Installation | Service | Rental Agreement Contract:
Lighting Services Contract
Elfperts, Inc. – DBA– Barefoot Lighting – DBA – The Christmas Guys – DBA – Light Up Your Life
Barefootlighting.com | ChristmasGuys.com | lightyourworld.io
LIGHTING SERVICES SESSION ORDER: This Contract represents an order for decorating and/or event planning services. There are no oral or other agreements and this contract constitutes the full and complete understanding and agreement between the Client and Elfperts, Inc. (Decorator).
LIGHTING SERVICES FEES: The lighting fee is based upon the professional event or decorating design, the type of services desired and lighting materials. Location fees may be charged if the lighting session is 25 miles outside of Albany County limits, the contractor will inform the Client of this fee. The Client is responsible for paying all fees associated with renting items from outside vendors, purchased items not included in the contractors inventory.
LIGHTING SERVICES ARRANGEMENTS: It is the Client’s responsibility to communicate with the venue (hall, hotel, etc) the number of items needed for decorating such as: tables, chairs, and other specifics. Furthermore, it is the client’s responsibility to contact the venue and schedule a minimum of 6 hours for Decorator to perform the
work. Some events may need more time, depending upon the details required. If the venue will allow decorating the day before, Decorator will make every effort to accommodate this allowance. Just as it takes many hours to set up and decorate, it will also take time to break down all decorations. For this reason, Client agrees to schedule a minimum of 2 hours for breakdown and removal.
EVENT/LIGHTING SERVICES SITE CONSULTATION/ FLOOR PLAN DESIGN: Client design and consultation fees will be assessed on a per client basis. Additional trips to venue site after initial consultation will be assessed a $150 consultation fee and a $75 travel fee per visit. It is the client’s responsibility to email floor plan or outdoor zone(s) of set up to Elfperts, Inc. no later than 2 weeks to the event or lighting services date.
DAMAGE TO PROPERTY: Client will be responsible for any damage to property including but not limited to centerpieces, motifs, backdrops, lights, decorations, statues, artificial trees, etc. Elfperts, Inc. will set up the lighting and or decorations and leave. Once lighting and decorations are set up, all equipment brought in and set up will be under client’s liability. All damage and or missing property will be charged at full replacement cost.
LIMIT OF LIABILITY: Although care will be taken with the lighting, decorations, the contractor limits any liability for loss, damage or failure to deliver decorations for any reason of the contractor’s non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit contractor’s liability shall not exceed the contract price of the total services rendered. If the contractor is unable to render services due to extreme instances (i.e. accident, death, extreme weather conditions, and unsafe condition at the venue), then the contractor is not responsible for the non-completion and the contractor and the client can come to a reasonable agreement for a partial refund or change of date for services. If the contractor deems that the client and/or the client’s guest are negligent and malicious and the contractor’s property is altered from the original state or permanently damaged, then the client will be charged the total replacement cost for each item. The contractor is not responsible for items that are stolen by client’s guests during the event or lighting services time period for as long as lighting and decorations are on Client’s site or property. If the client’s guests remove items (i.e. lights, decorative accents, motifs, etc.) that are the property of the contractor or any outside vendor, then the client will be charged the total replacement cost of the items.
MATERIALS AND COLORS: Elfperts, Inc. offers many options of physical decorations in many different colors and textures. Actual colors may vary. Due to the many variations in monitors, and browsers, color samples may appear different on different monitors; the same being true of printed catalogs. We try to edit our photos to show the samples as life-like as possible, but please understand the actual color may vary slightly from your monitor. Computer monitors are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers, we do not guarantee that what you see accurately portrays the color of the actual products and accessories or other items offered on our site and printed materials. We do our very best to make sure our sample images are as close to the exact product as possible, but cannot guarantee that what you see is an exact sample. Client understands and agrees that colors may differ based on material and choice of manufacturer. For this reason, it is recommended that a sample product is ordered by client if exact colors are necessary. MATERIALS AND COLORS: Elfperts, Inc. offers many options of physical decorations in many different colors and textures. Actual colors may vary. Due to the many variations in monitors, and browsers, color samples may appear different on different monitors; the same being true of printed catalogs. We try to edit our photos to show the samples as life-like as possible, but please understand the actual color may vary slightly from your monitor. Computer monitors are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers, we do not guarantee that what you see accurately portrays the color of the actual products and accessories or other items offered on our site and printed materials. We do our very best to make sure our sample images are as close to the exact product as possible, but cannot guarantee that what you see is an exact sample. Client understands and agrees that colors may differ based on material and choice of manufacturer. For this reason, it is recommended that a sample product is ordered by client if exact colors are necessary.
