Holiday Decoration Rental, Installation, and Removal Contract

Contractor agrees to provide materials and installation for the scope of work defined in the the quote approved by the Client.

The installation week will be agreed upon after the deposit, specified on the invoice and in Section 2.2 - Payment Details, has been received by the Contractor. The Contractor will communicate within two business days to schedule an installation week. The Contractor will communicate a scheduled installation date at the beginning of the scheduled installation week. The communicated date is non-binding and the Contractor will make every reasonable effort to maintain the schedule. The Client acknowledges conditions outside of the control of the Contractor may impede keeping the schedule; including weather, health of parties or subcontractors, availability of labor, catastrophic events, terrorism, war, and other reasonable events that are not included here. In the event of a delay, the Parties will work together to reschedule the isntallation.

The Contractor will make every available attempt to remove all installed decorations by the 31st January immediately following the installation. The contractor will communicate the scheduled week of removal no later than the 5th of January immediately following the installation. The Scheduled week is non-binding, and the contractor will make every reasonable effort to keep the schedule and communicate any delays.

The Client shall provide the Contractor with access to the premises where the construction work is to be performed at all reasonable times and shall ensure that the Contractor and their subcontractors have sufficient space and facilities to perform the work efficiently and safely.

The Client shall ensure that all necessary utilities, including but not limited to electricity, water, and gas, are made available to the Contractor at no additional cost. The Client shall also be responsible for any costs associated with obtaining and maintaining temporary utility connections required for the duration of the project.

The Client shall prepare the construction site in accordance with any specifications provided by the Contractor, including clearing the patio of personal items. Any additional site preparation required beyond the scope of the Contractor's work shall be the responsibility of the Client.

The Client shall ensure that the construction project complies with all applicable laws, regulations, and building codes in the jurisdiction where the work is to be performed. The Client shall be responsible for obtaining any variances or waivers necessary to achieve compliance, and shall indemnify and hold harmless the Contractor from any liability arising from the Client's failure to comply with such laws and regulations.

If other contractors or tradespeople are working on the premises concurrently with the Contractor, the Client shall coordinate the activities of such contractors to ensure that all work progresses smoothly and without interference. The Client shall also be responsible for resolving any conflicts or disputes that may arise between the Contractor and other parties involved in the project.

The Client shall take reasonable precautions to ensure the safety and security of the construction site, including securing any hazardous materials or equipment, providing adequate lighting and signage, and implementing appropriate safety protocols. The Client shall notify the Contractor of any known safety hazards or security risks present on the premises.

The Client shall maintain open and timely communication with the Contractor throughout the duration of the project, including promptly responding to requests for information or approvals, providing feedback on the progress of the work, and notifying the Contractor of any changes or concerns that may arise.

Total cost will not exceed the agreed upon price on the approved estimate, under normal conditions. Should any unforeseen costs arise, the Contractor shall advise the Client in writing before proceeding. In the event that the Client does not respond, the contractor will fulfill the scope of work. The Client agrees to pay the Contractor a reasonsable fee, to include sales tax; this fee will cover, at the minimum, the costs to the contractor and a margin at the industry standard.

At signing of the contract, a partially refundable (defined in section 2.3) deposit of ⅓ of total price is required. The deposit amount will be 50% of the total cost, inbcluding taxes. The remainder of the cost of the project is due upon arrival on the day of installation.

If for any reason, there is a necessary cancellation after HOA Architectural Review Committee approval AND sign off on materials ordering, the materials will be non-refundable and the contractor may be compensated for reasonable time, mileage, and expense up to no more than the original deposit.

In the event that the Client fails to make any payment required under this contract by the specified due date, the Client shall be deemed to be in default. The Contractor may, at their sole discretion, assess a late fee of $10 for each day that the payment remains outstanding beyond the due date.

If any payment remains outstanding for a period of 5 business days beyond the due date, the Contractor reserves the right to suspend all work on the project until such time as payment is received in full. The Client shall be responsible for any costs or delays resulting from such suspension of work.

Any payment not received by the Contractor by the due date shall accrue interest at the rate of 15% per annum, calculated daily and compounded monthly, from the due date until the date of payment in full. The Client shall be responsible for paying all accrued interest in addition to the original amount owed.

In the event that the Contractor is required to take legal action to collect any overdue payments under this contract, the Client shall be responsible for reimbursing the Contractor for all reasonable costs and expenses incurred in connection with such collection efforts, including but not limited to attorney's fees, court costs, and collection agency fees.

