Holiday Lighting Service Agreement – 2025
Update Provided By:

ALL SEASON PROPERTY SERVICE

2206 North Main Street, Unit 227, Wheaton, IL 60187

Updated Effective Date: August 11, 2025 

Version: 1.6 (Website Terms)

Online Posting; Incorporation by Reference This Agreement is posted on the Company’s website (the Online Terms). The Online Terms are incorporated by reference into each Service Quote and govern all Services. By electronically approving a Service Quote, scheduling Services, or paying any invoice referencing the Online Terms, the Client affirms it has been provided a conspicuous hyperlink to the Online Terms, had a reasonable opportunity to review them, and agrees to be bound by them.

1. Definitions 1.1. Services: All installation, maintenance, repair, and uninstallation services described in the Service Quote. 1.2. Company Materials: Lighting fixtures, cables, connectors, timers, bulbs/fuses, and related supplies provided and installed by the Company. 1.3. Client Materials: Lighting, décor, or supplies provided by the Client. 1.4. Service Season: The period commencing on the installation date and ending on the uninstallation date in the same calendar season. 1.5. Industry Standards: Commercially reasonable practices consistent with the National Association of Landscape Professionals (NALP) Holiday Lighting Safety Guidelines, UL installation requirements, and applicable OSHA ladder safety regulations.
2. Scope of Services The Company shall perform the Services described in the Service Quote in a professional manner and in accordance with industry standards, including: site assessment and design consultation; installation of Company Materials and Client-approved décor; in-season maintenance including two (2) complimentary non-warranty service calls; and uninstallation and removal of all Company Materials. The Company shall perform the Services in accordance with Industry Standards (see Section 1.5). The Company will use UL-listed components where applicable and will follow manufacturer installation and operating guidelines to the extent compatible with site conditions and the Service Quote.
3. Fees, Payment Terms and Remedies 3.1. Fees: The Client shall pay the fees specified in the Service Quote. 3.2. Deposit: A non-refundable deposit equal to fifty percent (50%) of the total fees is due upon execution of this Agreement. The parties acknowledge and agree that this deposit is earned upon receipt and represents a reasonable pre-estimate of the Company’s actual mobilization, scheduling, administrative, procurement, and allocation costs that will be incurred immediately upon contract execution, including staff and subcontractor commitments, blocking of seasonal installation windows, and purchase of project-specific materials. This amount is not a penalty but is intended to reasonably compensate the Company for costs and losses that would result from cancellation. Notwithstanding the foregoing, if the Client exercises any statutory right to cancel under Section 45 (Home Solicitation Rescission) or other non-waivable law, the deposit shall be refunded in accordance with applicable law. 3.3. Balance Payment: The remaining balance is due prior to installation. 3.4. Additional Work: Non-warranty service calls, custom design changes, and add-on services will be invoiced monthly and payable within fifteen (15) days of the invoice date. 3.5. Annual Price Adjustment: The Company may increase service fees by 2.5% annually for multi-year agreements; fees for non-contracted services may increase by up to 5%. 3.6. Late Payments, Interest and Mechanic’s Lien

• • Payment Due Date: All undisputed invoices are due within fifteen (15) days of the invoice date.
  • Partial Payments: Accepted at any time and applied first to accrued interest, then to late fees, then to principal. Acceptance of partial payments does not waive the Company’s right to charge interest or assess late fees on any remaining balance.
  • Interest: Overdue balances accrue simple interest at 12% per annum, calculated daily from the day after the due date until paid in full.
  • Late Payment Fee: On the first day delinquent, a fee equal to the greater of US $50 or 3% of the outstanding balance applies.
  • Mechanic’s Lien Rights and Compliance: If any balance remains unpaid thirty (30) days after the due date, the Company may issue a written Notice of Intent to File Mechanic’s Lien, providing at least fifteen (15) days to cure. If not cured, the Company may file a mechanic’s lien under 770 ILCS 60/1 et seq. The Client agrees to promptly execute and return documents reasonably necessary to preserve and enforce lien rights, including any Illinois Contractor’s Sworn Statement and statutory owner statements of persons furnishing labor or materials. The Client is responsible for all reasonable lien-enforcement costs, including attorneys’ fees, certified mail, recording, and release fees. Required notices may be delivered by certified mail (return receipt requested), recognized courier, or personal delivery. Nothing in this paragraph waives any other legal or equitable remedies.
