Christmas Lights Rental and Installation Contract

Christmas Lights Rental and Installation ContractThis agreement is by and between Client and Sixma’s Under Pressure, LLC DBA Castle Clean and Seal, a Florida limited liability company

Sixma’s Under Pressure, LLC DBA Castle Clean & Seal (hereinafter referred to as “Castle Clean & Seal”) will install and remove seasonal lighting and decorations based on the services selected in the signed quote. Client shall maintain a rental interest and retain no ownership interest in the lights, equipment, or installation of any Christmas lighting installed by Castle Clean & Seal.

Installation and Removal

• Safety of our staff, your home, and material is our main priority. Please note that if we are unable to install lighting safely, any prior deposit will be fully refunded.
• Castle Clean & Seal will install lights between the months of September and December. The installation included during this time frame will be roof lighting, trees, shrubs, greenery, and professional decor. We start removing lights as early as January 1st.
• Weather may delay removal of lights. Castle Clean & Seal will use best efforts to remove lights and decorations in a timely manner.
• Castle Clean & Seal retains sole discretion as to the timing of installation and removal and no breach of contract occurs based on dates of services.
• During installation and removal of lights, Castle Clean & Seal uses materials that slide under your roof shingles, clamp to your roof shingles, clip onto the gutter, or connect to metal flashing. Even with the best of care, installation, maintenance, and removal of this hardware can cause damage to the roof, gutters, flashing, or materials connected to these. Castle Clean & Seal will not be responsible for any damage caused by the installation, maintenance, and removal of lighting.

Castle Clean & Seal Responsibilities

• Castle Clean & Seal is not responsible for outlets that will not reset due to the presence of moisture. Lighting or decor outages must be reported. Castle Clean & Seal is not responsible for unreported outages.
• Castle Clean & Seal is not responsible for damage due to vandalism or landscaping error, animals (e.g., squirrels and mice), or negligent acts of the client or third party.
• As trees/plantings grow, we will add additional lights to any landscape lighting at our discretion, and bill service at the appropriate rates. Any additional items requested at the time of service will also be invoiced accordingly.
• All lighting and equipment remains the property of Castle Clean & Seal and will be removed by Castle Clean & Seal at the end of the season.

Client Responsibilities

• Client will immediately notify Castle Clean & Seal of any failed or faulty lighting or installation. Castle Clean & Seal reserves the right to inspect such lighting or installation and issue a determination of the cause of the failure or damage prior to repair.
• The client is responsible for providing and maintaining adequate and functional electrical outlets adjacent to the proposed locations for lit decorations, tree lights and building lights.
• Client is responsible to inform all landscaping service providers of the presence of Castle Clean & Seal lighting equipment. Client shall be responsible for any damage caused by other service providers.
• At the end of the lighting season the homeowner is obligated to unplug cords from timers and to contact Castle Clean & Seal to schedule a removal date.
• Client will not attempt to adjust the timer for lights and will be subject to a $75.00 service call should Castle Clean & Seal need to provide service.
• Client will not plug lighting or other decorations into timers and/or plugs provided by Castle Clean & Seal. Any warranties made by Castle Clean & Seal are voided upon such action. Client will be subject to a minimum $75.00 service fee plus an hourly rate to resolve any problems created by client plugging lighting or other decorations into equipment provided by Castle Clean & Seal.
• Client will provide reasonable care of Castle Clean & Seal lighting products so as not to expose them to unnecessary damage.

Recommendations

Ground Fault Circuit Interrupt (GFCI) receptacles are recommended where possible. Wet decor, lighting, outlets, and surrounding areas may take several hours, and in some cases days, after exposure to completely dry before receptacles can be reset.

