliance with Collective Bargaining Agreements. Employers, unions, and workers shall honor in good faith, for the term of the agreement, the terms of any collective bargaining agreement they have agreed to and signed. Worker representatives and workers shall be able to raise issues regarding employer compliance with a collective bargaining agreement without retaliation or negative effect on their employment status. Where a union exists in the workplace, employers shall make a copy of the collective bargaining agreement available to all workers and other interested parties.

FOA.20 Validity of Collective Bargaining Agreements. Collective bargaining agreements that have not been negotiated freely, voluntarily, and in good faith shall be considered not applicable, as shall provisions that contradict national law or offer workers less protection than this Code.

FOA.21 Rights of Minority Unions and Their Members. Unions not recognized as the bargaining agent of some or all workers in a facility shall have the means for defending the occupational interests of their members, including making representations on their behalf and representing them in individual grievances and disciplinary actions, within limits established by applicable law.

FOA.22 Right to Strike. Employers shall not impose any sanction on workers for organizing or having participated in a strike conducted in accordance with ILO standards and jurisprudence.

FOA.23 Replacement Workers. Employers shall not hire replacement workers to prevent or break up a strike conducted in accordance with ILO standards and jurisprudence, or to avoid negotiating in good faith.

VIII. Health, Safety, and Environment (HSE)

HSE.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures concerning health, safety, and the environment.

HSE.2 Document Accessibility. All documents required by applicable law to be available to workers and management — such as health and safety policies, Safety Data Sheets (SDS), and environmental emergency procedures — shall be made available in the prescribed manner, in the local language and in the language spoken by workers if different.

HSE.3 Notification and Record Maintenance. Employers shall notify the relevant national and/or local authorities of all illnesses, accidents, and environmental emergencies as required by applicable law. All illness, safety, accident, and emergency reports shall be maintained on site for at least one year, or longer if required by law.

HSE.4 Permits and Certificates. Employers shall at all times be in possession of all legally required and valid permits and certificates related to health, safety, and environmental issues, including those for: purchase and storage of chemicals; fire safety inspections; machinery inspections; waste disposal; environmental licenses and permits; sanitation (including canteens); and vehicle inspection and driver permits for all employer-provided transportation.

HSE.5 Evacuation Requirements. All applicable, legally required or recommended elements of safe evacuation shall be complied with, including: posting evacuation plans; installation and maintenance of fire alarms; installation and maintenance of emergency lighting; ensuring aisles and exits are not blocked and workers are not blocked within workstations; employee education and training; and evacuation procedures and fire drills. Workers shall be trained in evacuation procedures. Alarm systems shall be regularly tested, and evacuation drills undertaken at least annually. Emergency evacuation procedures shall include notifying local community authorities in the event of accidental discharge or release of chemical or waste products or any other environmental emergency.

HSE.6 Safety Equipment and First Aid Training. All safety and medical equipment (such as firefighting equipment and first aid kits) shall be available in sufficient numbers throughout the workplace, maintained and stocked as prescribed, and easily accessible to workers. A sufficient number of workers shall be trained in first aid and firefighting techniques, upon hire and with periodic refresher training.

HSE.7 Personal Protective Equipment. Workers shall be provided at no cost with all appropriate and necessary personal protective equipment (such as gloves and eye, hearing, and respiratory protection) to effectively prevent unsafe exposure to health and safety hazards, including medical waste.

HSE.8 Use of Personal Protective Equipment. Workers shall be trained in the use and maintenance of personal protective equipment, upon hire and with periodic refresher training. Management shall ensure PPE is used as necessary.

HSE.9 Chemical Management and Training. All chemicals and hazardous substances shall be properly labeled, stored in secure and ventilated areas, and disposed of in a safe and legal manner, in accordance with applicable laws and international standards. Labels shall be in the local language and the language spoken by workers, if different. Workers shall receive training, appropriate to their job responsibilities, on the hazards, risks, and safe use of chemicals and other hazardous substances.

HSE.10 Safety Data Sheets. Safety Data Sheets (SDS) for all chemicals and hazardous substances used in the workplace must be available at the usage and storage sites, in the local language and the language spoken by workers if different, and workers shall have free access to them.