  • Collection Costs: The Client shall reimburse the Company for all collection expenses, including reasonable attorneys’ fees and agency fees.
  • Payment Application: Payments are applied in the following order: (i) accrued interest; (ii) late fees; (iii) lien costs; (iv) principal. The Company may reasonably re-apply any payment if misapplied in error.
  • Liquidated Damages Acknowledgment: The parties agree the late fee represents a reasonable pre-estimate of the Company’s administrative, financing, and opportunity costs arising from delinquency, and is not a penalty. 3.7. Right of Entry and Material Recovery: If any undisputed balance remains unpaid after the applicable cure period, the Client grants the Company a limited, irrevocable license to enter exterior portions of the property between 8:00 a.m. and 7:00 p.m. local time, upon at least twenty-four (24) hours’ written (email or text) notice to the Client’s last-provided contact information, for the sole purpose of retrieving Company-owned materials. Such entry shall be conducted without use of force and without breach of the peace in accordance with 810 ILCS 5/9-503, and the Company shall not enter interior spaces. The Client shall provide reasonable access, including opening gates or providing codes. The Company may uninstall and leave any Client-owned materials on site. Nothing herein authorizes entry in violation of a court order; the Company may elect judicial remedies instead. The Client remains responsible for all unpaid balances and reasonable removal or storage costs. This section supplements and does not limit the Company’s lien rights. 3.8. Suspension of Work, Refusal to Install, and Termination for Nonpayment: If the Client fails to pay as required, the Company may immediately suspend performance, refuse to commence installation, and/or halt further work. Timely payment is a condition precedent to any Services. During suspension, all dates and timeframes under Section 13 are tolled and will be rescheduled at the Company’s discretion based on availability and seasonal workload, as adjusted by Section 10 and Section 7. Client-caused delays do not trigger Section 13.4 (Make-Good). Interest, late fees, and collection costs continue to accrue per Section 3.6. The Company may assess reasonable remobilization, storage, and handling charges. Discounts or quoted dates are voided upon suspension; rescheduled work is subject to then-current pricing, lead times, and availability. The Company is not liable for delay, loss of use, or consequential damages arising from suspension or refusal to install due to Client nonpayment. If the Client fails to cure within the applicable period, the Company may terminate for cause and pursue remedies, including mechanics’ lien rights (Section 3.6) and removal of Company Materials (Section 3.7). The Company will provide at least twenty-four (24) hours’ notice by email or text before suspension, except the Company may suspend immediately if the deposit is not received when due or if a payment is declined or reversed. Acceptance of any partial payment does not waive rights or remedies for remaining balances. 3.9. Company Modification and Termination for Business Necessity and Convenience: In the Company’s reasonable discretion, acting in good faith, if continued performance has become impracticable, commercially unreasonable, or inconsistent with the Company’s business operations due to one or more of the following—material increases in costs of labor, materials, insurance, fuel, or compliance; reductions in labor availability or qualified staffing; changes in insurance availability, limits, classifications, or premiums; changes to the Company’s geographic service coverage or service offerings; supply-chain disruptions, vendor constraints, or unavailability of comparable products; access limitations, unsafe conditions, or hazards at the site; legal, regulatory, or permit/HOA constraints; or any other legitimate business reason—the Company may modify or terminate this Agreement. The Company may first issue a proposed Change Order (Section 19) adjusting scope, schedule, and/or price. If the Client does not accept within five (5) business days (or a shorter time reasonably required by seasonal scheduling), the Company may terminate by written notice stating the effective date (which may be immediate if performance is no longer practicable). The Client shall pay for Services actually performed through termination; Company Materials and third-party costs procured or non-cancelable; and reasonable demobilization, storage/handling, and administrative close-out costs. The Company will use commercially reasonable efforts to mitigate non-cancelable third-party charges. The Company shall refund any prepaid amounts for Services not performed (net of the foregoing). Such refund is the Client’s exclusive remedy for termination under this Section, subject to Sections 9.1 and 9.3. The Company is not liable for incidental, consequential, special, exemplary, or punitive damages arising from modification or termination. Upon termination, the Company may remove Company Materials per Sections 3.7 and 4.5. Termination does not waive mechanics’ lien rights or other remedies. Where termination overlaps with Force Majeure (Section 10), the Company may proceed under either section in its discretion.

