TERMS AND CONDITIONS OF SERVICE

IMPORTANT: THIS IS A LEGALLY BINDING CONTRACT. READ CAREFULLY BEFORE PROCEEDING.

This Agreement constitutes a legally binding contract between you (“Client,” “Customer,” or “you”) and Holiday Lights Inc., a Florida corporation (“Company,” “we,” or “us”). By submitting payment for the deposit, Client acknowledges that Client has read, understood, and agrees to be legally bound by all terms and conditions contained herein.

1. SERVICE TYPES

A. Seasonal Holiday Lighting

  • PROFESSIONAL DESIGN CONSULTATION INCLUDED in contracted service package
  • COMPREHENSIVE MAINTENANCE SERVICE PROVIDED throughout display season with GUARANTEED RESPONSE WITHIN ONE (1) BUSINESS DAY of Client notification
  • COMPLETE REMOVAL AND SECURE STORAGE SERVICES INCLUDED in total contracted price

Seasonal Timeline

  • Installation Period: September 1st through December 24th
  • Display Season: October 1st through January 31st
  • Removal Period: COMPANY RESERVES THE RIGHT to begin removal as early as December 26th, with all removals completed by January 31st, UNLESS DELAYED BY SEVERE WEATHER, ACTS OF GOD, OR OTHER UNFORESEEN CONDITIONS WHICH COMPANY, IN ITS SOLE DISCRETION, DEEMS NECESSARY TO EXTEND REMOVAL PERIOD
  • NO CLIENT-REQUESTED SEASON EXTENSIONS are available beyond January 31st under any circumstances

B. Permanent Lighting Installation

  • Materials carry a ONE (1) YEAR MANUFACTURER WARRANTY covering product defects in materials and workmanship only
  • Installation carries a ONE (1) YEAR LABOR WARRANTY from date of completion
  • ONE (1) YEAR COMPLIMENTARY MAINTENANCE PLAN included from installation completion date
  • After the first year, all service calls are subject to a $30.00 minimum charge, which shall be deducted from the standard $50.00 per hour service rate
  • Warranty EXPRESSLY EXCLUDES damage caused by weather, acts of God, vandalism, or Client modifications
  • Warranty becomes NULL AND VOID if installation is modified by Client or any unauthorized party
  • WARRANTY COVERAGE COMMENCES ONLY UPON RECEIPT OF FINAL PAYMENT
  • Comprehensive control system training will be provided upon installation completion
  • Permanent modifications to Client’s property include, but are not limited to:
    • Permanently mounted hardware and fixtures
    • Drilled mounting holes in structure
    • Application of 3M permanent adhesive materials
  • CLIENT EXPRESSLY ACKNOWLEDGES that removal of permanent installation may result in damage to paint, stucco, siding, or other surface materials
  • Replacement sections available at material cost plus applicable labor charges after warranty expiration
  • All replacement parts must be purchased exclusively through Company at direct cost plus applicable labor
  • MINIMUM 48-HOUR NOTICE REQUIRED for all service calls, subject to Company availability
  • NO EMERGENCY OR AFTER-HOURS SERVICE is available under any circumstances
  • All service scheduling is subject to Company availability and cannot be guaranteed

2. PRICING STRUCTURE AND PAYMENT TERMS

A. Seasonal Holiday Lighting

  • All quoted pricing for seasonal installations includes materials, installation, maintenance during display season, removal, and storage
  • Custom pricing may apply based on installation complexity, property conditions, and accessibility
  • CLIENT ACKNOWLEDGES AND AGREES to the complete pricing structure at time of contract execution
  • Additional charges WILL APPLY for any custom requests, design modifications, or scope changes after contract execution
  • All pricing is final upon contract execution and not subject to negotiation or reduction

B. Permanent Lighting Installation

  • All quoted pricing for permanent installations includes materials, installation, first year maintenance plan, and control system training
  • Custom pricing may apply based on installation complexity, property conditions, and accessibility
  • CLIENT ACKNOWLEDGES AND AGREES to the complete pricing structure at time of contract execution
  • Additional charges WILL APPLY for any custom requests, design modifications, or scope changes after contract execution
  • All pricing is final upon contract execution and not subject to negotiation or reduction

