Holiday Light Rental Agreement
Thank you for choosing Russel Williams Home Services LLC d/b/a The Holiday Light Company (hereinafter “Russel Williams” or “We”) for your holiday lighting display! We are excited to work with you to provide a beautiful display for your holiday season. This Holiday Light Rental Agreement (“Agreement”) is made by and between Russel Williams and the customer who is renting a light installation from Russel Williams (hereinafter referred to as “Customer” or “You”) and sets forth all terms and conditions governing the light installation.
If You have not yet provided a credit card to secure your light installation, please call to provide that information as a credit card is required prior to the installation. By providing credit card information, You acknowledge that You agree to be bound by the terms and conditions of this Agreement. Your card will be charged automatically after the initial installation. All greenery will be charged at this time as well; however, greenery will not be installed until November.
Rental, Installation, Maintenance and Use of EquipmentAll materials used in the installation, including lights, cords, timers, greenery and other materials (the “Equipment”) are the property of Russel Williams and Russel Williams shall at all times retain the title to the Equipment. The term of this Agreement shall commence upon installation of the Equipment and terminate on December 31, 2022, unless the term is extended as set forth below. Equipment installations begin late August/early September. During the term, Russel Williams will rent to You, install and maintain the Equipment, subject to the terms and conditions of this Agreement. Equipment maintenance is provided free of charge through December 31, 2022. After December 31, 2022, Russel Williams may return without notice to remove the Equipment. Typically, Equipment is removed between January 4th and January 15th. You may extend the term to at least February 1st for an additional $110.00, February 15th for $185.00 or extend the term to at least March 15 for an additional $370.00. Rental extensions also include any maintenance on the Equipment. If You have not purchased a rental extension and are in need of any maintenance after December 31, 2022, We will charge a $50.00 maintenance fee per visit to fix any nonworking Equipment. Please notify Russel Williams as soon as possible if You experience any trouble with the Equipment. All maintenance is provided during regular business hours Monday-Friday, but excluding Thanksgiving day, Christmas Eve day, Christmas Day, and New Year’s Eve day.
Waiver, Hold Harmless and IndemnificationAll Equipment, including commercial lighting materials, are intended for indoor or outdoor use. All lights, cords and timers are UL listed; however, the Equipment is not completely waterproof and may not work during extreme levels of humidity or when exposed to moisture. Due to the nature of uncontrollable weather, Russel Williams will do its best to maintain the displays but cannot guarantee the functionality of the Equipment during the term of this Agreement. Russel Williams does not inspect Your premises or electrical system and will not be held responsible for electrical or breaker failures. By requesting Russel Williams to rent to You, install and maintain the Equipment, You agree and acknowledge that the condition of Your premises and electrical system cannot be readily determined and that Your electrical system may or may not be adequate for the Equipment. Further, in consideration of Russel Williams renting to You, installing and maintaining the Equipment at Your request, You hereby: (1) represent and warrant that You own the premises where you have requested the Equipment be installed; (2) You authorize Russel Williams to install and maintain the Equipment at Your premises and remove same at the end of the term; (3) represent and warrant that Customer’s premises and electrical system is adequate for the Equipment; (4) release and discharge Russel Williams, its owners, officers, members, governors, managers, employees, agents and contractors (collectively the “Russel Williams Parties”) from any and all liability and claims, including consequential damages, in connection with, related to, or arising out of the rental, installation, maintenance and use of the Equipment; (5) agree that You will not, whether on Your own behalf or on behalf of others, make a claim against, sue, attach the property of, or prosecute the Russel Williams Parties for any liability in any way related to or arising out of the rental, installation, maintenance or use of the Equipment; and (6) agree to indemnify, defend and hold the Russel Williams Parties harmless against any such claims made by any third party. The parties hereto agree that the release and indemnification in this Agreement is intended to be as broad and inclusive as permitted under the laws of the State of Minnesota and that if any portion of it is held invalid or unenforceable, the balance shall, notwithstanding such ruling, continue in full legal force and effect. Russel Williams and Customer hereby waive any rights each may have against the other arising out of any loss or damage connected in any way to, or arising in any way out of an occurrence related to the rental, installation, maintenance or use of the Equipment to the extent that such damage or loss is coverable by insurance. Russel Williams and Customer, on behalf of their respective insurance companies, waive any right of subrogation they may have against each other where such waiver of subrogation is not invalidated by State law.
Limited Warranty and DisclaimerRussel William’s liability for claims related to or arising out of the rental, installation, maintenance or use of the Equipment shall not exceed the total amount paid by Customer to Russel Williams under this Agreement. Russel Williams is not liable for pre-existing deficiencies at the Customer’s premises that manifest themselves as a result of the installation, maintenance and use of the Equipment, including but not limited to the condition of existing electrical systems and other hidden conditions at the Customer’s premises.
LIMITED WARRANTY: RUSSEL WILLIAMS WARRANTS THE INSTALLATION OF THE EQUIPMENT TO THE ORIGINAL CUSTOMER DURING THE TERM OF THIS AGREEMENT. DURING THE WARRANTY PERIOD, RUSSEL WILLIAMS WILL AT ITS SOLE OPTION REPAIR OR REPLACE, AT NO CHARGE TO THE CUSTOMER, THE EQUIPMENT, OR REFUND CUSTOMER’S PAYMENT. IN NOEVENT SHALL RUSSEL WILLIAMS’ OBLIGATION UNDER THIS WARRANTY EXTEND BEYOND THE LABOR AND MATERIALS FOR REPAIRING OR REPLACING THE EQUIPMENT DURING THE TERM. THE WRITTEN WARRANTY STATED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY RUSSEL WILLIAMS TO CUSTOMER. RUSSEL WILLIAMS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY REGARDING THE RENTAL, INSTALLATION, MAINTENANCE OR USE OF THE EQUIPMENT. THIS DISCLAIMER APPLIES TO ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) RELATED TO OR ARISING IN ANY WAY OUT OF THE RENTAL, INSTALLATION, MAINTENANCE OR USE OF THE EQUIPMENT. CONSTRUCTION OF THE DISCLAIMERS ABOVE AND RESOLUTION OF DISPUTES THEREOF ARE SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA
Additional Terms and ConditionsThis Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any and all disputes between Customer and Russel Williams arising from this Agreement shall be heard in Hennepin County District Court, Hennepin County, Minnesota. Except as provided herein, neither Russel Williams nor Customer shall have the right to assign this Agreement or any of the rights or obligations hereunder. Customer shall pay all reasonable attorney’s fees and costs incurred by Russel Williams in protecting its rights under this Agreement and for any action taken by Russel Williams to collect any amounts due Russel Williams or enforcing its rights hereunder. This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors and assigns. The headings inserted at the beginning of each paragraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any of the terms or provisions hereof. This Agreement contains all of the agreements, terms, covenants, conditions, warranties, and representations made or entered into by and between the parties, and supersedes all prior discussions and agreements, whether written or oral, between the parties and constitutes the sole and entire agreement between the parties with respect thereto. This Agreement may not be modified or amended unless such modification or amendment is set forth in writing and executed by all parties hereto. Acceptance of returned Equipment by Russel Williams does not constitute a waiver of any of its rights under this Agreement. All representations and warranties and obligations which by their nature are continuing shall survive the termination of this Agreement, whether by expiration of the Term or otherwise.
Russel Williams Home Services LLC d/b/a The Holiday Light Company612-423-3059Info@RusselWilliams.comWWW.RusselWilliams.comWWW.TheHolidayLightCompany.com
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Document Name: Holiday Light Rental Agreement
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