If any payment remains outstanding for a period of 20 calendar days beyond the due date and the Client fails to cure the default within 30 calendar days of receiving written notice from the Contractor, the Contractor may terminate this contract upon written notice to the Client and remove the installation. In such cases, the Client shall be liable for all unpaid amounts, as well as any damages resulting from the termination of the contract.

The Contractor shall have the right to file a mechanic's lien or other legal claim against the Client's property to secure payment for any work performed or materials provided under this contract in accordance with applicable law.

The exercise of any remedy for non-payment by the Contractor shall not constitute a waiver of any other rights or remedies available to them under this contract or at law.

The Contractor reserves the right to cancel this construction contract at their convenience, provided that written notice is provided to the Client at least 4 business days prior to the intended cancellation date. In such cases, the Contractor shall refund any payments made by the Client for work not yet performed, less any applicable fees or expenses incurred up to the date of cancellation.

The Contractor may cancel this contract if the Client fails to fulfill their obligations under the terms of this agreement, including but not limited to non-payment, failure to provide access to the premises, or failure to comply with project specifications. In the event of cancellation due to Client default, the Contractor shall be entitled to retain any payments already made by the Client, and the Client shall be liable for any additional costs incurred by the Contractor as a result of the cancellation.

If performance of the construction contract becomes impossible or unfeasible due to events beyond the Contractor's control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions, the Contractor may cancel the contract without liability. In such cases, the Contractor shall provide written notice to the Client as soon as reasonably possible, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.

If the Client becomes insolvent, files for bankruptcy, or is otherwise unable to fulfill their financial obligations under this contract, the Contractor may cancel the contract without liability. In such cases, the Contractor shall provide written notice to the Client, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.

The Client reserves the right to cancel this construction contract at their convenience, provided that written notice is provided to the Contractor at least 4 business days prior to the intended cancellation date. In such cases, the Client shall be responsible for any costs incurred by the Contractor up to the date of cancellation, including but not limited to materials purchased, labor performed, and administrative expenses.

If the Client determines, in their sole discretion, that the Contractor has failed to make satisfactory progress on the project, the Client may cancel the contract upon written notice to the Contractor. In such cases, the Contractor shall be entitled to payment for work completed up to the date of cancellation, as well as reimbursement for any reasonable expenses incurred in relation to the project.

If the Contractor materially breaches any provision of this contract, including but not limited to failure to perform work in accordance with project specifications, failure to meet project deadlines, or failure to maintain a safe working environment, the Client may cancel the contract upon written notice to the Contractor. In such cases, the Contractor shall be responsible for refunding any payments made by the Client for work not yet performed, as well as reimbursing the Client for any damages resulting from the breach.

If performance of the construction contract becomes impossible or unfeasible due to events beyond the Client's control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions, the Client may cancel the contract without liability. In such cases, the Client shall provide written notice to the Contractor as soon as reasonably possible, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.

Upon cancellation of the construction contract, both parties shall be released from their respective obligations under the agreement, except for those obligations that, by their nature, survive termination, including but not limited to confidentiality, intellectual property rights, and dispute resolution provisions.

Any notice of cancellation by the Contractor shall be provided in writing and delivered to the Client's last known address or email address on file. Notice shall be deemed effective upon receipt by the Client.

Any notice of cancellation by the Client shall be provided in writing and delivered to the Contractor's last known address or email address on file. Notice shall be deemed effective upon receipt by the Contractor.

The exercise of any right of cancellation by the Contractor shall not constitute a waiver of any other rights or remedies available to them under this contract or at law.

This warranty covers any defects in installation and craftsmanship performed by the contractor for a period of one (1) year from the date of installation.

Any claim made under this warranty must be submitted in writing to the contractor.

The Contractor will resonably attempt to remedy all warranty claims within 48 business hours of the submission of the claim.

This warranty does not cover any damage or defects resulting from:

No permits are required. In the event of the necessity of HOA approval, the Client shall procure such approval.

Any disputes arising from this contract can be resolved through binding arbitration at the request of either party. The requesting party shall pay the arbitration fee and wil be allowed reimbursement at the discretion of the arbiter.

No Other Additional Terms.

If any provision of this contract is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this contract or invalidate or render unenforceable such provision in any other jurisdiction. The parties agree that any such invalid, illegal, or unenforceable provision shall be deemed severed from this contract to the extent of such invalidity, illegality, or unenforceability, and the validity, legality, and enforceability of the remaining provisions of this contract shall not be affected or impaired thereby.

This Contract represents the entire agreement between the Contractor and the Client and supersedes any prior agreements or understandings, whether written or oral.