3. MATERIAL OWNERSHIP AND CLIENT RESPONSIBILITIES

A. Seasonal Lighting Materials

  • ALL MATERIALS REMAIN THE EXCLUSIVE PROPERTY OF COMPANY in perpetuity
  • Client EXPRESSLY ACKNOWLEDGES that Client is leasing materials for the contracted season only
  • Client SHALL NOT modify, tamper with, relocate, or alter any component of the installation
  • Client SHALL NOT connect, add, or attach any additional decorations, extensions, or materials without express written authorization from Company
  • ANY UNAUTHORIZED MODIFICATIONS OR TAMPERING WILL IMMEDIATELY VOID ALL MAINTENANCE OBLIGATIONS
  • Any damage caused by unauthorized modifications, tampering, or misuse will result in CLIENT BEING LIABLE FOR FULL REPLACEMENT VALUE plus $100.00 ADMINISTRATIVE FEE
  • Client MUST IMMEDIATELY NOTIFY COMPANY of any damage, malfunction, or safety concerns
  • Company reserves the absolute right to remove materials immediately if any terms are violated

B. Permanent Lighting Materials

  • MATERIALS BECOME CLIENT PROPERTY ONLY AFTER FINAL PAYMENT IS RECEIVED
  • Warranty coverage is IMMEDIATELY VOID if Client or any unauthorized party modifies the installation
  • Client is SOLELY RESPONSIBLE for maintaining adequate property insurance coverage for installed materials
  • CLIENT EXPRESSLY ACKNOWLEDGES that permanent structural modifications to property are required and unavoidable
  • Future removal, if requested by Client, MAY LEAVE PERMANENT VISIBLE EVIDENCE of prior installation and CLIENT IS SOLELY RESPONSIBLE FOR ALL REMOVAL COSTS at Company’s current service rates

4. PAYMENT AUTHORIZATION AND PROCESSING

  • FIFTY PERCENT (50%) DEPOSIT REQUIRED to secure installation services and reserve scheduling
  • By providing payment information, CLIENT EXPRESSLY AUTHORIZES COMPANY TO:
    • Process the initial 50% deposit immediately upon submission
    • Securely store payment method information for future transactions
    • AUTOMATICALLY CHARGE THE REMAINING 50% BALANCE immediately upon installation completion
  • CLIENT IS SOLELY RESPONSIBLE for ensuring payment method remains valid and has sufficient available credit
  • If automatic final payment is declined, CLIENT MUST PROVIDE ALTERNATIVE PAYMENT WITHIN 24 HOURS
  • For permanent installations, WARRANTY COVERAGE BEGINS ONLY AFTER FINAL PAYMENT IS SUCCESSFULLY PROCESSED
  • Company reserves the absolute right to remove seasonal displays immediately if final payment is declined or invalid
  • ALL PAYMENT PROCESSING FEES ARE CLIENT’S RESPONSIBILITY

5. DEPOSIT AND REFUND POLICY

  • DEPOSIT IS FULLY REFUNDABLE ONLY UNTIL 72 HOURS BEFORE THE SCHEDULED INSTALLATION WEEK AS DESIGNATED BY COMPANY
  • Company will provide Client with a specific 7-day installation window communicated as a date range (e.g., “September 1-7”). The 72-hour cancellation deadline applies to the first day of the designated installation week.
  • COMPANY RESERVES THE RIGHT to shift the installation date to any day within the given date range at Company’s sole discretion and reschedule within that week as necessary
  • DEPOSIT BECOMES NON-REFUNDABLE THEREAFTER, except as explicitly approved by Company in writing
  • Deposit will be refunded only if Company determines that safety concerns prevent safe installation
  • ALL REFUNDS PROCESSED TO ORIGINAL PAYMENT METHOD ONLY
  • Refund processing may take 5-10 business days depending on financial institution

6. SERVICE AGREEMENT AND SPECIFICATIONS

  • Client acknowledges REVIEW AND WRITTEN APPROVAL of design mock-up prior to installation commencement
  • Installation includes appropriate grade materials specifically chosen for contracted service type
  • FINAL INSTALLATION WILL SUBSTANTIALLY MATCH APPROVED DESIGN MOCK-UP, with Client acknowledging that mock-up represents an approximate design concept
  • ANY MODIFICATIONS TO APPROVED DESIGN MAY INCUR ADDITIONAL CHARGES
  • Additional charges will be AUTOMATICALLY PROCESSED using stored payment method information
  • Client waives any right to dispute authorized additional charges for approved modifications