1. Materials and Supplies Warranty The Company warrants Company Materials against defects for three (3) Service Seasons from the original installation under a 100% Performance Guarantee. Coverage excludes Client Materials and damage resulting from misuse, alteration, accident, neglect, or third-party work. After the warranty term, the Client is responsible for all repair and replacement costs for Company Materials. 4.5. Company Property; Title, Use Restrictions, and Risk Allocation

• • Ownership and Title: All lighting, décor, cabling, clips, timers/controllers, power supplies, stakes, fasteners, and related items furnished by the Company in connection with the Services (Company Property) are owned exclusively by the Company. No sale, lease-to-own, or transfer of title is made or implied unless expressly agreed in a separate written instrument signed by an authorized Company representative.
  • No Transfer or Relocation: Client shall not sell, release, loan, sublet, pledge, encumber, assign, or transfer Company Property, and shall not relocate Company Property from the contracted service address to any other location, person, or business without prior written approval from the Company. Verbal approvals are invalid and will not be honored.
  • Care; No Tampering: Client shall exercise ordinary care to safeguard Company Property; no alteration, disassembly, repair, or integration with third-party equipment is permitted without the Company’s written approval. Client shall restrict access that could result in misuse, abuse, or exploitation of Company Property.
  • Loss/Damage Responsibility: Except to the extent directly and proximately caused by the Company’s negligence, the Client is responsible for Company Property that is damaged, stolen, lost, misused, abused, or exploited, including damage caused by humans or animals. Weather-related impacts will be assessed case-by-case based on proximate cause and subject to Sections 6.5, 9.1, and 9.3.
  • Notice; Cooperation: Client shall notify the Company within twenty-four (24) hours of any loss or damage and, in events of theft or vandalism, shall file a police report and cooperate in documentation and recovery.
  • Costs; Payment: Client shall reimburse the Company for the repair or replacement of Company Property (at the Company’s then-current cost) plus reasonable labor and mobilization, payable pursuant to Section 3.6.
  • Inspection; Retrieval: The Company may, upon reasonable notice, access exterior portions of the property to inspect, service, or retrieve Company Property consistent with Sections 3.7 and 13 and applicable law.
  • No Security Interest Granted: Client shall not grant or permit any lien or security interest in Company Property. Any attempted transfer or encumbrance is void.
  • Remedies: The Company’s remedies include suspension of Services (Section 3.8), repossession (Section 3.7), mechanics’ lien rights (Section 3.6), and equitable relief (Section 40), in addition to all other remedies available at law or in equity.

1. Labor Performance Guarantee All labor and workmanship are guaranteed for the duration of the Service Season. The Company will promptly correct workmanship deficiencies at no additional labor cost. If issues remain unresolved, the Company may offer a pro-rated refund of service fees and remove Company Materials. This guarantee excludes damage resulting from weather, force majeure, misuse, or third-party alterations.
2. Service Call Policy 6.1. Warranty Service Calls: Covered under Sections 4 and 5, with no charge for labor or materials. 6.2. Non-Warranty Service Calls: Billed at $150 per hour in 15-minute increments ($37.50 per increment), plus material costs, for issues such as animal damage, Client modifications, or third-party interference. 6.3. Complimentary Visits: Two (2) free non-warranty visits between installation and December 23; materials remain chargeable. 6.4. Holiday Blackout: No service calls on Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, except for imminent life-safety or fire hazards. For purposes of this Section, life-safety includes exposed live conductors, active sparking, or structural failure posing an imminent risk of injury or fire. 6.5. Property Damage and Repair: The Company will repair or replace property damage or Client-Owned Materials damage caused solely by the Company’s proven negligence. The Company’s liability is capped at the lesser of the actual repair cost or the total fees paid and applies only to damage directly and proximately caused by the Company’s negligence. No liability shall arise for damage resulting in whole or in part from weather, pre-existing defects, latent conditions, age-related degradation, manufacturer defects, recalls, or acts or omissions of third parties. The Company will assess the damage, prepare a written repair plan with cost estimates and a timeline, and engage qualified providers, subject to the Client’s reasonable approval. Any repairs completed by unapproved third parties are at the Client’s expense and release the Company from liability. The Client must report any damage in writing within two (2) days of discovery.