HSE.11 Chemical Protections for Pregnant Women and Young Workers. To prevent unsafe exposure to hazardous chemicals and substances, appropriate accommodations shall be made for pregnant women and workers under 18, as required by applicable law or this Code, in a manner that does not unreasonably disadvantage workers.

HSE.12 Protection of Reproductive Health. Employers shall ensure that women are not engaged in work that constitutes a substantial risk to their reproductive health.

HSE.13 Facility Installation and Maintenance. All necessary ventilation, plumbing, electrical, noise, and lighting services shall be installed and maintained to conform to applicable law and to prevent or minimize hazardous conditions for workers in the facility.

HSE.14 Machinery Safety, Maintenance, and Training. All production machinery, equipment, and tools shall be properly guarded and regularly maintained. Workers shall receive training in the proper use and safe operation of the machinery, equipment, and tools they use. Safety instructions shall be displayed or posted near all machinery or be readily accessible to workers in the language(s) they speak.

HSE.15 Proper Use of Machinery. Employers shall not use negative incentives such as monetary penalty schemes to ensure that workers use machinery, equipment, and tools safely and properly. Instead, training on risk awareness and proper machine use, and positive incentives such as bonuses, should be used.

HSE.16 Refusal to Use Unsafe Machinery. Workers shall not suffer any negative consequences for refusing to work with machinery, equipment, or tools that are not properly guarded or that are reasonably considered unsafe.

HSE.17 Ergonomics. Workstations — including seating and standing arrangements and the reach required to obtain tools — shall be designed and set up to minimize bodily strain. Employers shall train workers in proper lifting techniques, and items such as lifting belts shall be provided.

HSE.18 Medical Facilities. Medical facilities shall be established and maintained as required by applicable law. Medical staff shall be fully licensed and recognized under applicable national rules and regulations, with an appropriate number of medical staff on duty during all working hours, including overtime, as required by national law. An appropriate stock of medical supplies shall be maintained at all times, and expired medicines shall be replaced immediately and disposed of safely.

HSE.19 Sanitation in Workplace Facilities. All facilities — including workplace buildings, toilets, canteens, kitchens, and clinics — shall be kept clean and safe and shall comply with all applicable laws, including relevant sanitation, medical, and safety and health regulations.

HSE.20 Toilets. Employers shall provide the number of toilets required under applicable law within reasonable distance of the workplace, and should also consider the number of workers, privacy for each individual and gender, accessibility, and hygiene.

HSE.21 Toilet Restrictions. Employers shall not place any undue restrictions on toilet use in terms of time or frequency.

HSE.22 Food Preparation. All food made available to workers shall be prepared, stored, and served in a safe and sanitary manner in accordance with all applicable laws and international standards. All workers handling food must be trained and/or certified to prepare or serve food in the facility.

HSE.23 Drinking Water. Safe and clean drinking water shall be freely available at all times within reasonable distance of the workplace, at a reasonable temperature, with safe and sanitary means to drink (such as cups) available in appropriate numbers.

HSE.24 Drinking Water Restrictions. Employers shall not place any undue restrictions on access to drinking water in terms of time or frequency.

HSE.25 Dormitory Facilities. Dormitory facilities, including those provided by employment agencies or intermediaries associated with the employer, shall meet all applicable laws and regulations related to health, safety, and environment, including fire safety, sanitation, risk protection, and electrical, mechanical, and structural safety. All dormitories shall be kept secure and clean and shall have safety provisions such as fire extinguishers, first aid kits, unobstructed emergency exits, and emergency lighting. Emergency evacuation drills shall be conducted at least semi-annually.

HSE.26 Dormitories Separate from Production. All dormitory facilities must be structurally sound, in good repair, and located separately from production, warehouse, and hazardous chemical storage areas.

HSE.27 Childcare Facilities and Children on Premises. Childcare facilities shall not physically overlap with production areas, and children shall not have access to production areas. Children under the minimum working age shall not be allowed in workplace areas at any time, except as part of a guided school tour or similar unusual event. All childcare workers must be fully trained and licensed to provide the level of care necessary; where local legal requirements are absent, childcare workers must have at least some vocational training in childcare. Childcare facility hours must match the working hours of the facility's shift schedule, following any requirements of local law.