7. PROPERTY ACCESS, AUTHORIZATION, AND SAFETY

  • CLIENT GRANTS COMPANY REASONABLE ACCESS to property for installation, maintenance, and removal services AS DETERMINED BY COMPANY
  • CLIENT CONFIRMS AND WARRANTS that property conditions are suitable for requested installation type
  • CLIENT CONFIRMS AND WARRANTS legal property ownership or express written authorization for all modifications
  • COMPANY RESERVES THE ABSOLUTE RIGHT to decline installation if safety concerns are identified
  • CLIENT CONFIRMS AND WARRANTS that no HOA, municipal, or property association restrictions exist for requested installation type
  • CLIENT SHALL INDEMNIFY AND HOLD HARMLESS COMPANY from any violations of property restrictions not disclosed

8. WEATHER CONDITIONS AND FORCE MAJEURE

  • Installation may be rescheduled due to inclement weather or unsafe working conditions
  • Weather-related rescheduling WILL NOT AFFECT PRICING OR CONTRACT TERMS
  • COMPANY RESERVES THE RIGHT to delay, suspend, or reschedule installation during:
    • Hurricane warnings or watches
    • Tropical storm conditions
    • Lightning activity within 10-mile radius
    • Heat advisories or excessive temperature warnings
    • Any severe weather warnings or advisories
  • CLIENT ACKNOWLEDGES that Florida weather conditions may significantly impact installation timing
  • No compensation or price adjustment will be provided for weather-related delays or emergency actions

9. CONTROL SYSTEM TRAINING AND ONGOING SUPPORT (PERMANENT INSTALLATIONS)

  • Basic on-site control system training is provided upon permanent installation completion
  • ADDITIONAL TRAINING RESOURCES PROVIDED INCLUDE:
    • Complete product documentation
    • Instructional training videos
    • Detailed system operation manuals
    • Technical support documentation
  • Advanced system features and operations are covered comprehensively in provided resources
  • CLIENT IS SOLELY RESPONSIBLE for maintaining access to and operation of control system
  • Additional training sessions are available at standard service rates with 48-hour advance notice

10. LIMITATION OF LIABILITY AND INDEMNIFICATION

  • COMPANY IS NOT LIABLE for any pre-existing property conditions or damage
  • COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED the total amount paid by Client for services
  • For permanent installations, COMPANY IS NOT LIABLE for structural property modifications required for installation
  • COMPANY IS NOT RESPONSIBLE for HOA or property association violations if restrictions were not properly disclosed by Client
  • CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY from any claims, damages, losses, or expenses arising from:
    • Client’s breach of this Agreement
    • Misuse of Company services or materials
    • Failure to disclose property restrictions or conditions
    • Third-party claims related to property modifications

Definition of “Acts of God”

“Acts of God” are defined as natural events or disasters outside of human control, including but not limited to:

  • Lightning strikes and electrical surges
  • High winds exceeding 25 mph sustained
  • Hurricanes and tropical storms
  • Flooding and water damage
  • Extreme temperature events
  • Tree, branch, or debris damage
  • Hail, ice, or severe weather conditions
  • Earthquakes or ground movement

SUCH EVENTS ARE EXPRESSLY EXCLUDED from warranty coverage and standard maintenance obligations.

11. GOVERNING LAW AND DISPUTE RESOLUTION

  • THIS AGREEMENT SHALL BE GOVERNED EXCLUSIVELY by the laws of the State of Florida
  • ANY AND ALL DISPUTES arising from or relating to this Agreement SHALL BE RESOLVED THROUGH BINDING ARBITRATION in Duval County, Florida
  • Arbitration shall be conducted under the rules of the Florida Arbitration Code
  • BOTH PARTIES EXPRESSLY WAIVE ANY RIGHT TO JURY TRIAL
  • THE PREVAILING PARTY SHALL RECOVER reasonable attorneys’ fees, costs, and expenses, including fees incurred in arbitration and any appeals
  • Any judgment on the arbitration award may be entered in any court having jurisdiction

