Terms & Conditions

These Terms and Conditions (this “Agreement”) constitute a binding agreement between Christmas Champs LLC (the “Company”) and the customer, property Customer, or other individual or entity purchasing or requesting services from Company (“Customer”) with respect to the property identified in the applicable online order or service request. By selecting the acceptance checkbox, submitting an order or service request, or otherwise purchasing or using Company’s services (any of which shall be done pursuant to a “Purchase Order”), Customer acknowledges that Customer has read, understood, and agrees to be bound by these Terms. The effective date of these Terms shall be the date Customer electronically accepts these Terms or first purchases or uses Company’s services, whichever occurs first (the “Effective Date”). These Terms may refer to Company and Customer each individually as a “Party” or collectively as the “Parties.” 

1. Scope of Work.  Customer hires Company and Company agrees to perform the work specified in the Purchase Order (the “Work”) at the Property identified in the Purchase Order. The Company is leasing the lights and decorations provided by the Company to the Customer and will provide installation (labor and materials), maintenance through the season, removal and storage of the lights and decorations.  The lights and decorations will be removed in January unless a prior agreement has been entered into between the Parties. Company retains Ownership of all products and materials provided to complete the Work, including but not limited to all extension cords, bulbs, timers, lights, decorations, etc. The Contract Price is agreed upon assuming that the Property has adequate power supplies and receptacles available. Customer is responsible for maintaining and providing adequate electrical outlets adjacent to the proposed locations for the lit decorations and lights installed. The Company is closed on November 26, December 24 to 25, December 31 and January 1.
2. Property Location. The location where work is to be performed (the “Property”) shall be at the location set forth in the Purchase Order.
3. Contract Price.  Customer agrees that the total cost of the Work (the “Contract Price”) will be in accordance with the total price identified in the Purchase Order plus the cost of any Change Orders approved by Customer and Company.  Customer shall pay 25% of the Contract Price (the “Deposit”) within 5 days of the Effective Date of this Agreement.  Company is not required to begin the Work until it receives the Deposit. Customer shall pay Company the remaining 75% of the Contract Price within 10 days of the Completion of the Work.  “Completion of Work” means the date stated on the Invoice that Company issues to Customer.  Customer shall pay a service charge of 1.5% per month to all overdue amounts, and this interest rate shall also apply to any balance obtained after a judgment.
4. Contract Documents. The documents that form the contract between Company and Customer are this Agreement, the Purchase Order, and all modifications and change orders agreed to by the parties hereafter (“Contract Documents”).
5. Change Orders. The Work, Contract Price and Time for Completion may be amended for additional services or work to be rendered by the Company if the Parties agree to the changed scope of the Work and agree to additional charges that Customer shall pay for such changes (a “Change Order”).  Customer shall pay for all changes at a set agreed upon sum.  Such charges shall be in addition to all other amounts payable pursuant to this Agreement.
6. Performance of the Work.  The dwelling house and appurtenant structures depicted in the Contract Documents are referred to collectively in this Contract as the “House.”

(a) Commencement.  On the date set forth in the Purchase Order, Company will start the Work and shall provide all labor, material, and equipment needed in order to perform the Work.

(b) Completion.  The installation Work shall be completed within ___ calendar days after commencement of construction of the Work (“Time for Completion”).  The removal Work shall be completed on or before January 31st. If Company is delayed in the progress of completing the Work by any act or neglect of Customer, material shortages, adverse weather conditions, delays in transportation which were not reasonably foreseeable, or acts of God, then the Time for Completion shall be extended by such reasonable time as Company and Customer may determine.

(c) As to the deadlines set forth in this Paragraph 6., time is not of the essence.

7. Customer’s Warranties.  Customer warrants and represents to Company that Customer owns the Property subject only to Customer’s recorded deeds of trust, restrictive covenants, minimum building lines on subdivision plats, and utility easements. Customer will deliver copies of applicable restrictive covenants, minimum building lines on subdivision plats, and utility easements upon request of Company. Customer further warrants and represents that Customer has the financial ability to pay the compensation to Company as set forth herein as it is due, and Customer will make such payments.  Customer shall perform the following in a reasonable and timely manner, and acknowledges that Company’s estimates as to timing of deliverables under this Agreement is based, in part, on reliance that Customer will meet its obligations in a reasonable and timely manner:
8. Coordination of any decision-making with the Company; and
9. Granting reasonable access for workers and vehicles to those portions of the Property undergoing Work.

Customer is not allowed to make permanent alterations (including but not limited to cutting wires, damaging products, etc.) to the lights or decorations unless Company agrees to such an alteration in writing.  If Customer makes changes that have not been approved by Company, then Customer shall pay Company for the replacement cost of the product that was damaged or altered.

