Last Revision: October 9, 2024
By placing a deposit with Ky Christmas Lights, the customer agrees to the following Terms of Service on the date the deposit is made.
This agreement (“Agreement”) is entered into between Arthrodire Contracting LLC. (DBA as “KY Christmas Lights”), located at 2200 Furlani Ct, Lexington, KY 40513 and Client identified within the payment details.
KY Christmas Lights and Client are each a “Party” and together, the “Parties” to the Agreement. Subject to Client’s payment of the applicable deposit as proposed and continuous compliance with the Agreement, KY Christmas Lights will provide the Services set forth in the applicable Proposal or quote subject to the Agreement.
The Agreement between the Parties consists of the following: (a) This Agreement; and (b) The initial sales quotation and proposal for Services (“Proposal”) (collectively, the “Terms of Service”). The Terms of Service, including its exhibits, constitutes the entire and final agreement between the Parties and supersede all express or implied, prior and contemporaneous agreements, negotiations, communications and understandings, whether in written or oral form. The Parties agree as follows:
1. KY Christmas Lights Services Overview
KY Christmas Lights agrees to provide holiday lighting services, including the design of decorative lighting layouts, leasing of the necessary lighting materials, installation of the decorative lights, ongoing maintenance throughout the holiday season, and the removal and storage of the lights after the season concludes. These services will be provided in accordance with the terms outlined in this agreement and the sales quotation provided to the customer.
- Decorative Lighting Design
KY Christmas Lights will work with the Client to create a custom decorative lighting design that fits the Client’s preferences and the layout of their property. The design may include recommendations for rooflines, trees, shrubs, walkways, windows, and other areas the Client wishes to highlight.
The Client acknowledges this lighting is purely for decorative purposes.
- Lease Decorative Lights
The lights and associated materials (such as clips, extension cords, and timers) used in the decorative lighting design remain the property of KY Christmas Lights. The Client agrees to lease these materials for the duration of the lease period.
The lease period is defined as beginning November 30th of the current year or the agreed upon installation date, whichever comes first, through January 31st of the following year, or the agreed upon removal date, whichever comes first.
Upon completion of the lease period, the leased lights and equipment will be removed and stored by KY Christmas Lights, unless otherwise agreed upon. The Client understands and agrees that the lights are not for sale or permanent installation, and any damage caused to the leased lights outside of normal wear and tear may result in additional fees.
- Install Decorative Lights
KY Christmas Lights agrees to install the decorative lights based on the agreed-upon design. Installation will be completed within a mutually agreed-upon timeframe, subject to safe weather conditions. During the install, KY Christmas Lights, under its best judgment, will use the appropriate attachment methods to secure lights, wires and other decorations to the client’s home to meet the agreed upon design.
Attachment methods include, but are not limited to: temporary plastic clips, magnets, temporary adhesives, hot glue, and tape.
These attachment methods are for temporary use and will be removed from the client’s home at the agreed upon removal date.
KY Christmas Lights is not responsible for pre-existing damage to the Client’s property or for damage caused by external factors such as extreme weather conditions.
- Provide Maintenance of Decorative Lights
From the initial installation date through Christmas Day, KY Christmas Lights will provide requested maintenance of the installed lights as it relates directly to the function of the light and installation itself. Maintenance requests include:
- Bulb replacements due to a bulb becoming non-functional
- Re-attachment of lights to original anchor point(s) due to being knocked loose by weather or animal
- Replacement of damaged or non-functioning light strands due to normal wear and tear.
- Replacement of faulty clips, hooks or fasteners
KY Christmas Lights will address any maintenance issues within a reasonable time frame, depending on the nature of the issue, availability of replacement material, and current or expected weather conditions.
If exact replacements are not readily available, KY Christmas Lights reserves the right to replace the original material with a close substitute.
Maintenance services are provided at no additional cost for normal wear and tear or environmental factors. The Client agrees to not tamper with or alter the lights once they have been installed. This includes, but is not limited to, adding additional lights or re-routing connections.
