Welcome to Light Up Your Holidays LLC, an Illinois limited liability company (“Contractor”) a premier holiday lighting service based in the Chicagoland area, Illinois. These Terms and Conditions govern the use of our website (www.lightupyourholidays.com), the services as further defined below, and any agreements related to holiday lighting installation, maintenance, take-down, and storage. By engaging with our services or website, you (“Client”) agree to these terms and conditions (“Terms and Conditions”). Please read them carefully.

1. Services

1.1 We provide custom lighting design, installation, maintenance, take-down, and storage for residential and commercial properties for permanent lighting, bistro lighting, and/or holiday lighting (“Services”) within a 50-mile radius of the Chicagoland area.   Holiday lighting and seasonal display includes but is not limited to holidays such as Fourth of July, Halloween, and Christmas.

   1.2 All Services are performed by trained professionals using high-quality LED lighting.

2. Service Agreement

2.1 A written contract (“Service Agreement”) is required for all Services, detailing scope, cost, timeline of installation and removal, and any such other additional terms. Service Agreements are provided via Square and must be signed electronically.

2.2 Term.  The Term of the Service Agreement shall be defined as the date the Client executes the Agreement to the date identified in the Service Agreement (“Termination Date”).

2.3 Payment terms. Contractor requires fifty percent (50%) deposit (“Deposit”) due upon signing the Service Agreement and fifty percent (50%) due upon installation completion, payable online. If Client fails to pay the full balance as required herein, Contractor shall be entitled to recover their legal fees and costs including reasonable attorneys’ fees in connection with collecting and obtaining a judgment or otherwise pursuing Client for collection.  

3. Early Termination Policy.  Except as otherwise provided herein, either party may terminate this Service Agreement early (“Early Termination”) due to a material breach of any of the representations, warranties, obligations or agreements hereunder of the other party if such breach remains uncured following ten (10) days written notice to the other party.  CONTRACTOR RESERVES THE RIGHT TO TERMINATE SERVICE TO ANY CLIENT DUE TO A PROPERTY DEEMED UNSAFE BY CONTRACTOR.  IF PROPERTY IS DEEMED UNSAFE, CONTRACTOR WILL REFUND 50% OF THE DEPOSIT.  Either party may terminate this agreement if the other party (i) becomes insolvent, (ii) makes an assignment for the benefit of creditors, (iii) files, or has filed against it, a petition in bankruptcy, (iv) has a receiver appointed, or (v) institutes a proceeding for liquidation or winding up.

4. Installation and Maintenance

1.        Installations are scheduled based on availability, with priority for early bookings.

4.2 Maintenance is provided within 24-48 hours for issues such as burnt bulbs or weather damage, subject to availability.

1. All installation dates provided are subject to change due to weather and force majeure events and no refunds are provided due to the need to reschedule. 
2. Access.  Client agrees to provide Contractor and its agents with reasonable and safe access to the property for which Services are to be performed in order to complete the Services and to take down any installed lighting/decorations. An equitable adjustment in the price due to additional time required shall be made as a result of the failure to provide reasonable and safe access.

5. Take-Down and Storage

5.1 Absent Force Majeure Events, as defined below, take-down occurs within two weeks post-holiday, with storage provided at our secure facility.

5.2 Client acknowledges and agrees that Contractor is not liable for damage to any lighting or decorations that may result during the time Contractor stores any of Client property.

6. Liability

   6.1 Contractor warrants title to materials provided to Client. 

6.2 Limitation on Liability. 

THE INSTALLATION SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER PER INDUSTRY STANDARDS.  CONTRACTOR’S WARRANTY FOR INSTALLATION SERVICES SHALL EXTEND FOR THE PERIOD OF THE TERM.  CLIENT MUST GIVE CONTRACTOR’S TIMELY WRITTEN NOTICE OF ANY WARRANTY CLAIM RELATING TO INSTALLATION SERVICES. TO THE EXTENT PERMITTED BY LAW, CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR DOES NOT WARRANT THE GOODS. ANY AND ALL GOODS NOT INSTALLED BY CONTRACTOR AND/OR GOODS THAT HAVE BEEN ALTERED, TAMPERED, REPAIRED, OR MISUSED BY CLIENT OR THIRD PARTY ARE EXCLUDED FROM CONTRACTOR’S INSTALLATION WARRANTY AND CLIENT IS SOLELY RESPONSIBLE FOR MAINTENANCE OF SAME.  CONTRACTOR SHALL NOT BE CONSIDERED A MERCHANT OR VENDOR OF THE GOODS.  CONTRACTOR IS NOT LIABLE FOR ITEMS SUCH AS BUT NOT LIMITED TO PEELING PAINT CHIPS, PULLING AWAY OF SIDING OR GUTTERS DUE TO ATTACHMENT OF HOLIDAY DÉCOR ABSENT GROSS NEGLIGENCE. CONTRACTOR WILL USE COMMERCIALLY REASONABLE BEST EFFORTS PER INDUSTRY STANDARDS TO MINIMIZE DAMAGE TO SITE, HOWEVER CONTRACTOR CAN MAKE NO GUARANTEES IN THIS REGARD.  CONTRACTOR WILL USE COMMERCIALLY REASONABLE EFFORTS TO AVOID OVERLOADING ELECTRICAL CIRCUITS.  CLIENT ACKNOWLEDGES THAT CONTRACTOR CANNOT GUARANTEE CONSISTENT LIGHT BULB ORIENTATION IN THE DISPLAY DUE TO THE TWISTING NATURE OF THE LIGHT BULB STRANDS.