8. Company’s Warranties.  (a)  Company warrants that the Work will be performed in conformity (i) with the Contract Documents, (ii) with all laws, regulations, and codes applicable to the construction of the Work, (iii) with any applicable restrictive covenants and homeowners’ association documents, (iv) in a good and workmanlike manner, and (v) with good quality materials.  Company assumes no responsibility or liability for the workmanship performed by Customer or anyone hired or retained by Customer.

(b) WARRANTY DISCLAIMER. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Concealed or Unknown Site Conditions.  Unforeseen conditions, such as unstable soil conditions, rotten fascia board or exterior portions of the House, damaged gutters or roof, damaged trees, bushes or shrubs, may create circumstances in which the original estimate submitted by Company may need to be modified to account for resolution of the unforeseen conditions in order to perform the Work.  If a condition encountered at the Property is (a) a subsurface or other physical condition which is materially different from those indicated on the Contract Documents, or (b) an unusual and unknown physical condition which is materially different from conditions ordinarily encountered and generally recognized as inherent in the Work provided in the Contract Documents, Company shall stop Work and give prompt written notice of the condition to Customer.  Company shall not be required to perform any Work relating to the condition without the written mutual agreement of the Parties.  Any change in the Contract Price as a result of the unknown condition shall be made by Change Order.

10. Photography Release.  Company may request for and pay to have professional photos taken of the completed Work. The images will be made available to Customer.  Customer agrees that Company can exhibit the images in print or electronic form publicly and privately for use in advertising/promotional materials for Company and/or for use in industry awards submissions. Company will not exhibit the name of Customer or the location of Customer’s project without the express written consent of Customer.

11. Signage.  The Customer agrees to allow the Company to post signage in the yard along the street front of the Property for three weeks after the Completion of the Work.  After that time, Company or Customer may remove the signage.

12. Independent Contractor. This Agreement shall not render the Company an employee, partner, agent of, or joint venture with the Customer for any purpose. Company is and will remain an independent contractor in its relationship to the Customer.  While Company shall provide the Work under the general direction of the Customer, Company shall determine, in its sole discretion, the manner and means by which the Work is accomplished including, without limitation, the use of subcontractors for completion of the Work.

13. Limitation of Liability.  In no event will Company or any of its members, officers, employees, agents, affiliates, and subcontractors (collectively, the “Company Parties”) be liable for any loss of property, lost profits or revenue by Customer, business interruption, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Customer arising as a result of or related to the Work, whether in contract, tort or otherwise, even if Customer has advised of the possibility of such loss or damages. Customer further agrees that the total liability of the Company Parties for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission of the Company Parties, whether in contract, tort or otherwise, will not exceed an amount equal to the amount actually paid by Customer to Company for the Work.  Customer will indemnify and hold the Company Parties harmless against any claims by third parties, including all costs, expenses and attorneys’ fees incurred by the Company Parties therein, arising out of or in conjunction with Customer’s performance under or breach of this Agreement.  Company is not responsible to damage to the Work caused by circumstances not within the control of the Company, including but not limited to: damage caused by extreme weather events (i.e. blizzards, winds exceeding 10 mph, etc.), animals chewing through wires, vandalism, Customer adding to the lights and resulting in blown or overloaded fuses or other issues, damage caused by Customer or Customer’s guests or other contractors.  Customer shall be responsible for the cost of replacing any damaged lights, decorations or other portions of the Work.

14. Termination.  If Company concludes, in Company’s sole discretion, that further performance under this Agreement is hampered by communication problems with the Customer, misunderstandings or mistrust, or if the personal circumstances of Customer or representatives of Company change to such a degree so as to interfere materially with the continuing progress of the Work, Company may, upon seven days’ prior written notice to Customer, terminate this Agreement.  Upon termination of this Agreement pursuant to this paragraph, Company shall calculate the compensation due to Company for the work performed up to the date of termination by percentage of completion or amount due to Customer, if credit is due to Customer. The percentage of completion will be determined by adding all costs incurred to date for completed and partially completed Work as a percentage of total contract and change order(s) costs.  For example, if the Work is 50% complete, then Customer shall pay Company 50% of the contract price, plus any executed Change Orders, allowances, etc.  Upon the termination of this Agreement and payment of the amounts owed under this paragraph, neither Company or Customer shall have any further rights or obligations under this Agreement and both parties mutually waive release, acquit and forever discharge the other party and their employees, agents, officers, directors, shareholders, heirs, representatives, successors, assigns and attorneys from any and all claims, actions or causes of action, demands, damages (both actual and punitive), costs, back pay, front pay, judgments, expenses, liabilities, attorneys’ fees and legal costs, injunctive or declaratory relief, whether known or unknown, whether in law or equity, including but not limited to the allegations and claims which were or could have been raised in any lawsuit or arbitration, all to the end that all claims and matters that are, or might be, in controversy between the parties are forever put to rest, it being both parties’ clear intention to forever discharge and release all their claims, which are, or might be in controversy against the other party.