OWNERSHIP OF LIGHTING AND DECORATIONS: It is agreed that all lighting anddecorations that are included in the contractors inventory shall remain the property of the contractor. However, if the Client purchases lighting and decorations, the client has full ownership of the property at the completion of the event. There are instances that the client transfers ownership of their purchased lighting and decorations to the contractor. Once the Client transfers ownership of lighting and/or decorations to the contractor, then the items become the property of the contractor and the Client can no longer take possession or transfer ownership of decorations to another party. In some instances, written consent must be presented to the contractor from the Client granting full ownership. All rented items must be given back to the contractor by noon of the following day. If items are not returned within 72 hours, the contractor will charge a fee at the current daily rate to the Client. If the contractor outsources decorations from an outside vendor, the Client must return items by the end of the event. If outsourced items are not returned at the end of the event or are altered from the original state (damaged), then the Client will be charged a fee that will be determined by the outside vendor.
DISPLAY/ PROMOTION: It is agreed that Elfperts, Inc. may display and use video and photographs from the lighting services session and event for website, internet promotion, and any other non-commercial purposes thought proper by Elfperts, Inc. All video or photographs are subject to be posted on all social networking sites for promotional purposes only. The Client is responsible for advising Elfperts, Inc. in writing of any photos or videos he/she wishes not to be publicized. Elfperts, Inc. possesses full ownership of all video and photos of the decorating process and final set up photographed by Elfperts, Inc. and or its affiliates. Therefore, Elfperts, Inc. has permission to place their name and logo on any photographs taken by Elfperts, Inc..DISPLAY/ PROMOTION: It is agreed that Elfperts, Inc. may display and use video and photographs from the decorating session and event for website, internet promotion, and any other non-commercial purposes thought proper by Elfperts, Inc. All video or photographs are subject to be posted on all social networking sites for promotional purposes only. The Client is responsible for advising Elfperts, Inc. in writing of any photos or videos he/she wishes not to be publicized. Elfperts, Inc. possesses full ownership of all video and photos of the decorating process and final set up photographed by Elfperts, Inc. and or its affiliates. Therefore, Elfperts, Inc. has permission to place their name and logo on any photographs taken by Elfperts, Inc..
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The contractor functions as an independent contractor only employed by Elfperts, Inc. Client understands that the contractor is a professional and does not need to be monitored or supervised as work is performed.
CANCELLATION: In the event the Client must cancel the contracted services for lighting services on this Contract, all payments, including the initial non-refundable deposit, paid to date will be forfeited. The Client may receive a credit minus cost of already ordered items towards an available future date as agreed upon by Director of Operations of Elfperts, Inc. and Client. All cancellations should be put in writing and emailed to the Director of Operations at firstname.lastname@example.org
MAKING CHANGES: During initial consultation, Client will be given an invoice and/or estimate with price of lighting services and breakdown of additional rentals and product purchases based on, lighting zone size, floor plan or guest count and other factors. It is Client’s responsibility to check invoice or estimate for accuracy. Item packages are priced as is and can only be customized during initial consultation and enlistment of services. Once a package price has been agreed upon, and contractor has purchased items (usually within the week deposit is paid) Client may not ask for a reduction in price due to no longer needing items or needing less items. If additional lighting is requested or guest count increases, contractor will add additional items and labor calculated at current pricing to the invoice. Customizable items such as special motifs, custom lighting and artificial decor etc. may not be changed. There can be no changes made to the lighting plan at least one month prior to lighting services date. Please note that rental items are not part of lightign services and are under a separate contract as indicated on Conditions of Rentals.
SAFETY: In the event that the contractor deems the event to be unsafe, the contractor reserves the right to halt all services rendered if the event has begun. If the event has not begun, then the contractor will provide the same services on a different date. If the client or the client’s guest cause the event to become unsafe, then the client will pay any fees (travel, rentals, staff, ect.) associated with changing the date of the services. In some instances, the contractor will ask if the venue will be providing proper security.
VENDORS: Outside vendors may be referred to Client. Client understands and agrees that Elfperts, Inc. is not responsible for poor services rendered by any vendor. It will be the Client’s responsibility to settle all grievances and discrepancies with the vendor directly. Elfperts, Inc. will not refund any fees in the instance that a vendor is not satisfying to any client.
EVENT DETAILS: The Client gives permission for the contractor to contact the venue, property managers, and vendors to confirm event or lighting details. Elfperts, Inc. will not be responsible for any services rendered by the venue or other vendors for coordinated event or lighting session. Additionally, Client must communicate in writing all other equipment, items, and or services being provided by other vendors. Client understands and agrees that it is not Elfperts, Inc.’s responsibility to set up or breakdown any items that are sub-rented or dropped off from other vendors or other persons. If Client needs assistance with setting up other items, Client must arrange with Elfperts, Inc.’s Director of Operations and pay additional set up fees.
REPAIR & MAINTENANCE SERVICE CALLS: All other service calls will be assessed a $249 service fee that includes the first hour of the initial call and then an additional $149 an hour thereafter. Restrictions may apply to Service Calls during holidays.