3. Uninstallation Schedule and Conditions Standard uninstallation follows the timeline in Section 13.2 and the weather-dependent standards in Section 10. Priority uninstallation services are available for an additional fee. If installations become frozen, removal may be delayed until conditions permit safe removal; a signed damage waiver may be required.
4. Client Responsibilities The Client shall provide unobstructed access, electrical power, and a safe work area; promptly report any concerns; and refrain from unauthorized modifications to Company Materials.
5. Limitation of Liability and Indemnification 9.1. Limitation of Liability: The Company’s total liability under this Agreement is capped at the total fees actually paid by the Client for the Services giving rise to the claim, and the Parties agree that any and all claims arising from or related to the Services, whether sounding in contract, tort, or otherwise, are subject to the limitations set forth in this Section. No independent duty of care exists outside this Agreement except as required by law. This cap shall not apply to: (i) bodily injury or tangible property damage caused by the Company’s gross negligence or willful misconduct; (ii) the Client’s payment obligations; or (iii) the Company’s express indemnity obligations herein. 9.2. Indemnification: The Client indemnifies the Company against third-party claims resulting from the Client’s negligence or breach; the Company indemnifies the Client for third-party claims arising from the Company’s gross negligence or willful misconduct. 9.3. Exclusion of Damages: In no event shall the Company be liable for incidental, consequential, special, exemplary, or punitive damages, including lost profits, loss of use, or business interruption, even if advised of the possibility of such damages.
6. Force Majeure Neither party shall be liable for delays or failures caused by events beyond reasonable control, including acts of God, severe weather, strikes, material shortages, labor disputes, or government actions. Excused delays shall not exceed thirty (30) days, after which either party may terminate or seek equitable relief.
7. Governing Law and Venue This Agreement is governed by the laws of Illinois. Any disputes shall be resolved exclusively in the state or federal courts located in DuPage County, Illinois, and each party waives any right to a jury trial. Each party knowingly and voluntarily waives any right to a jury trial.
8. Alternative Dispute Resolution 12.1. Mediation: The parties shall first attempt to resolve disputes through non-binding mediation in DuPage County, Illinois. Parties shall participate in good faith and complete mediation within thirty (30) days of a written mediation request. 12.2. Arbitration: Any dispute not resolved through mediation shall be submitted to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in DuPage County, Illinois. 12.3. Delegation; Small-Claims Carve-Out: The arbitrator shall decide issues of arbitrability and enforceability to the fullest extent permitted by law. Either party may bring an individual claim in DuPage County small-claims court instead of arbitration. 12.4. Electronic Acknowledgment of Dispute Resolution Provisions: The parties understand and agree that this Section 12 (arbitration) and the jury-trial waiver in Section 11 are material provisions of this Agreement. By electronically accepting the Service Quote or scheduling Services through the Company’s online process, the Client confirms it has read and agrees to these provisions and had the opportunity to seek legal counsel before acceptance. The Company’s records of such acceptance (including timestamps, IP address, device or user identifier, and acceptance event logs) shall constitute the Client’s acknowledgment.
9. Service Timeline 13.1. Installation Period: The Company shall commence installation between September 1 and December 23 of each calendar year, as adjusted by Sections 10 and 7. The Company will use commercially reasonable efforts to provide at least one (1) business day’s advance notice, with scheduling flexibility for weather and logistics. 13.2. Removal Period: The Company shall commence removal no earlier than January 2 of each calendar year and complete removal at the Company’s discretion subject to Section 7’s weather-dependent standards. The Company will endeavor to notify the Client one (1) business day before removal but may reschedule as needed without penalty. The Company shall exercise commercially reasonable good faith in scheduling and completing removal, and delays caused by weather, safety concerns, or logistics shall not constitute a breach. 13.3. Force Majeure (Installation and Removal): All scheduling delays during the Installation or Removal Period caused by Force Majeure Events are governed exclusively by Section 10, and the Client waives any claim for delay-related damages. 13.4. Make-Good (Scheduling Only): If installation or removal is not completed within the applicable period for reasons other than Force Majeure, the Company will notify the Client and complete the outstanding work within ten (10) business days at no additional labor cost; materials charges apply only if expressly agreed. This scheduling guarantee does not affect workmanship or service-call guarantees.