Disclaimers

• Power failure or tripping of GFCI circuits that occur as a result of inclement weather is not the responsibility of Castle Clean & Seal. We will perform required service calls to solve these issues, but we will not be held liable for damages that may occur as a result of nature.
• During installation Castle Clean & Seal may use an anchorage connection on your deck, tree, posts or pillars or other attachment points. Castle Clean & Seal accepts no responsibility for and client will hold Castle Clean & Seal harmless for any damage caused by anchorage connection or ropes.
• During installation and removal of lights we use clips that slide under your shingle, clip onto the gutter or lights that connect to metal flashing. Installation, maintenance and removal can sometimes damage the roof, gutters and flashing. Castle Clean & Seal will not be liable for these damages.
• Castle Clean & Seal and the Client will be independent contractors and neither Castle Clean & Seal nor its employees will be considered employees of the Client. It is understood and agreed that nothing herein is intended nor shall be construed to create an employer/employee, partnership or joint venture relationship between Castle Clean & Seal and the Client. Client will not deduct from Castle Clean & Seal compensation income tax, FICA payments, or any other expenses, unless required by law. Payment of federal income tax, FICA payments, and state income taxes are the responsibility of Castle Clean & Seal. The Client agrees and acknowledges that neither it nor any of its employees, agents or representatives has any right or authorization, express or implied to act for Castle Clean & Seal or incur, assume or create any obligation, responsibility or liability on behalf of Castle Clean & Seal or make any representations or warranties concerning Castle Clean & Seal or the services in the name of or on behalf of Castle Clean & Seal or bind Castle Clean & Seal in any manner whatsoever.
• This Agreement shall not be assignable by either party without the prior written consent of the other party, provided that Castle Clean & Seal may use subcontractors to perform portions of Services at Castle Clean & Seal discretion. Except as otherwise provided, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.
• Castle Clean & Seal performance of the Services is contingent on, and Castle Clean & Seal shall not be responsible for delays or failure to perform due to, any delays or failure to perform any obligation under this Agreement due to fires, explosions, acts of God, strikes or other disturbances, including, without limitation, pandemic, war, insurrection, embargoes, government restrictions, compliance with or any action taken to carry out the intent or purpose of any law or regulation, lack of correct or complete data, changes or revisions, or other accidents or other causes or contingencies not caused by Castle Clean & Seal or over which Castle Clean & Seal has no reasonable control.

Photography

Client agrees that Castle Clean & Seal may take photos of our decor services on your property and to use as representation for marketing purposes including but not limited to brochures, portfolios, internet or postcards. The use of photos does not imply that any financial or other compensation will be given for said use. For private homes, address will not be disclosed with the exception of the town name.

Billing

• A minimum non-refundable deposit of 50% is due prior to installation.
• Full payment for every item and service is due day of installation. Client agrees to allow Castle Clean & Seal to save their credit card number and charge their credit card after installation or client can provide a check in a sealed envelope day of service prior to installation.
• An additional 10% fee of the total bill will be added to the payment if not received within the 30 day period (unless otherwise specified with client).
• An additional 15% fee of the total bill will be added to the payment if not received after 45 days (unless otherwise specified with client).
• An additional 18% fee of the total bill will be added to the payment if not received after 60 days from invoice date (unless otherwise specified with client).
• Payments received will be applied first to any outstanding FINANCE CHARGE and the remainder to the unpaid balance on the account. In the event the client fails to make payments as required, the account shall be considered to be in default and the client shall be responsible for costs of collection and reasonable attorney fees, as allowed by law.
• Payment will be accepted by check, cash or credit card.

Warranties and Limitations

Castle Clean & Seal makes no warranty of any kind, expressed or implied or otherwise whatsoever, that the services performed or any products will be merchantable or fit for any particular purpose or use. In the event of any breach of any warranty specified in this provision, client’s exclusive remedy shall be that Castle Clean & Seal shall, at its option, repair or substitute services at no cost to client, or refund monies paid for such services or products. Castle Clean & Seal shall have no liability under this agreement in the event a breach of the warranties contained herein is: (i) a result of circumstances beyond Castle Clean & Seal control; or (ii) due to third party errors or omissions.

Castle Clean & Seal will not be liable for any consequential damages caused by any failure or malfunction of the lighting and decorations provided under this agreement.

Any claim by the client that the workmanship or materials used are defective or nonconforming must be brought to the attention of Castle Clean & Seal Christmas Lighting in writing within 72 hours of the service and failure to do so results in a complete and final waiver of all claims.

Miscellaneous Items

Governing Law.

This Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of law principles. Any legal suit, action or proceeding arising out of or relating to the services or this Agreement shall be commenced in a federal or state court in Volusia county, Florida, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. The parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury.

Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall remain in full force and effect and will in no way be affected, impaired or invalidated.

Entire Agreement.

This Agreement supersedes all prior agreements and constitutes a complete and exclusive statement of the terms of the agreement among the parties with respect to its subject matter. There have been and are no representations, warranties or covenants between the parties other than those set forth in this Agreement. No supplement, modification or amendment of this Agreement will be binding unless executed in writing by all of the parties.

Waiver.

No waiver of any provisions of this Agreement will be deemed a waiver of any other provisions, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.