HSE.28 External Contractors. Employers shall create a system to ensure that all necessary health and safety protections are provided for external contractors, including protection when working within confined spaces, during maintenance work, and for general health and safety.

HSE.29 High-Risk Areas. Employers shall provide all necessary protection for workers when working at heights, in confined spaces, or in other high-risk areas.

HSE.30 Health, Safety, and Environmental Management System. Employers shall develop, maintain, and regularly review health, safety, and environmental policies to ensure compliance with all national laws, regulations, and this Code. These policies shall contain the framework for a comprehensive health, safety, and environmental management system, including an HS&E risk assessment, within which the following are clear and regularly tested and reviewed: employers' responsibilities; workers' rights and duties; responsibilities of designated personnel; procedures enabling workers to raise health, safety, and environmental concerns; procedures for reporting death, injury, illness, near-miss accidents, and environmental emergencies; protection of workers who allege health, safety, or environmental violations; and root-cause analysis of workplace accidents with proactive action to prevent recurrence. Environmental policies shall include procedures to minimize environmental impacts with respect to energy, air emissions, water use and wastewater, waste, hazardous materials, and other significant environmental risks, and to pursue continuous improvement in environmental performance.

IX. Hours of Work (HOW)

HOW.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures concerning hours of work, public holidays, and leave. If not provided by law, employers must provide protection to workers who allege violations of laws governing work hours.

HOW.2 Rest Day. Workers shall be entitled to at least 24 consecutive hours of rest in every seven-day period. If workers must work on a rest day, an alternative consecutive 24 hours of rest must be provided within that same seven-day period or immediately following it.

HOW.3 Meal and Rest Breaks. Employers shall provide reasonable meal and rest breaks, which at a minimum must comply with national law.

HOW.4 Protected Workers. The workplace shall comply with all applicable laws governing work hours that regulate or limit the nature, frequency, and volume of work performed by women or by workers under the age of 18.

HOW.5 Protected Worker Record Keeping. Employers shall maintain the records necessary to identify all women workers and all workers under 18 entitled to legal protections concerning work hours.

HOW.6 Reasonable Staffing Levels. Employers' personnel practices shall demonstrate an effort to maintain a level of staffing that is reasonable in view of predictable or continuing fluctuations in business demand.

HOW.7 Averaging of Regular Hours. Employers may calculate regular hours of work as an average over a period longer than one week only where national law provides for that possibility and all formal and procedural requirements attached to such calculation (for instance, official permission from the relevant authorities or limits on the calculation period) are met. The basis for such calculation shall not exceed 48 hours per week.

HOW.8 Forced Overtime. Employers shall not require or permit workers to work more than the overtime hours allowed by the law of the country where the workers are employed. All overtime work shall be consensual, and employers shall operate a voluntary overtime system, including for overtime used in exceptional circumstances.

HOW.9 Exceptional Circumstances. Employers shall be able to explain all periods when the exceptional-circumstances exception has been used, and shall take reasonable steps to inform workers about the nature and expected duration of the circumstances sufficiently in advance to allow workers to make alternative plans.

HOW.10 Public Holidays. Employers shall provide workers with all official public holidays as required under national law. If not prohibited by local law, any replacement of official holidays with alternative days off must be voluntary and agreed upon in writing by the worker in advance. When using replacement holidays, all legal and Code requirements regarding overtime and hours of work apply.

HOW.11 Annual Leave. Employers shall provide workers with paid annual leave as required under national law. Even where national law allows employers to pay extra compensation in lieu of paid annual leave, employers shall not utilize that option.

HOW.12 Annual Leave Determination. Employers shall not impose undue restrictions on workers' use of annual leave. The timing of annual leave shall be determined by employers in consultation with workers, taking into account work requirements and workers' opportunities for rest and relaxation.

HOW.13 Annual Leave Procedures. Any workplace procedures regulating the timing of annual leave (for example, minimum service periods or advance written requests) must be in line with national law and communicated in full to all workers.

HOW.14 Annual Leave Wage Payments. Employers shall pay workers taking annual leave their normal or average wages for the full leave period in advance, unless specified differently under national law.