10. Entire Agreement This document and the Service Quote constitute the entire agreement between the parties and supersede all prior understandings.
11. Electronic Signatures and Records Electronic signatures and records (emails, PDFs, webform acceptances, and click-through acknowledgments) have the same force and effect as original signatures under the U.S. E-Sign Act and Illinois law. The Client agrees that the Company’s commercially reasonable electronic records are admissible to prove formation and acceptance.
12. Notices All notices must be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized courier. Notices are deemed received upon hand delivery, three (3) days after mailing, or one (1) day after electronic transmission with confirmation. The Client consents to electronic delivery at the email or phone number on the Service Quote; read receipts or delivery confirmations constitute confirmation. Posting updates to the Online Terms constitutes general notice of updated terms under Section 62.
13. Insurance and Licensing The Company is duly licensed in the State of Illinois. The Company does not represent or warrant that it maintains general liability or workers’ compensation insurance. The Client is solely responsible for maintaining homeowner’s or renter’s insurance adequate to cover property damage and personal injury during the Service Season.
14. Subcontractors The Company may engage independent contractors and vendors to perform any portion of the Services. Subcontractors are independent contractors and not employees, agents, or partners of the Company. The Company shall exercise commercially reasonable care in selection and coordination but shall not be vicariously liable for a subcontractor’s independent negligence beyond the Company’s express obligations under this Agreement. The Company shall require subcontractors to maintain commercially reasonable insurance for their operations and, where practicable, to name the Company as an additional insured. Nothing herein expands the Company’s liability beyond Sections 6.5, 9.1, and 9.3.
15. Change Orders Any modification to scope, deliverables, schedule, or fees must be documented in a written Change Order signed by both parties. Signatures may be electronic; written approvals by email are binding Change Orders.
16. Assignment Neither party may assign its rights or delegate its obligations under this Agreement without the other party’s prior written consent, which shall not be unreasonably withheld.
17. Waiver of Subrogation Client and Company each waive their subrogation rights to the extent permitted by property and liability insurance policies.
18. Headings and Interpretation Headings are for convenience only and shall not affect interpretation. Including means including without limitation, and shall is mandatory.
19. Time Is of the Essence Time is of the essence with respect to all deadlines and performance dates under this Agreement.
20. Permits and Approvals Client is responsible for obtaining any required permits, approvals, or inspections unless otherwise specified in the Service Quote. The Client shall indemnify and hold the Company harmless from fines, re-work, removal costs, or claims arising from the Client’s failure to obtain or comply with required permits or approvals.
21. Site Conditions and Client Site Preparation Client shall ensure work areas are free of hazards, debris, and obstructions, and shall disclose any latent site conditions, such as underground utilities or environmental hazards. The Client warrants that disclosed site conditions are accurate and that work areas are safe and structurally sound (including gutters, shingles, fascia, and anchoring points), and shall indemnify the Company for losses arising from undisclosed or inaccurate site condition disclosures.
22. Client Representations and Warranties Client represents it has full authority to enter into this Agreement, grant access and lien rights, and confirms no third-party liens or encumbrances interfere with Company’s performance.
23. Cancellation and Rescheduling Policy Client must cancel or reschedule at least forty-eight (48) hours before a scheduled service. Cancellations after the deadline forfeit the deposit, and rescheduling within forty-eight (48) hours may incur mobilization fees.
24. No Implied Warranties; Disclaimer Except as expressly set forth herein, Company disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. The Parties agree that the Services provided are predominantly services and not the sale of goods; to the extent any goods are sold to the Client, all implied warranties under the Illinois Uniform Commercial Code are disclaimed to the maximum extent permitted by law. Nothing in this Agreement creates, revives, extends, or enlarges any warranty that may have applied to any goods previously sold to the Client; any such warranty was limited to the written terms (if any) provided at the time of sale. Client’s remedies are limited to those expressly provided in this Agreement.
25. Confidentiality Client shall keep confidential all proprietary designs, pricing structures, and trade secrets disclosed by Company, disclosing only to advisors under duties of confidentiality.
26. No Solicitation of Employees For the term of this Agreement and twelve (12) months thereafter, Client shall not directly or indirectly solicit or hire any Company employee or contractor.