CLIENT AGREES ITS SOLE AND EXCLUSIVE REMEDY AGAINST CONTRACTOR AND AGENTS FOR DAMAGES IS REINSTALLATION OF THE GOODS IN A GOOD AND WORKMANLIKE MANNER PER INDUSTRY STANDARDS, INCLUDING THE REPAIR OR REPLACEMENT OF ANY GOODS TO THE EXTENT REASONABLY NECESSARY TO CORRECT THE DEFECTIVE INSTALLATION SERVICES. CONTRACTOR IS NOT LIABLE FOR ANY STRUCTURAL DAMAGE OR OTHERWISE TO THE SITE FOR PROVIDING SERVICES HEREIN. CLIENT SHALL HAVE NO OTHER REMEDY AGAINST CONTRACTOR OR AGENTS FOR LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, REMEDY FOR LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY MITIGATED, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, REMOTE, LOSS OF USE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE SERVICES. IF THIS AGREEMENT COVERS FIRE SAFETY OR SECURITY EQUIPMENT, CLIENT UNDERSTANDS THAT CONTRACTOR IS NOT AN INSURER REGARDING THOSE SERVICES AND THAT CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM FIRE SAFETY OR SECURITY EQUIPMENT THAT FAILS TO PREVENT A CASUALTY LOSS. THE FOREGOING WAIVERS AND LIMITATIONS ARE FUNDAMENTAL TO THIS AGREEMENT AND EACH PARTY ACKNOWLEDGES THAT CONTRACTOR WOULD NOT BE ABLE TO PROVIDE THESE SERVICES ON AN ECONOMIC BASIS IN THE ABSENCE OF SUCH WAIVERS AND LIMITATIONS, AND WOULD NOT HAVE ENTERED INTO SUCH WAIVERS AND LIMITATIONS.

7. Force Majeure.  Contractor will not be liable for nor be considered to be in breach of or in default under this Agreement on account of, any delay or failure to perform this Agreement as a result of any causes or conditions that are beyond such Contractor’s reasonable control, including but not limited to, weather, wildlife, power shortages, defective ground fault plugs, floods, accidental tripping of cords, fires, earthquakes, swelling of the ground, unauthorized additions to the system or other acts of the elements; from strikes, fires, acts of other contractors, governmental controls, epidemics, or acts of God; or from any other accidental or natural causes beyond its control and inability to obtain the goods or from material or labor shortages or other conditions. If any said event occurs, Contractor will give Client prompt notice of such and will use commercially reasonable efforts to minimize the impact of the event.  

8. Intellectual Property.  All designs, logos, and content on Contractor’s website or any other materials, renderings, software,  other associated media, or agreements provided by Contractor are and shall remain the property of Contractor. Unauthorized use is prohibited without Contractor’s written consent.

9. Modifications.  Contractor may update these Terms and Conditions anytime, effective upon posting on www.lightupyourholidays.com.  Client’s continued use of Contractor Services, signifies acceptance of the modified Terms and Conditions.

10. Governing Law and Venue.  These terms are governed by Illinois law without regard to conflict of law rules.  Any suit, action, or legal proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in Cook County and each party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

11. Notice.  Notices shall be in writing and shall be deemed given as of the receipt date shown by the records of Fed Express, UPS, registered US Mail, other courier service, or by electronic means to the email address of the Client and Contractor provided in the Service Agreement. 

12. Severability. If any part of this Agreement shall be deemed invalid, void or for any reason unenforceable, then that term shall be deemed severable from all other provisions and shall not affect the validity and enforceability of the balance of the Agreement. A waiver by either of the parties hereto of any of the covenants to be performed by other party shall not be construed to be a waiver of any succeeding breach thereof or of any covenant hereof contained.

13. Insurance.  Contractor will maintain satisfactory insurance to cover the liability of Contractor and any Contractor’s agents for personal injury, death,  and property damage-excluding minor scratches, and workers’ compensation. Client shall be responsible for obtaining and maintaining adequate liability property insurance for the location in which Services are being performed under the Service Agreement at all times in the amounts customary to ensure any loss or casualty due to the nature of engaging in the installation and removal of the Services.  

14. Power and Authority. Each Party represents and warrants to the other that (i) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (ii) all corporate, board, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (iii) this Agreement constitutes its legal, valid, and binding obligation.  Client represents  that he or she  is the owner of the location for which Services are being performed under the Service Agreement. 

15. Independent Contractor. The relationship of the Parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the Parties.

16. Integration.  This Agreement revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.  

17. Assignment.  Contractor reserves the right to assign its rights and obligations under this Agreement to a qualified third party designated by Contractor. In the event of such an assignment, Client agrees to look solely to third party assignee for performance under the Service Agreement. Client payment confirms agreement to this document and Service Agreement. Client may not assign the Service Agreement.

For questions, contact us at (312) 728-8499 or design@lightupyourholidays.com.

Thank you for choosing Light Up Your Holidays!