12. ENTIRE AGREEMENT AND MODIFICATIONS

  • THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT between the parties and supersedes all prior negotiations, representations, understandings, or agreements relating to the subject matter, whether written or oral
  • THIS AGREEMENT MAY ONLY BE MODIFIED by a written document signed by both parties
  • NO VERBAL MODIFICATIONS ARE BINDING under any circumstances
  • Company representatives are not authorized to modify this Agreement verbally

13. PAYMENT DISPUTES AND COLLECTIONS

  • CLIENT AGREES TO CONTACT COMPANY DIRECTLY regarding any payment disputes before initiating chargebacks or payment reversals
  • UNAUTHORIZED CHARGEBACKS MAY RESULT IN IMMEDIATE SERVICE TERMINATION and initiation of collections proceedings
  • CLIENT IS RESPONSIBLE FOR ALL FEES associated with payment disputes, chargebacks, or collections activities
  • IN THE EVENT OF LITIGATION arising from or related to this Agreement, the prevailing party shall recover all reasonable attorneys’ fees and costs

14. SCHEDULING, CANCELLATIONS, AND SERVICE REQUIREMENTS

A. Seasonal Holiday Lighting

  • Company is obligated to respond to maintenance requests within one (1) business day of Client notification
  • Client may request preferred removal timing during the designated removal period, however COMPANY RESERVES THE RIGHT to remove lights at any time during the removal period at Company’s sole discretion
  • No cancellation fees apply to seasonal lighting services

B. Permanent Lighting Installation

  • 48-HOUR ADVANCE NOTICE REQUIRED to schedule or reschedule any maintenance service calls
  • 24-HOUR ADVANCE NOTICE REQUIRED to cancel or reschedule any maintenance service without penalty
  • CANCELLATIONS WITH LESS THAN 24-HOUR NOTICE are subject to $50.00 CANCELLATION FEE
  • NO-SHOW FEE EQUAL TO FULL SERVICE CHARGE applies if Client is unavailable during scheduled service window
  • Service windows are scheduled within normal business day hours
  • COMPANY RESERVES THE RIGHT to reschedule due to weather, safety concerns, or operational requirements
  • REPEAT SCHEDULING FAILURES MAY RESULT IN SERVICE TERMINATION without refund

15. SEVERABILITY AND ENFORCEABILITY

  • IF ANY PROVISION of this Agreement is held invalid or unenforceable, THE REMAINING PROVISIONS SHALL CONTINUE to be valid and enforceable to the fullest extent permitted by law
  • Invalid provisions shall be replaced by valid provisions that most closely fulfill the commercial purpose of this Agreement
  • The invalidity of any provision shall not affect the validity or enforceability of any other provision

16. WAIVER

  • NO WAIVER OF ANY PROVISION shall constitute a waiver of any other provision
  • A PARTY’S FAILURE TO ENFORCE ANY PROVISION shall not constitute a waiver of that party’s right to enforce such provision in the future
  • All waivers must be in writing and signed by both parties

17. ELECTRONIC SIGNATURES AND RECORDS

  • ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS shall have the same legal force and effect as handwritten signatures and paper records under the Electronic Signatures in Global and National Commerce Act and applicable state law
  • Client consents to the use of electronic records and signatures for all purposes related to this Agreement

18. FINAL ACKNOWLEDGMENT AND ACCEPTANCE

BY SUBMITTING PAYMENT INFORMATION, CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES TO:

  • COMPLETE REVIEW AND UNCONDITIONAL ACCEPTANCE of all terms and conditions contained herein
  • EXPRESS AUTHORIZATION for automatic payment processing as described herein
  • AGREEMENT TO TOTAL PRICE and complete service package as quoted
  • FINAL APPROVAL of design mock-up as the definitive installation plan
  • UNDERSTANDING AND CONSENT that payment method information will be securely stored and automatically processed upon service completion
  • For permanent installations, FULL ACCEPTANCE AND ACKNOWLEDGMENT of all necessary structural property modifications
  • ACKNOWLEDGMENT that this Agreement is legally binding and enforceable

CLIENT CONFIRMS HAVING READ AND UNDERSTOOD ALL TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND HEREBY.

Last Updated: August 23, 2025

Holiday Lights Inc.
Florida Corporation
Phone: 904-506-7677
Website: getholidaylights.com

This document constitutes the complete Terms and Conditions of Service. No other terms, conditions, or representations apply unless expressly agreed to in writing by both parties.