HOW.15 Retaliation for Taking Leave. Employers shall not impose any sanction on workers for requesting or taking any type of leave — such as annual, sick, or maternity leave — in line with all applicable rules and procedures.

HOW.16 Sick Leave. Employers shall provide workers with sick leave as required under national law.

HOW.17 Sick Leave Restrictions. Employers shall not impose undue restrictions on sick leave. Any procedures regulating sick leave (for example, prompt notification or medical certificates) must be in line with national law and communicated in full to all workers.

HOW.18 Calculation of Absences. Absences from work for reasons beyond workers' control, such as sick leave or periods when workplace operations are suspended, shall not be counted as annual leave nor deducted from length-of-service calculations, unless specified differently under national law.

HOW.19 Suspension of Work. Employers may suspend work only in accordance with national law. Workers shall be paid in full during periods of suspension unless national law stipulates otherwise, workers and their representative organizations agree otherwise, or the relevant national authorities authorize an alternative arrangement. Conditions of suspension shall be communicated in full to all workers.

HOW.20 Excessive Hours Reduction. Employers shall conduct regular analysis of hours of work in their workplaces and maintain procedures demonstrating a commitment to progressively reducing excessive hours of work.

HOW.21 Overtime Hours. Other than in exceptional circumstances, total weekly work hours (regular hours plus overtime, including any alternative shift patterns such as 4x4 or 3x3) shall not exceed 60 hours per week.

HOW.22 Time Recording System. Employers shall have policies for managing all working hour, overtime, and leave records in normal and exceptional circumstances. Accurate time records — including overtime, breaks, and leave — shall be maintained. Time worked by all workers, regardless of wage system, shall be fully documented by timecards or other mechanical or electronic recording systems. Employers shall not maintain multiple time-keeping systems or records; time records shall be authentic and accurate. If not provided by law, employers must provide protection to workers who allege the existence of multiple time-keeping systems or falsification of work-time records.

X. Compensation (C)

C.1 General Compliance. Employers shall comply with all national laws, regulations, and procedures concerning the payment of compensation to workers. Where differences or conflicts between national law and this Code arise, employers are expected to apply the highest standard. Where national law does not address the payment of compensation, employers shall follow the standards in this Code.

C.2 Minimum Wage. Employers shall pay workers at least the legal minimum wage or the prevailing industry wage, whichever is higher, for regular working hours (not including overtime). Workers shall be informed about the legal minimum wage.

C.3 Probationary Workers. Where probationary employment is legally allowed, probationary workers shall receive at least the minimum wage for regular workers or the prevailing industry wage for regular workers, whichever is higher, and all legally mandated benefits. No worker shall work more than three months in probationary status.

C.4 Apprentices and Vocational Trainees. During the training period, apprentices and vocational trainees shall receive at least the minimum wage for regular workers or the prevailing industry wage, whichever is higher, and all legally mandated benefits. If local law allows a lower minimum wage for apprentices or trainees, the lower wage may be applied only for the first 30 days, and only if that time is dedicated primarily to training rather than production or other essential tasks.

C.5 Contract, Contingent, or Temporary Workers. Contract, contingent, migrant, and temporary workers shall receive at least the minimum wage for regular workers or the prevailing industry wage, whichever is higher; all legally mandated benefits; and at least the same compensation as regular workers performing the same job functions or tasks with similar levels of experience or seniority.

C.6 Timely and Direct Payment of Wages. All wages, including payment for overtime, shall be paid directly and in full within legally defined time limits. Where no time limits are defined by law, compensation shall be paid at least once a month.

C.7 Accurate Calculation, Recording, and Payment. All payments to all workers — including hourly wages, piecework, benefits, and other incentives — shall be calculated, recorded, and paid accurately.

C.8 Accurate Length-of-Service Calculation. All workers shall be credited with all time worked for an employer for purposes of calculating length of service and determining the benefits to which they are entitled.