27. Amendments and Waiver This Agreement may only be modified by a written document signed by both parties. Failure to enforce any provision does not constitute a waiver of that provision.
28. Severability If any provision is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
29. Counterparts This Agreement may be executed in multiple counterparts, each of which is deemed an original but all of which together constitute one agreement.
30. Claim Notice and Time Bar Client must submit any claim or dispute in writing within thirty (30) days of the event giving rise to the claim. Any action must be filed within twelve (12) months of claim accrual. This limitation applies to the maximum extent permitted by law and does not modify statutory deadlines applicable to mechanics’ lien rights or claims that cannot legally be shortened.
31. Mediation Pre-Condition Before filing suit or arbitration, parties shall participate in non-binding mediation in DuPage County, Illinois.
32. Attorney’s Fees and Costs The prevailing party in any dispute arising out of this Agreement is entitled to recover reasonable attorneys’ fees, court costs, mediator fees, and AAA/arbitrator fees and costs, in any mediation, arbitration, or court action.
33. Waiver of Class Action Client waives any right to participate in a class, collective, or representative action against Company.
34. Statute of Limitations Shortener Any lawsuit relating to this Agreement must be commenced within twelve (12) months after the cause of action accrues. This limitation applies to the maximum extent permitted by law and does not modify statutory deadlines applicable to mechanics’ lien rights or claims that cannot legally be shortened.
35. No Reliance on Marketing Client acknowledges that all marketing materials, estimates, and presentations are non-binding and that only the terms of this Agreement govern.
36. Equitable Relief Company is entitled to seek injunctive or other equitable relief without posting bond or security.
37. No Set-Off; Waiver of Counterclaims The Client shall pay all amounts due in full, without deduction, set-off, recoupment, or withholding of any kind, except as required by law. Client may not withhold or offset payments due under this Agreement by asserting any claim or defense. Counterclaims must be pursued separately.
38. State and Local Compliance Company shall perform Services in compliance with all applicable federal, state, and local laws, codes, ordinances, and regulations.
39. Electronic Counterparts Electronic copies of this Agreement are deemed originals and may be used for all purposes.
40. Entire Document Confidentiality Client shall not disclose the terms or existence of this Agreement to third parties, except under legal compulsion or to advisors under confidentiality obligations. Nothing in this Section restricts the Client’s ability to publish truthful, non-confidential reviews of the Services or to communicate with government authorities, consistent with applicable law.
41. Home Solicitation Rescission If this Agreement was solicited at the Client’s residence and relates to goods or services primarily for personal, family, or household use, the Client may cancel this transaction without penalty by delivering written notice to the Company at its business address by midnight of the third business day after the date of execution. The Company shall refund all payments within ten (10) business days after receiving a timely notice, less any amounts allowed by law. The following statement shall appear in capital letters and in close proximity to the Client’s acceptance of the order or Service Quote when applicable: YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. The Company will provide a detachable Notice of Cancellation form with each in-home solicitation when applicable.
42. Survival Provisions regarding fees, liens, repossession, warranties, indemnification, confidentiality, and dispute resolution survive termination or expiration of this Agreement.
43. Permitted Uses Company may photograph or video Service sites for marketing unless Client opts out in writing. The Company will not publish the Client’s street address, license plates, or identifiable faces without masking or prior written consent.
44. Permits and HOA Approvals Client is responsible for obtaining any homeowners’ association or municipal approvals unless specified otherwise. The Client shall indemnify and hold the Company harmless from fines, re-work, removal costs, or claims arising from the Client’s failure to obtain or comply with required approvals.
45. Change in Law If changes in law materially impact Services, parties shall negotiate in good faith to adjust terms or fees.
46. Reliability of Weather Data The Company will make good-faith scheduling determinations using reputable weather services; such determinations are presumptively correct for scheduling purposes absent clear contrary evidence.
47. Force Majeure Extension If a Force Majeure Event under Section 10 extends beyond thirty (30) days, Company may suspend Services until conditions normalize.