Maintenance does not include:
- Bulb replacement due to color preference
- Removal or modifications due to HOA restrictions, cit ordinances, or other legal restrictions
- Snow or debris removal from lights or decorations in the surrounding areas
- Damage caused by pets, unauthorized individuals, or other contractors.
- Re-installation due to customer-requested changes
- Diagnosing or troubleshooting issues that arise from electrical issues related to the client’s property.
- Removal of Decorative Lights
After New Year’s Day, KY Christmas Lights will remove the decorative lights and associated equipment at a mutually agreed-upon time. All leased materials, including lights, timers, and other equipment, will be collected and stored by KY Christmas Lights for future use. The Client agrees to allow KY Christmas Lights access to the property during the removal process. Any delays caused by the Client in granting access may result in additional fees.
2. Customer Responsibility
To ensure a smooth and successful installation, the Client agrees to the following responsibilities as part of the service.
- Provide Access to Property, Safe Working Space, and Functional Outlets
The Client must ensure that KY Christmas Lights has adequate and safe access to the property on the scheduled installation date, as well as during any required maintenance or removal services. This includes gates, driveways, and other entry points.
The Client agrees to notify KY Christmas Lights of any pets that may be on the property and to keep them safely secured during installation, maintenance, and removal.
The Client agrees that their roof and other installation areas are safe for KY Christmas Lights to work on or in. If there are any known issues such as loose shingles, structural problems, or hazards that could affect safety, the Client must notify KY Christmas Lights in advance.
The Client agrees to have all outdoor outlets in good working condition and with 10 amps of available power prior to installation. If any outlets are deemed inoperable, unsafe, or without sufficient power, KY Christmas Lights will notify the Client and seek alternative outlets. It is the Client’s responsibility to know the available power for each outlet and what other electronics run on those outlets.
KY Christmas Lights reserves the right to deny service to any property that is deemed unsafe or unfit for installation for any reason.
- Notify of Areas to Avoid or Sensitive Materials
The Client agrees to inform KY Christmas Lights of any areas where attachments are not allowed, such as fragile surfaces or materials that should not be touched. This includes providing instructions on areas of the home where lights or clips should not be installed to avoid potential damage.
- Protect Lights and Decorations from Vandalism and Theft
Once the installation is complete, the Client is responsible for taking reasonable steps to protect the lights and decorations from theft, vandalism, or intentional damage. The customer is responsible for all damages caused by third parties or unauthorized individuals after installation. For any theft or damages caused by third parties or any unauthorized individuals, the client agrees to pay the current replacement cost for those materials.
- Provide a Point of Contact for Order Confirmation
The Client will designate a single point of contact to confirm the details of the installation order, including final design, placement of lights, and scheduling. This person will also be the primary contact for any questions or updates throughout the process.
- Avoid High-Amp Draw Electronics on Same Circuit
The Client agrees not to run other high-amp-draw electronics (such as space heaters, large appliances, or power tools) on the same electrical circuit that the holiday lights are connected to, as this may cause damage to the lights, poor performance, or damage to the homeowner’s electrical system.
3. Lease Terms
A. Lease of Decorative Lighting and Equipment
The decorative lighting, including but not limited to light bulbs, strands, extension cords, timers, clips, and other hardware, provided and installed by the KY Christmas Lights are leased to the Client for the duration of the holiday season. These materials remain the property of the KY Christmas Lights at all times and are not to be sold, transferred, or permanently affixed to the Client’s property.
B. Duration of Lease
The lease period begins on the date of installation and ends upon the removal of the lighting by KY Christmas Lights at the end of the holiday season. The removal date will be mutually agreed upon between the Client and KY Christmas Lights. Early removal or termination of the lease, unless otherwise specified, must be requested in writing by the Client and may be subject to additional charges.
C. Use of Leased Equipment
The leased lights and equipment are to be used exclusively for holiday lighting as designed and installed by the KY Christmas Lights. The Client agrees not to tamper with, modify, relocate, or add to the leased lights and equipment. Any unauthorized adjustments may void the lease agreement, result in additional fees, and affect the KY Christmas Lights’s ability to provide ongoing maintenance or repair services.