C.9 Overtime Payments. Employers shall compensate workers for all hours worked. The facility shall comply with all applicable laws, regulations, and procedures governing premium rates for work on holidays, rest days, and overtime. Employees shall be compensated for overtime hours at the premium rate legally required in the producing country; where no legal overtime premium exists, employees shall be compensated at the prevailing industry premium rate or the internationally recognized overtime rate, whichever is higher.

C.10 Overtime Wage Awareness. Workers shall be informed, orally and in writing and in the language(s) they speak, about overtime wage rates prior to undertaking overtime.

C.11 Nonpayment of Incentives. Regardless of any production quota, incentives shall not be reduced or withheld if the result would be wages below the legal minimum wage or the prevailing industry wage, whichever is higher.

C.12 Deposit of Legally Mandated Deductions. All legally mandated deductions for taxes, social insurance, or other purposes shall be deposited as required. Employers shall not hold over any of these funds from one pay period to another unless the law specifies that deposits are to be made less frequently than pay periods. If the law does not specify, deposits shall be made before the next pay period in all cases.

C.13 Voluntary Wage Deductions. Voluntary wage deductions — including for savings clubs, loan payments, and union dues or fees — may be made only with the express written consent of individual workers, unless (in the case of union dues and fees) specified otherwise in a freely negotiated and valid collective bargaining agreement, and in all cases must fall within the limits and conditions specified by law. Written consent shall be documented in employee files. All voluntary deductions shall be credited to the proper accounts, and employers shall not hold funds illegally or inappropriately.

C.14 Access to Deduction Information. Workers shall have access to regular and full information concerning the status of the relevant accounts and the status and level of their payments into them.

C.15 Pay Statement. Employers shall provide workers a pay statement, in a language workers understand, each pay period and not less than once a month, showing: earned wages, wage calculations, total hours worked, regular and overtime pay, bonuses, all deductions, and the final total wage.

C.16 Compensation Receipt. All compensation records — wages and benefits, whether in cash or in kind — must be properly documented, with receipt and accuracy confirmed by the relevant worker in writing (for example, by signature or thumbprint). No one may receive wages on behalf of a worker unless the worker has, in full freedom, authorized another person in writing to do so.

C.17 Record Maintenance. Employers shall ensure that all legally required payroll documents, journals, and reports are available, complete, accurate, and up to date.

C.18 False Payroll Records. Employers shall not use hidden or multiple payroll records to hide overtime, to falsely demonstrate hourly wages, or for any other fraudulent purpose. Payroll records shall be authentic and accurate.

C.19 Worker Awareness and Understanding of Compensation. Employers shall make every reasonable effort to ensure workers understand their compensation, including the calculation of wages, incentive systems, benefits, and the bonuses to which they are entitled at the workplace and under applicable law, and shall communicate all relevant information orally and in writing in the local language or the language spoken by workers, if different.

C.20 Employer-Provided Benefits. All workers have the right to use or not use services provided by employers, such as housing or meals. Deductions for services shall not exceed the cost of the service to the employer, and employers must be able to demonstrate the accuracy or reasonableness of these deductions.

C.21 Legally Mandated Benefits. Employers shall provide all legally mandated benefits — including holidays, leave, bonuses, severance payments, and 13th-month payments — to all eligible workers within legally defined time periods, and all benefits shall be calculated correctly.

C.22 Compensation Disputes. Employers must establish a system through which workers can dispute compensation and receive clarification in a timely manner.

C.23 Fair Compensation and Basic Needs. Where compensation for a regular workweek is not sufficient to meet workers' basic needs and provide some discretionary income, each employer shall work with Tailgate Tikes LLC to take appropriate actions that seek to progressively realize a level of compensation that does.

C.24 Piece Rates and Minimum Wage. Employers shall not set production targets, piece rates, or any other incentive or production system at a level requiring workers to work beyond the regular working hours set by this Code (excluding overtime) in order to earn at least the minimum wage or the prevailing industry wage, whichever is higher. Employers shall not set production targets, piecework, or any other incentive or production system at a level where payment for overtime work performed is less than the premium pay required by law or this Code.

C.25 Wage Advances. Wage advances shall not exceed three months' pay or legal limits, whichever is less. Advances shall be made only under clearly established rules communicated to workers, must be properly documented, and their receipt and accuracy must be confirmed by the relevant worker in writing. No interest may be charged on wage advances.