48. Assumption of Risk; Surface Wear Acknowledgment Client acknowledges that holiday lighting installation involves working at heights, use of electrical components, ladders, roof/gutter interface, and other inherent risks. Client accepts such risks and agrees that minor, non-structural wear (including clip marks, minor fastener impressions, or temporary surface discoloration) may occur despite commercially reasonable care. Illinois winter conditions, including snow, ice, freezing rain, and extreme cold, may cause delays, increased hazards, and incidental surface effects, even when the Company exercises commercially reasonable care. The Client assumes the risk of such seasonal hazards and releases the Company from liability for weather-related delays or ordinary wear and tear caused by winter conditions, except to the extent directly and proximately caused by the Company’s gross negligence or willful misconduct. This assumption of risk is in addition to, and does not limit, the liability limitations in Sections 6.5, 9.1, and 9.3.
49. Insurance Acknowledgment; No Reliance The Client acknowledges and agrees that the Company does not act as an insurer of the Client’s property or operations and that the Client has not relied on any representation of insurance coverage beyond what is expressly stated in Section 17. The Client is solely responsible for maintaining homeowner’s or business insurance sufficient to cover property damage and personal injury during the Service Season.
50. Means and Methods; Penetrations and Anchors Subject to applicable law and this Agreement, the Company retains discretion over the means, methods, sequences, techniques, tools, and materials used to perform the Services, and will do so consistent with Industry Standards (Section 1.5). Client provides informed consent for the Company to make reasonable penetrations (including drilling holes) and to install temporary or permanent anchors, screws, bolts, pins, wiring guides, cable clips, fasteners, and related hardware reasonably required or beneficial to secure lighting and décor and achieve the agreed aesthetic. Penetrations and anchors may be placed in wood fascia/soffit, trim, mortar joints, masonry, concrete, stucco, and other suitable substrates, but not in structural members or roof waterproofing membranes where doing so would compromise structural integrity or weatherproofing, unless specifically approved in writing by the Company and the Client and permitted by applicable codes and HOA/permit approvals (Section 48). Unless otherwise stated in a signed Change Order, the Company will seal exterior penetrations with commercially reasonable sealant at removal. Restoration is governed by Section 59 and Section 6.5; the Company does not warrant finish-matching or invisible repairs. Optional consent checklist for execution-ready forms: Client acknowledges and authorizes penetrations/anchors; adhesives/tapes; declines low-impact alternatives; declines cable ramps/guards.
51. Removal of Existing or Abandoned Hardware Client authorizes the Company, in its discretion, to remove, relocate, or replace pre-existing or abandoned lighting hardware, fasteners, clips, anchors, wiring, or other items left by Client or third parties where such items interfere with safety or the work. The Company will dispose of such items unless Client requests return in writing before removal. The Company is not responsible for re-installing previous systems or restoring areas beyond Section 59, and is not liable for damage attributable to pre-existing conditions or third-party work (see Sections 6.5, 9.1). The Company may document conditions with photographs or video per Section 60.
52. Attachment Materials; Adhesives; Surface Wear and Residue The Company may use zip ties, hot glue, binder clips, lighting clips, ground stakes, rope/cord, specialty clips, adhesives, tapes, and comparable attachment materials. Client acknowledges that minor surface wear, impressions, residue, or discoloration may occur and may accumulate over successive seasons, even where the Company uses commercially reasonable care. To the maximum extent permitted by law, the Company disclaims liability for such ordinary wear and residue, which are inherent in decorative installations, and the Parties agree such effects do not constitute property damage under Sections 6.5, 9.1, and 9.3, except to the extent directly and proximately caused by the Company’s gross negligence or willful misconduct. On Client’s written request, the Company will propose low-impact attachment alternatives (if feasible) at additional cost and with potential aesthetic or performance trade-offs. This Section supplements the assumption of risk in Section 52.