COST ESTIMATE: Elfperts, Inc. will provide a Cost Estimate to the Client based on the Client’s verbal description of their desired lighting and decoration package. The Cost Estimate may be written or given verbally, and is subject to change depending on the total quantity of lights, strands and other decorations actually needed in the final installation and may be used only at the client’s discretion. Verbal or written permission will be obtained in the event that additional labor and/or materials are required to complete the project. If permission cannot be obtained at the time of decorating and installation The Cost Estimate will be converted to the Final Package Cost originally agreed upon and the installation will be considered completed as is. A change order may then be submitted by the client as an additional project after the date of the original decorating and installation date. All pricing discussions should be made directly with an ELFPERTS, INC. Client Service Representative.
FINAL PACKAGE COST: The Final Package Cost is the amount that will be invoiced to the Client after the installation is complete. If the Client requests unique lights or decorations not listed on the website or catalog, ELFPERTS, INC. will provide a unit price for these products in the Cost Estimate. ELFPERTS, INC. Field Installers may not be equipped to calculate final pricing.
THE COST ESTIMATE AND FINAL PACKAGE PRICING ASSUME THE FOLLOWING ITEMS:
A single-time installation and single-time removal of lights and decorations.
All ELFPERTS, INC. supplied materials are the property of ELFPERTS, INC. and must be returned to ELFPERTS, INC. at the end of the rental period, unless purchased by the Client. The lighting and decoration rental period starts on the installation date and ends no later than January 20th of the following year.
ELFPERTS, INC. has a project minimum of $1,750. Project orders that calculate to less than $1,750 will be revised to meet the $1,750 minimum.
ELFPERTS, INC. is not responsible for paint chipping due to highly oxidized or deteriorating paint on fascia boards, gutters, or other areas of installation.
For safety and quality purposes, all electrical cords and accessories shall be provided by ELFPERTS, INC..
If the Client requests changes in design, color, or location of the lighting package after installation have begun, then the Client shall be responsible to pay for the re-work costs associated with any modifications.
Applicable discounts and specials offered by ELFPERTS, INC. will be shown as credits on the final invoice.
ELECTRICITY: The Client must provide ELFPERTS, INC. clear access to safe and adequate electricity commensurate with the quantity of the lights requested by the Client. ELFPERTS, INC. will require enough free circuits to safely handle the electrical load of the lighting package. The provided circuits should not be tethered to high wattage devices (i.e. refrigerators, hair dryers, etc.) ELFPERTS, INC. will not be held responsible for inadequate, faulty, or overloaded electrical sources at the place of service. The Client may be required to provide an electrical connection point inside the residential or commercial property if exterior receptacles are not available, or are not adequate. Clients requesting large lighting packages may need to consult with their electrician to provide additional power sources commensurate with the lighting package needs. Clients shall not tether personal lights or appliances to the ELFPERTS, INC. lights as it may result in exceeding fuse or circuit limits.
WARRANTY: ELFPERTS, INC. will test the entire lighting package at the completion of the installation and will leave the project fully functional. Defects in lighting material must be communicated to ELFPERTS, INC. within 24 hours of installation. After 24 hours ELFPERTS, INC. will not be responsible for broken lamps, fuses, or wiring. ELFPERTS, INC. will not be responsible for any defects or damage associated with weather conditions such as wind, rain, snow, and ice or tampering animals or people. A Service Call charge will be incurred if ELFPERTS, INC. is requested to fix or investigate a material problem. Defects due to installation will be fixed at no cost to the Client within 365 days. Burnt out lanmps are not covered under warranty.
RESERVATION DEPOSIT & PAYMENT SCHEDULE: Upon signature, the contractor reserves the time and date agreed upon, and will not make other reservations for that specific time and date. For this reason, the deposit of 50% of the balance stated is non-refundable, even if the event date is changed or event canceled for ANY reason. The deposit is applied towards the total balance upon completion and submission of this Contract. The 50% deposit reserves the date and covers substantial cost of materials purchased for the decorating session. In some cases, if more expensive and customizable items are needed, the Client will be required to pay a 70% deposit. The Client understands and agrees that the entire amount owed is due immediately upon completion of the decorating session. The Client will be invoiced immediately following the completed installation and the total balance shall be considered due in full. No charges will be made to the credit card account if payment by cash, check or money order is received by the due date stated on the invoice; otherwise, the entire remaining balance will be applied to the Client’s credit card immediately following the due date. Invoice is due upon receipt of the completed installation. Disputes and charge- backs to the credit card company will result in a $50 fee. There will be a late fee assessed every week in the amount of $50 per week that the invoice is past due.
RIGHT OF REFUSAL: ELFPERTS, INC. reserves the right to reject service to any property deemed unsafe by ELFPERTS, INC.