XI. Ethics and Anti-Corruption (E)

E.1 Anti-Bribery and Corruption. Suppliers shall not offer, promise, give, request, or accept bribes, kickbacks, facilitation payments, or any other improper payments or advantages, whether dealing with public officials or private parties, and shall comply with all applicable anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.

E.2 Gifts and Hospitality. Suppliers shall not offer gifts, hospitality, or entertainment to Tailgate Tikes LLC personnel, agents, or auditors intended to improperly influence a business decision, an audit result, or a compliance finding.

E.3 Accurate Books and Records. Suppliers shall maintain accurate and transparent books, records, and business documentation, including all records relevant to demonstrating compliance with this Code, and shall not falsify any record or misrepresent any condition or practice, including in connection with audits or assessments. Coaching workers on how to answer auditor questions is prohibited.

E.4 Conflicts of Interest. Suppliers shall disclose to Tailgate Tikes LLC any actual or potential conflict of interest involving Tailgate Tikes LLC personnel or their family members.

XII. Responsible Sourcing, Traceability, and Import Compliance (RS)

RS.1 Supply Chain Traceability. Suppliers shall maintain documentation sufficient to trace the origin of materials used in Tailgate Tikes LLC products through the supply chain, including fiber and raw material origin, yarn spinning, fabric production, and finished goods assembly, and shall provide such documentation to Tailgate Tikes LLC upon request.

RS.2 Forced-Labor Import Compliance. Suppliers shall not source materials, components, or labor — at any tier of the supply chain — that are mined, produced, or manufactured wholly or in part with forced labor, and shall comply with all applicable forced-labor import laws, including Section 307 of the U.S. Tariff Act of 1930 and the Uyghur Forced Labor Prevention Act (UFLPA). Suppliers shall not source materials or inputs from entities on the UFLPA Entity List and shall cooperate fully and promptly with any documentation request from Tailgate Tikes LLC or from customs authorities relating to import compliance, including requests arising from a detention, exclusion, or inquiry.

RS.3 Material Disclosure. Suppliers shall accurately disclose the fiber content, material composition, and country of origin of all products and components supplied to Tailgate Tikes LLC, and shall promptly notify Tailgate Tikes LLC of any change in material sourcing, upstream suppliers, or production location before implementing the change.

RS.4 Product Safety Cooperation. Suppliers shall produce goods in accordance with the product specifications, applicable U.S. consumer product safety requirements, and testing protocols communicated by Tailgate Tikes LLC, and shall cooperate fully with third-party product safety testing, tracking-label requirements, and documentation supporting Children's Product Certificates.

XIII. Subcontracting (SUB)

Tailgate Tikes LLC does not permit subcontracting without our prior written approval. All salesman-sample and bulk production orders must be placed within facilities that have been pre-approved by Tailgate Tikes LLC, without exception. Direct suppliers are required to continuously monitor approved subcontractors and sub-suppliers for social compliance using standards that meet or exceed this Code and these Benchmarks. The requirements of this Code apply to the whole supply chain, including approved sub-suppliers and subcontractors. Standards apply equally to permanent, temporary, and agency workers, as well as piece-rate, salaried, hourly, legally employed young workers, part-time, night, and migrant workers.

SUB.1 Subcontractor Compliance. Management shall require that subcontractors in the supply chain uphold this Code. Management shall provide all documentation supplied by Tailgate Tikes LLC to all subcontractors contracted for longer than 30 days, whether consecutive or non-consecutive, within one calendar year. Management shall provide information regarding all subcontractors to Tailgate Tikes LLC upon return of the signed acknowledgment of this Code; if additional subcontractors are engaged at a later date, management is required to disclose information about the subcontractor within 10 days of the contract date. If Tailgate Tikes LLC determines that a subcontractor is not abiding by this Code, Tailgate Tikes LLC has the right to cancel production of any goods sold to Tailgate Tikes LLC produced by the non-compliant subcontracting facility.

SUB.2 Consequences of Noncompliance. Failure to comply with these subcontracting requirements may result in termination of the supplier relationship.