53. Ground Wiring; Trip Hazards; Client Duties and Indemnity Client acknowledges that low-voltage or line-voltage extension cords, leads, or ground wiring may cross lawns, beds, walkways, or work areas and may create trip hazards for persons on the property, including Client’s family and guests, invitees, service providers (for example, landscapers and lawn care providers), delivery personnel, and trespassers. (a) Client Duties. Client shall warn all invitees and service providers of cabling/wiring paths; keep areas reasonably clear of toys, tools, and obstructions; coordinate schedules with other vendors to minimize conflicts; and maintain lighting/cord covers or signage where reasonable. The Company can provide cable ramps, guards, or signage at Client’s request and expense; if the Client declines in writing, the Client assumes the risk addressed below. (b) Allocation of Risk. To the fullest extent permitted by law, Client assumes the risk of third-party trip claims arising out of ground-level cabling on Client’s premises, except to the extent caused by the Company’s gross negligence or willful misconduct. (c) Indemnity. To the fullest extent permitted by law, Client shall defend, indemnify, and hold harmless the Company and its personnel from third-party claims for bodily injury or property damage arising out of Client’s failure to perform duties in subsection (a), pre-existing hazards or site conditions (Section 25), or interference by other trades, except to the extent caused by the Company’s gross negligence or willful misconduct. This Section does not enlarge the Company’s liability beyond Sections 6.5, 9.1, and 9.3 and is subject to any non-waivable limits under Illinois law.
54. Sensitive Surface Exclusions; Client Opt-Out; Safety Limits The following surfaces are excluded from penetrations and adhesive attachment unless specifically approved in writing by the Company: slate or clay tile roofing, copper or specialty metal roofing, EPDM/TPO or other roof waterproofing membranes, EIFS/DEFS systems, historic masonry, specialty coatings/finishes, live trees, and glass. Client may prohibit additional specific surfaces by listing them in writing before installation; if not listed, Client is deemed to have approved reasonable penetrations/attachments consistent with this Agreement and Section 1.5. If exclusions limit feasibility or safety, the Company may propose an alternate method or Change Order (Section 19) or may decline the work (Sections 3.8, 3.9). All work remains subject to HOA/permit requirements (Section 48).
55. Restoration Standard; Paint/Finish Matching Examples Upon removal, the Company will perform a commercially reasonable cosmetic restoration of penetrations, for example, exterior-grade sealant of similar color where available; removal of accessible adhesive residue; and light cleaning of reachable surfaces. The Company has no obligation to perform paint or finish matching, stucco or masonry color matching, or concealed structural repairs, and makes no warranty that surfaces will be left unmarked or indistinguishable. If Client requests higher-level restoration, the Company may provide or subcontract such work as a separately billed service under a Change Order. Examples of excluded finish matching include custom paint blending, mortar color or aggregate matching, stain blending, or texture recreation. This Section operates with Sections 6.5, 9.1, and 9.3 and Industry Standards (Section 1.5).
56. Documentation; Notice and Cure; Photographic Baseline The Company may photograph or video attachment points, penetrations, routing, surfaces, and restoration (before, during, and after) for records (Section 47). Client shall notify the Company in writing within two (2) business days of discovering any alleged improper penetration, hazardous routing, or residue and shall provide reasonable opportunity to inspect and cure before undertaking repairs. Client agrees not to perform self-help repairs on Company-installed items without the Company’s written approval (see Section 6.5). The Company may create a pre-work photographic baseline of susceptible areas (fascia, mortar, stucco, coatings) to document pre-existing conditions.
57. Conflicts with Other Trades; Priority; No Responsibility for Third-Party Acts Client shall coordinate other trades (landscaping, gutter work, roofing, pest control, and similar services) to avoid disturbing the installation. The Company is not responsible for damage or outages caused by third parties (see Section 6.2), and service to remedy such issues will be billed under Section 6.2 plus materials. If other trades must access areas containing Company Materials, Client will provide prior notice and schedule coordination; the Company may charge for de-energizing, temporary removal, or re-installation.
58. Online Acceptance; Clickwrap Requirement The Company will present the Client with a conspicuous hyperlink to the Online Terms and require the Client to affirmatively check a box or click an I Agree button during Service Quote approval or scheduling. The Client’s affirmative electronic assent binds the Client to the Online Terms. If the Client authorizes an agent to approve a Quote or schedule Services, the Client is responsible for ensuring such agent has authority to accept the Online Terms.
59. Duty to Read; Availability of Online Terms The Client acknowledges it had a reasonable opportunity to review the Online Terms before accepting the Quote, that the link to the Online Terms was conspicuous, and that it is the Client’s responsibility to read and understand them. Failure to read the Online Terms does not excuse performance.
60. Versioning; Changes to Online Terms The Company may update the Online Terms from time to time. Changes apply prospectively to orders or scheduling actions occurring after the Updated Effective Date. For any active Service already approved, material adverse changes will not apply unless the Client expressly re-consents via a new Quote, Change Order, or written a