15. Dispute Resolution. 

(a) Direct Settlement Discussions.  If a dispute arises out of or relate to this Agreement or its breach, the Parties shall endeavor to settle the dispute through direct discussions.  Within five days, the Parties’ representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions, shall conduct direct discussions and make a good faith effort to resolve such dispute.

(b) Mediation.  Disputes between the Parties not resolved by direct discussion within five days shall be submitted to mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association (AAA).  The Parties shall select the mediator within five days of the request for mediation and shall equally pay the mediator’s fees.  Engaging in mediation is a condition precedent to any form of binding dispute resolution.  Mediations shall be conducted in Mecklenburg County, North Carolina.

(c) Binding Dispute Resolution.  If neither direct discussions nor mediation successfully resolves the dispute, the Parties shall submit the matter to binding arbitration decided by a single arbitrator, who is a licensed attorney authorized to conduct such arbitration, in accordance with the Construction Industry Arbitration Rules of the AAA then in effect.  Arbitration will be used for any claim or dispute related to this Agreement.  EACH PARTY WAIVES THEIR RIGHT TO BE HEARD IN A COURT OF LAW, with or without a jury.  This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.  An arbitrator’s award shall be final and binding upon the Parties, and judgment may be entered upon it in any court having jurisdiction.  The costs of any binding arbitration and reasonable attorneys’ fee shall be borne by the non-prevailing Party, as determined by the arbitrator.  Any mediation, arbitration or litigation relating to this Agreement shall conducted in Mecklenburg County, North Carolina.  Neither Party may commence arbitration if the claim or cause of action would be barred by the applicable statute of limitations had the claim or cause of action been filed in a state or federal court.  Receipt of a demand for arbitration by the person or entity administering the arbitration shall constitute the commencement of legal proceedings for purposes of determining whether a claim or cause of action is barred by the applicable statute of limitations.  If, however, a state or federal court exercising jurisdiction over a timely filed claim or cause of action orders that the claim or cause of action be submitted to arbitration, the arbitration proceeding shall be deemed commenced as of the date the court action was filed, provided that the Party asserting the claim or cause of action files its demand for arbitration with the person or entity administering the arbitration within thirty days after the entry of such order.  Each party will make a $500.00 deposit with the arbitrator, before arbitration, towards arbitration costs which may be assessed against them, as a condition of arbitration.

(d) Notwithstanding any other provision, Company may file a mechanics’ lien and may file suit to enforce Company’s mechanics’ lien rights and no other provision in this Agreement shall preclude or act as a waiver of Company’s mechanics’ lien right.

16. Notice. Notices to Customer under this Agreement may be delivered to the email address, mailing address, or other contact information provided by Customer in the applicable Purchase Order. Customer shall be responsible for maintaining current and accurate contact information with Company. Notices to Company shall be sent to the contact information designated by Company on its website, invoice, or other written communication. Notices shall be deemed given upon transmission by email, personal delivery, or deposit in the United States Mail, postage prepaid. Notice to the Company shall be delivered as follows: 

Christmas Champs LLC

www.christmaschamps.com

(704) 313-9330

santa@christmaschamps.com

17. Miscellaneous. The Parties also agree that:

(a) The Contract Documents may not be assigned or transferred without the written agreement of Company and Customer.

(b) If any court of competent jurisdiction shall declare any provision of the Contract Documents to be invalid, the remaining portions of the Contract Documents shall remain in full force and effect except to the extent that said adjudication of invalidity shall defeat the purpose of the contract, in which case it shall terminate.

(c) This Contract shall be governed by and construed in accordance with the internal substantive laws of North Carolina without giving effect to its conflicts of laws.

(d) This Contract shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, executors and administrators, and their heirs.

(e) As used herein the words in the singular include the plural and the masculine, feminine and neuter genders are interchangeable as required by context.

(f) The Contract Documents constitute the entire understanding of the parties and all prior agreements and understandings are merged herein. The Contract Documents may not be modified or amended except in writing, signed by each of the parties hereto.

(g) If any provision herein is by its nature and effect required to be observed, kept or performed after substantial completion of the Work, it shall survive same and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.

(h) The Customer agrees that the electronic acceptance of this Agreement, including by checking an acceptance box, clicking an ‘I Agree’ button, or taking any similar affirmative action through the website or platform, constitutes the Customer’s electronic signature and assent to this Agreement