XIV. Code Communication and Training (COM)

All suppliers are required to (1) post this Code in a conspicuous place frequented by all employees, in the local languages spoken by employees, supervisors, and managers, and (2) undertake annual, documented training to educate current and new employees about the Code standards.

COM.1 Posting. Employers shall post the Tailgate Tikes LLC Code of Conduct in a prominent place, in the local languages spoken by employees and managers.

COM.2 Annual Training. Employers shall conduct, and document in writing, annual training on the Tailgate Tikes LLC Code standards for all current employees.

COM.3 New Hire Training. Employers shall conduct, and document in writing, training on the Tailgate Tikes LLC Code standards for all new employees upon hire.

XV. Monitoring, Remediation, and Enforcement (MRE)

MRE.1 Right to Assess. Tailgate Tikes LLC and third-party assessors commissioned by Tailgate Tikes LLC may conduct announced or unannounced assessments of any facility producing goods for Tailgate Tikes LLC, including document review, facility walkthroughs, and confidential worker interviews. Suppliers shall provide full access and shall not retaliate against any worker for participating in an assessment or raising a concern.

MRE.2 Corrective Action. Where an assessment identifies noncompliance with this Code, the supplier shall develop and implement a corrective action plan with defined responsibilities and timelines, subject to Tailgate Tikes LLC review. Tailgate Tikes LLC's preferred approach is remediation: working with suppliers to correct issues and improve conditions rather than immediately terminating the relationship.

MRE.3 Zero-Tolerance Violations. Notwithstanding MRE.2, the following constitute zero-tolerance violations that may result in immediate suspension of orders or termination of the supplier relationship: child labor; forced labor or human trafficking; physical abuse; unauthorized subcontracting; falsification of records or audit fraud; bribery of auditors or Tailgate Tikes LLC personnel; and imminent, serious threats to worker life or safety.

MRE.4 Reporting Concerns. Workers, suppliers, and third parties may report suspected violations of this Code confidentially to Tailgate Tikes LLC through the contact information provided with this Code. Tailgate Tikes LLC prohibits retaliation against anyone who reports a concern in good faith.

Glossary of Terms

Applicable Facilities: All facilities producing goods or components for Tailgate Tikes LLC, including facilities operated by direct suppliers and by approved subcontractors and sub-suppliers.

Basic Needs: The minimum necessary for a worker and two dependents to have access to resources including food, safe drinking water, clothing, shelter, energy, transportation, education, sanitation facilities, access to health care services, and other essential needs, including provisions for unexpected events. Where internationally recognized living wage benchmarks are available (such as the regionally specific Anker research methodology), a more specific family size is utilized.

Benefit: Remuneration in cash or in kind, in addition to payment for work done. This takes the form of holidays or leave with pay, social security benefits, medical care, health services, various allowances and bonuses, and housing, educational, or recreational facilities. Additional benefits may be granted by the employer, either on their own initiative or as a result of collective bargaining. Not all legally mandated benefits or contributions can be included when evaluating workers' compensation against internationally recognized living wage benchmarks.

Compensation: Total remuneration, in cash and in kind, payable by the employer to an employee in return for work done during a specific pay period. Compensation has two main components: wages and salaries payable in cash and/or by direct or electronic deposit, and the amount of benefits payable by the employer.

Discretionary Income: The remaining income of a worker after taxes, legal deductions, and basic-needs expenses.

Exceptional Circumstances: Events or circumstances that substantially disrupt production and that are out of the ordinary and out of the control of the employer, including earthquakes, floods, fires, national emergencies, force majeure, or periods of prolonged political instability. This definition does not include peak production periods, which can be planned for, or holidays or seasonal fluctuations.

Employees: All men and women directly employed or contracted by an employer, including executives, managers, supervisors, and workers.

Employer: A person or institution with the authority to sign contracts, including employment contracts, and to hire and dismiss persons in the workplace. Employers offer wages or a salary to workers in exchange for work or labor. Employers are responsible for implementing this Code in applicable facilities.

Employment Agency: Any person or entity, independent of the public authorities, that provides services for matching offers of and applications for employment and other services relating to job seeking, such as the provision of information, or that employs workers with a view to making them available to a third party.

