Jolly Raleigh, LLC
This Lighting Lease Agreement ("Contract") is entered into between Jolly Raleigh, LLC ("Installer"), 1529 Tawny View Lane, and the Client identified on the approved estimate ("Client").
Please ensure that you review this contract carefully and consult with legal counsel if needed.
Effective Date: the date the deposit is submitted
This agreement is effective for the term selected at checkout (One Season, 2 Years, or 3 Years), with service provided each holiday season of the term.
Scheduled when the deposit is received.
For multi-season leases, the Installer will contact the Client in August each season to schedule installation.
• A 50% deposit is due at the time of scheduling. • The remaining 50% is due upon completion of installation.
One of the following, selected by the Client: • Option 1: Payment in full upon installation-date scheduling. • Option 2: 12 monthly payments commencing in January of the installation year. • Option 3: A 50% deposit to schedule, with the remainder due the morning of installation. • Option 4: 4 equal payments between the first charge of the current year and installation.
The Installer will provide the following services: • Installation of holiday lights and décor as defined by the mockup sent with the approved estimate. • A 48-hour maintenance guarantee for issues reported after installation. • Takedown and removal of lights post-holiday season. • Leaseholders receive priority scheduling for removal, confirmed at the time of installation.
The Client is responsible for any damage to the Client's property or equipment during the holiday lighting installation or removal. This includes, but is not limited to, damage to siding, gutters, roofing, landscaping, electrical systems, and any other property or equipment belonging to the Client. The Installer will exercise reasonable care, but cannot be held liable for accidental damage that may occur while performing the agreed-upon services on the Client's premises. The Client should ensure any valuable or fragile items are properly protected prior to the service.
The Installer shall not be liable for any failure to perform or delay in performance due to power outages or electrical failures that are outside of the Installer's control. The Client acknowledges that the proper functioning of the installation relies on a consistent power supply, and the Installer cannot guarantee uninterrupted operation.
The Installer shall not be liable for any failure to perform or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, epidemics, pandemics, quarantines, storms, floods, fires, explosions, accidents, war, terrorism, strikes, shortages of labor or materials, transportation delays, or power outages ("Force Majeure Events"). In such an event, the Installer's performance is excused for the duration of the event and the time for performance is extended accordingly. The Client is not entitled to a refund or damages where the Installer is unable to perform due to a Force Majeure Event.
The Client agrees to hold the Installer harmless from claims, demands, damages, suits, or actions arising out of the performance of the installation or removal services, and to indemnify and defend the Installer against such claims, including reasonable expenses, legal fees, and costs incurred in the defense of any such claim.
The Installer maintains general liability insurance coverage with limits of no less than $1,000,000 per occurrence and $2,000,000 aggregate to cover liability arising from the performance of the holiday lighting services.
The Client agrees to: • Avoid tampering with or moving installed equipment; doing so voids the 48-hour maintenance guarantee. • Promptly report any issues or damages to Jolly Raleigh within the 48-hour window after installation. • Note that routine maintenance checks will not be provided after installation.
All lights and equipment remain the property of Jolly Raleigh.
Intentional damage to equipment will result in a replacement-cost charge at full retail value (Cost of Goods Sold + 30% margin) and may result in cancellation of the lease without reimbursement. In such cases, the Client is responsible for the remaining lease payments for that season, enforceable via a mechanic's lien.
Theft of leased items requires immediate notification. Replacement costs are enforceable via a mechanic's lien unless accompanied by a police report.
• No DIY modifications or relocations of leased items. • Any unauthorized movement of equipment voids the 48-hour maintenance guarantee.
If the Client cancels the lease prior to the end of the selected term, they must pay the difference between the non-leased (full annual) price for any previous seasons and the amount already paid.
No refunds are issued for dissatisfaction or a change of mind. Partial refunds may be provided for non-functional products, prorated for each season the product was unavailable.
All materials remain the property of Jolly Raleigh, and any buyout provisions become void.
At the end of the lease term, the Client may opt to purchase select items (yard decorations, wreaths, etc.), excluding custom-cut lights and mini lights, at full retail value as defined in Section 6.
No credits will be applied for any payments made during the lease period.
If any provision of this contract is held to be invalid, illegal, or unenforceable in any jurisdiction, that shall not affect any other provision or invalidate the provision in any other jurisdiction. Any such provision shall be deemed severed to the extent of its invalidity, and the remaining provisions shall not be affected or impaired.
This Contract represents the entire agreement between the Installer and the Client and supersedes any prior agreements or understandings, whether written or oral.
The exercise of any right of cancellation by the Installer shall not constitute a waiver of any other rights or remedies available to them under this contract or at law.