Holiday Lighting Service Agreement
Please review before booking. You'll sign this agreement with your quote.
1. Parties
This Holiday Lighting Service Agreement (the "Agreement") is between Kap's Exterior Services, LLC, a Florida limited liability company doing business as Stillwater Christmas Lights (the "Company"), and the customer named on the signed quote (the "Customer"). The quote, including the design, price and install date, is part of this Agreement.
2. Services
The Company will design, install, maintain during the season, and remove the holiday lighting described in the quote (the "Display") at the service address. The Company does not perform electrical work. The Display plugs into the Customer's existing exterior outlets.
3. Ownership of lights (lease)
All lights, wire, clips, extension cords, timers, wreaths, garland and other materials remain the property of the Company. They are leased to the Customer for the season only. The Customer is not buying any materials.
The Customer will not remove, relocate or alter the Display, or allow anyone else to, except in an emergency. Materials lost, stolen or damaged while at the property, other than through normal wear, Company error or ordinary weather, may be charged at replacement cost, and the Company will show its cost.
The Company stores all materials during the off-season at no charge.
4. Price, deposit and payment
Estimates are free. The price is stated on the quote. Florida sales tax and any applicable county surtax are added to the quote and invoice as required by law. A deposit of 25% of the quoted price is due when the Customer signs and reserves the install date. The remaining balance is due on the day installation is complete.
Accepted payment methods are Zelle, Venmo and check. Payments made by other methods may carry processing fees, which will be disclosed in advance.
Balances unpaid 15 days after installation may incur a late fee of 1.5% per month, or the highest rate allowed by law if lower. A returned check incurs the service charge permitted under Florida law. The Company may remove the Display if the balance remains unpaid 30 days after installation, and amounts paid are not refunded in that case.
5. Scheduling and access
Installations take place between the start of the season and December 15. Takedown takes place in January, typically January 2 through January 20.
The Customer grants the Company and its workers access to the exterior of the property, including the roof, gutters, eaves, landscaping and exterior outlets, on install, service and takedown days. The Customer does not need to be home. The Customer will unlock gates, secure pets and provide any gate or community access codes.
Changes to the design requested on install day may change the price. The Company will confirm any change before doing the work.
6. Roof access and property care
The Company attaches materials with plastic clips and does not drive nails, staples or screws into the roof or fascia. The Company uses reasonable care when working on the roof and grounds.
The Customer will tell the Company before install of any known roof damage, loose or fragile tiles, soft spots, leaks, irrigation lines, invisible pet fences, low-voltage landscape wiring or other hidden hazards. The Company is not responsible for damage caused by pre-existing conditions, aging or deteriorated materials, or hazards that were not disclosed.
The Company may decline or postpone work on any surface it judges unsafe, including wet roofs, very steep pitches and damaged tile, without penalty. If a roofline cannot safely be lit, the Company will offer an alternative or remove that item and its cost from the quote.
Any claim of property damage must be reported to the Company in writing, with photos, within 48 hours of the visit that allegedly caused it, so the Company can inspect it.
7. Electrical and power
The Customer must provide working exterior GFCI outlets within reach of the Display and pays for the electricity used. The Company does not repair outlets, breakers or household wiring.
A tripped GFCI outlet or breaker, a power outage, or a timer reset by the Customer is not a defect in the Display. The Company will explain how to reset outlets at install.
8. In-season service
Through December 31, the Company will repair or replace any part of the Display that stops working at no charge, normally within 48 hours of the request, weather permitting.
Service visits needed because of tampering, landscapers, pressure washing, pets, wildlife, vehicles or other damage not caused by the Company may be charged a service fee, which the Company will quote before the visit.
9. Weather and delays
The Company will not install, service or take down the Display during rain, wet roof conditions, lightning, sustained high winds, tropical weather or other unsafe conditions. Weather delays are not a breach of this Agreement. The Company will reschedule to the next available date.
If the Company cannot complete installation by December 15 for reasons within its control, the Customer may cancel and receive a full refund of all amounts paid. If installation cannot occur by December 15 because of weather or other events beyond the Company's control, the Customer may cancel and receive a refund of the deposit.
10. Cancellation
The Customer may cancel in writing (text or email is fine). If the Customer cancels 14 or more days before the scheduled install date, the deposit is refunded in full. If the Customer cancels less than 14 days before the install date, the deposit is kept to cover design, materials preparation and the reserved date.
After installation, the full price is owed. Early removal at the Customer's request does not reduce the price.
If the Company cancels for any reason other than the Customer's breach or nonpayment, the Customer receives a full refund of all amounts paid.
11. Customer responsibilities
The Customer is responsible for obtaining any approval required by a homeowners' or condominium association, landlord or property manager. The Company is not responsible for fines or removal orders issued because approval was not obtained.
The Customer will not climb on the roof or ladders to adjust the Display and will contact the Company instead.
12. Limitation of liability
To the fullest extent allowed by Florida law, the Company's total liability arising from this Agreement is limited to the amount the Customer paid under it, except for damage caused by the Company's gross negligence or willful misconduct. The Company is not liable for indirect, incidental or consequential damages, including lost enjoyment, HOA fines or utility costs.
Nothing in this Agreement limits any right the Customer has that cannot be waived under Florida law.
13. Photos and communications
The Company may photograph the Display for its portfolio and marketing. It will not publish the street address or identify the Customer by name without permission. The Customer may opt out at any time.
The Customer agrees to receive calls, texts and emails from the Company about scheduling, service, billing and future seasons. The Customer can reply STOP to opt out of texts at any time.
14. Next season
This Agreement covers one season only and does not renew automatically. The Company may offer the Customer the option to rebook for the following season at the current season's price.
15. General
This Agreement is governed by the laws of the State of Florida. Any dispute will be brought in the county or circuit courts of Pinellas County, Florida, or in small claims court where eligible.
This Agreement and the quote are the entire agreement between the parties. Any change must be in writing, which may include text or email. If any part of this Agreement is found unenforceable, the rest remains in effect.
16. Buyer's right to cancel
This section applies if this Agreement is signed at the Customer's home or another place that is not the Company's place of business. Date of transaction: ______________
BUYER'S RIGHT TO CANCEL
This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment.
Customer signature and date
Customer printed name
For Kap's Exterior Services, LLC d/b/a Stillwater Christmas Lights, date
Printed name and title