Employment Decision: Includes hiring; termination; job security; job assignment; compensation; promotion; downgrading; transfer; vocational training; discipline; and assignment of work and conditions of work, including hours of work, rest periods, and occupational safety and health measures.

Employment Fees: All costs associated with the recruitment, compensation, training, and ongoing employment of a worker, which may include, but are not limited to: recruitment fees and related costs, as well as illegitimate costs, legal filing fees, registration fees, social security, training costs, health examination costs, and personal protective equipment costs.

Human Trafficking: Recruitment, transportation, harboring, or receipt of people for the purposes of slavery, forced labor (including bonded labor or debt bondage), or servitude.

Internationally Recognized Overtime Rate: The internationally recognized rate of pay for work beyond regular hours. ILO Convention 30, Hours of Work (Commerce and Offices) Convention, Article 7.4, establishes such rate at no less than one and one-quarter times the regular rate.

International Standards: Practices and requirements recommended by relevant international industry associations, health and safety organizations, or intergovernmental bodies, such as the ILO, OECD, UN, and international hazard communication standards.

Management: Person or persons appointed by the owners or directors of an applicable facility to supervise or manage its operations.

Piecework: A method of wage payment based solely on the number of units produced, or any work for which piece rates are paid.

Piece Rate: A predetermined amount paid per unit of output to workers executing piecework.

Precarious Employment: A work arrangement in which employment security, considered one of the principal elements of the labor contract, is lacking. This term encompasses temporary and fixed-term labor contracts, home workers, contract workers, and contingent workers.

Retrenchment: The permanent dismissal of an employee or employees in order to reduce the workforce.

Wage: Payment made for work performed.

Legal Requirements on Wages: All laws and regulations, national and local, concerning wages, including but not limited to: full and on-time payment of wages for regular and overtime work; provision of benefits, including paid holidays; payment of social security contributions; payment of legal taxes and deductions; and compliance with prohibitions on discrimination in wage setting and payment practices.

Minimum Wage: The minimum wage level established by national or local law for a regular worker.

Net Wage: When evaluating workers' compensation against internationally recognized living wage benchmarks, the worker's net wage includes the basic or contracted wage and benefits, minus mandatory taxes and legal deductions. Leave pay may be included when it is not already included in the basic or contracted wage. Incentive pay may be included when it is earned by all workers during the regular work week. Overtime pay and social security contributions are not included in the worker's net wage.

Prevailing Wage: The level of wage generally paid in the relevant country or region for work in the same sector and for comparable levels of responsibility and experience.

Worker: All non-management personnel working at an applicable facility.

Apprentice: A worker who is part of an official, legally recognized apprenticeship or vocational training program.

Contingent Worker: Also known as a casual worker. A person who works occasionally and intermittently, employed for a specific number of hours, days, or weeks.

Contract Worker: Labor supplied by a third-party employment agency.

Home Worker: A person who carries out work in their home or in other premises of their choice, other than the workplace of the employer, for a fixed wage or piece rate, resulting in a product or service as specified by the employer, irrespective of who provides the equipment, materials, or other inputs used. Tailgate Tikes LLC does not permit the use of home work or home workers in its supply chain, regardless of local law provisions.

Migrant Worker: A person who migrates or has migrated from one country to another — or, in some cases, between regions or provinces of a country — with the specific purpose of exercising an economic activity from which they will receive a wage.

Regular Worker: A person with a permanent, full-time position in the facility.

Special Category of Worker: Workers who are not permanent or not local, who are in a probationary role, who have special needs on a temporary or permanent basis (for example, pregnant, juvenile, or disabled workers), or who fall outside the formal workplace environment (for example, home workers).

Temporary Worker: A person with a labor contract of limited or unspecified duration with no guarantee of continuation.

Young Workers: Persons between the minimum working age and the age of 18.

Supplier Acknowledgment

Each supplier producing goods for Tailgate Tikes LLC is required to review this Code, communicate it to its workforce and approved subcontractors, and return a signed acknowledgment confirming its commitment to comply with the Code and these Compliance Benchmarks. Questions about this Code, and confidential reports of suspected violations, may be directed to Tailgate Tikes LLC through our Contact Us page.