Legal notice
Peace Love Pumpkins LLC
On-Site & Off-Site Services, Safety, & Liability Agreement
Notice to Clients: By placing an order, booking a service, approving an invoice, or accepting delivery through this site, you ("Client") agree to the following legally binding terms regarding site access, property safety, natural materials, holiday installations, third-party venues, and liability limitations.
1. Seasonal Decor, Perishables, & Pest Release
Perishable & Organic Items: Client acknowledges that natural elements—including fresh pumpkins, gourds, living greenery, fresh garlands, wreaths, live trees, straw, and organic displays—are subject to natural decay, shedding, weather effects, mold, and rot.
Pests and Wildlife: Peace Love Pumpkins LLC is strictly not liable for any attraction of pests, rodents, insects, or local wildlife, nor for any property damage, surface staining, organic decay, or personal injury resulting from organic or natural materials placed on or around any premises.
Client Inspection & Care: Client assumes sole responsibility for inspecting, maintaining, cleaning, watering (where applicable), and disposing of perishable decor to prevent pest infestation, surface staining, or decay.
2. Christmas & Holiday Decor Safety & Damage Release
Holiday Displays & Structures: Client acknowledges that holiday decorating involves heavy displays, overhead installations, hanging hardware, trees, ladders, staging, lights, and temporary structural attachments.
Surface & Property Disclaimer: Peace Love Pumpkins LLC uses professional-grade installation techniques, but shall not be held liable for minor, standard, or unintended surface damage resulting from mounting, hanging, anchoring, securing, or removing decor—including but not limited to holes, paint flaking, adhesive residue, brick/masonry wear, gutter stress, roof clip friction, tree branch stress, or interior wall/trim scuffs.
Post-Installation Care: Client is responsible for ensuring guests, children, and visitors do not climb on, pull, alter, or tamper with holiday structures, elevated displays, heavy ornaments, or electrical runs.
3. Third-Party Sites, Off-Premise Venues, & Public Locations
Off-Site Scope: This agreement applies equally to services performed at the Client’s primary property or at any third-party venue, event space, leased premises, commercial property, or off-premise location designated by the Client.
Venue Authorization & Permitting: Client warrants that they have full authorization, owner permission, and any required permits to install decor at any third-party or commercial venue.
Third-Party Release: Peace Love Pumpkins LLC shall not be liable for any injuries, property damage, venue fines, contract disputes, or lease breaches occurring at, or asserted by, any third-party venue, property owner, venue staff, or third-party invitee.
4. Electrical Systems & Fire Safety Duty
Power Supply & Wiring Maintenance: Client is solely responsible for ensuring that all electrical outlets, extension cords, exterior power sources, breakers, and connections used to power seasonal decor or lighting are code-compliant, properly grounded, weatherproofed, and in safe working order.
Fire Hazard Mitigation: Client must ensure that all decorative elements, lights, displays, and temporary structures are kept clear of open flames, candlelit jack-o'-lanterns, space heaters, fireplace vents, overloaded circuits, or combustible hazards. Peace Love Pumpkins LLC shall not be liable for electrical failures, short circuits, tripped breakers, power surges, or fire damage.
5. Duty of Care & Premises Hazards
Safe Access & Walkways: Client agrees to maintain a safe, clear working environment. It is the Client’s duty to ensure driveways, walkways, steps, work zones, ladder placement areas, and installation paths are free from hazards (such as ice, standing water, debris, loose surfaces, unrestrained pets, or trip hazards) prior to and during delivery, installation, maintenance, or removal.
Pre-Existing Hazards: Client must disclose any known structural weaknesses, delicate exterior/interior finishes, or hidden property hazards prior to service.
6. Weather, Acts of God, & Force Majeure
Unforeseen Events: Peace Love Pumpkins LLC shall not be liable or deemed in breach for any failure, delay, display damage, or safety cancellation resulting from acts of God, severe weather (including high winds, hail, ice storms, or heavy rainfall), natural disasters, governmental restrictions, or power outages.
Severe Weather Maintenance: In the event of severe weather or high winds, Client assumes full responsibility for securing, temporarily removing, or disconnecting external displays, inflatables, or hanging elements to prevent storm-driven damage or projectiles.
7. Teardown, Storage, & Property Abandonment
Removal Access: Client agrees to grant clear access to the property or venue during the designated removal window. If access is blocked or unavailable, additional service fees may apply.
Storage & Abandonment: If Peace Love Pumpkins LLC provides removal and storage services, Client agrees that decor items left in storage with unpaid balances for more than thirty (30) days following written notice shall be considered abandoned and may be disposed of or liquidated at Peace Love Pumpkins LLC’s sole discretion without liability.
8. Photo & Media Release
Unless explicitly opted out in writing prior to installation, Client grants Peace Love Pumpkins LLC a non-exclusive, perpetual, royalty-free license to capture and use photographs and video footage of completed installations (residential exteriors, commercial setups, or event decor) for marketing, portfolio, website, and social media promotional purposes. Peace Love Pumpkins LLC agrees not to publish specific address numbers or full client names without written consent.
9. Limitation of Liability & General Release
To the fullest extent permitted by applicable law, Peace Love Pumpkins LLC, its owners, officers, members, employees, contractors, and agents, shall not be liable for any direct, indirect, incidental, or consequential damages—including personal injury, slip and falls, property or surface damage, pest damage, electrical fires, structural collapse, or weather-related damage—arising from hazardous site conditions, holiday display installations, client electrical setups, organic decay, or operations at third-party locations. Client hereby releases and waives all claims against Peace Love Pumpkins LLC related to these conditions.
10. Indemnification
Client agrees to defend, indemnify, and hold harmless Peace Love Pumpkins LLC from any third-party claims, lawsuits, losses, damages, liabilities, or legal expenses (including reasonable attorneys' fees) brought by venue owners, guests, tenants, invitees, or passersby arising out of hazardous property conditions, third-party venue setups, client-maintained electrical setups, holiday decor hazards, pest attraction, or breach of this agreement.
11. Dispute Resolution & Mandatory Arbitration
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this agreement, services rendered, or products supplied shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
Governing Law & Venue: This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The exclusive venue for any arbitration proceeding or permitted court action shall be located in Travis County, Texas.
Waiver of Jury Trial & Class Actions: Client agrees that all claims must be brought in the parties' individual capacity, waiving any right to a trial by jury or to participate as a plaintiff or class member in any class or representative proceeding.
12. Severability & Entire Agreement
Severability: If any provision of this agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
Entire Agreement: This agreement constitutes the full understanding between Client and Peace Love Pumpkins LLC and supersedes all prior oral statements, estimates, or informal representations.