D. Maintenance of Leased Lights and Equipment
During the lease period, the KY Christmas Lights will provide maintenance services for normal wear and tear, including replacing non-functional bulbs or addressing issues related to weather or other environmental factors. The Client is responsible for notifying KY Christmas Lights of any maintenance issues as soon as they are noticed. Any damage caused by the Client, third parties, or factors outside of normal environmental wear will result in additional charges.
E. Return of Leased Equipment
At the end of the lease term, KY Christmas Lights will remove all leased lights and equipment. The Client agrees to allow KY Christmas Lights access to the property at a mutually agreed time for removal. The Client is not permitted to remove or store the lights themselves. All lights and related materials will be returned to KY Christmas Lights for future use.
F. Damage to Leased Equipment
The Client is responsible for taking reasonable steps to protect the leased lights and equipment from theft, vandalism, or intentional damage. Any such damages, or damages resulting from misuse or tampering by the Client or unauthorized individuals, will result in additional repair or replacement fees, which will be charged to the customer’s card.
G. Lost or Stolen Equipment
In the event that any of the leased lights or equipment are lost or stolen during the lease period, the Client must notify KY Christmas Lights immediately. The Client may be held responsible for the replacement cost of the lost or stolen materials, as determined by KY Christmas Lights.
H. Early Termination
If the Client wishes to terminate the lease prior to the agreed-upon end of the holiday season, the Client must notify KY Christmas Lights in writing. In the event of early termination, the Client may be responsible for early termination fees as well as any costs incurred by KY Christmas Lights for the installation and removal of the leased materials.
I. Ownership of Lights and Equipment
The Client acknowledges that all decorative lights, timers, extension cords, clips, and other hardware provided as part of this agreement are the sole property of KY Christmas Lights. The Client agrees that they are leasing these materials for temporary use and will not attempt to sell, transfer, or permanently install any of the leased materials.
J. Additional Fees for Damages
The Client acknowledges that the lease fee includes the cost of normal wear and tear of the lights and materials. However, the Client agrees to pay for any damage caused by misuse, negligence, or external factors such as vandalism or pets. KY Christmas Lights reserves the right to charge additional fees for any damages incurred during the lease term.
4. Limitations of Liability
A. Liability for Injuries or Damages Arising from Installation
KY Christmas Lights shall not be held liable for any injuries, damages, or accidents that may arise during or after the installation or removal of decorative lights, including but not limited to slips, trips, falls, property damage, or electrical issues. The Client acknowledges that they are responsible for ensuring the safety and security of their property during the installation period and thereafter.
B. Existing Damage to Customer’s Property
KY Christmas Lights is not liable for any existing damage to the Client’s property prior to the installation of decorative lighting. This includes, but is not limited to, damage to roofs, gutters, siding, electrical outlets, or landscaping. If KY Christmas Lights discovers any existing damage while performing its services, the Client will be notified as soon as the damage is identified. KY Christmas Lights will document any existing damage and provide the Client with written or photographic evidence when necessary. The Client acknowledges that KY Christmas Lights is not responsible for repairs to pre-existing conditions.
C. Limitation on Scope of Liability
The total liability of KY Christmas Lights, for any reason, is limited to the amount paid by the Client for the services provided under this Agreement. KY Christmas Lights is not responsible for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use of the property or other financial losses related to the holiday lighting services.
D. Acts of Nature
KY Christmas Lights shall not be held responsible for damages or issues resulting from acts of nature, such as storms, high winds, snow, ice, or other natural elements that could impact the installed lighting. While maintenance is offered for normal wear and tear, the Client assumes all risk for environmental factors that may affect the lighting display.
5. Miscellaneous
A. Photo and Video Authorization
The Client grants KY Christmas Lights permission to take photographs and videos of the decorative lighting installed on their property. These images and recordings may be used by KY Christmas Lights for promotional, marketing, and advertising purposes, including but not limited to use on KY Christmas Lights’s website, social media platforms, and printed marketing materials.
The Client agrees that no compensation will be provided for the use of these images and videos, and that KY Christmas Lights retains all rights to the photographs and videos taken of the decorative lighting displays. The Client’s personal information, such as name or address, will not be disclosed without prior written consent.
