JONES LIGHITNG LLC SERVICE AGREEMENT
Leasing of Residential Lighting Displays
This service agreement (the "Agreement") is made and entered into between Jones Lighting ("Designer," "we," "our" and you the client. This Agreement pertains to services we are providing to you as described in Section 2 ("Services").
DESCRIPTION OF EVENT (the "Event")
Leasing of lighting display at your residence. Jones Lighting owns the equipment being leased by you and installs and removes it from you residence. At no time does the client own any of the equipment or materials in the lighting display. The client is responsible for reasonable care of equipment and supplies leased to them for the leasing period.
1. SCOPE OF SERVICES
We are performing services in connection with the Event, including, but not limited to, event design, production execution, and delivery and installation services. We are performing no other Services unless authorized by you in advance.
2. TERM OF AGREEMENT
This Agreement begins on the Effective Date and ends upon completion of load out of he the last day for the Event. You may terminate this Agreement, in whole or in part, upon written notice to us. If this Agreement, or any portion, is terminated, the parties will negotiate, in good faith, a fair and reasonable financial settlement, based upon the amount of time we have devoted to the Event and all non-cancelable expenses committed up to the date of termination of this Agreement.
4. COMPENSATION
4.1 Prepayment of Leased lighting displays is required
4.2 Package pricing provides a baseline for pricing. Additional equipment used on your display will be at an additional charge. Change Orders will need the approval of both you and Jones Lighting LLC. Change Orders become a part of this contract and the terms of the "Change Order" will be in force.
5. LOSS AND/OR BREAKAGE
5.1 All items listed in the Proposal/budget are on a leased basis, unless noted, and any items provided by you remain the property of your supplier or us. Any loss or damage to these items will be the responsibility of you and will be charged at the full replacement cost.
6. BILLING PROCEDURES
All services are to be prepaid either in person, mail or via the website. No displays will be setup before payment has been received.
7. INSURANCE
Any and all vendors working on behalf of Designer shall carry a policy of general liability insurance with limits not less than $1 million.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 You shall indemnify, defend and hold Designer harmless for any and all claims, injuries, damages and costs including any attorney’s fees incurred by Designer in any action or proceeding related to the Event.
9. INDEPENDENT CONTRACTOR DECLARATION
9.1 We are acting as an independent contractor in the performance of Services, and nothing contained in this Agreement is deemed to create an agency, joint venture or partnership between you and us. Neither party is holding itself out contrary to the terms of this clause. Jones Lighting LLC is an event lighting company and not a licensed Electrical contractor. Any electrical work needed for the lighting displays will need to be performed by a licensed electrical contractor and not by Jones Lighting LLC.
10. FORCE MAJEURE
10.1 Neither Designer nor you are liable in any manner for any loss, cause of action, damages or expenses due to acts of God, strikes, lockouts, boycotts, riots or civil commotion, inability to secure services, goods or materials through normal channels, acts of authorized governmental agencies or any other cause beyond the reasonable control of either party.
11. RULING LAWS
11.1 This agreement is made in reference to the laws of the State of California and shall be construed and interpreted under and in accordance with the laws of the State of California. Venue at all times shall be deemed to be the County of Orange, State of California.
12. ATTORNEYS FEES AND DISPUTES
12.1 In the event of an action or other proceedings between the parties for the breach of or to enforce any provision or rights under this Agreement, the prevailing party shall be entitled to all costs or expenses, expressly including, but not by way of limitation, all actual attorney’s fees incurred.
12.2 Any dispute arising under this Agreement shall be submitted to Mediation as a first course of remedy.
13. MISCELLANEOUS
14. This Agreement contains the entire understanding of the parties relating to the subject matter of this Agreement and merges all prior and contemporaneous written and oral proposals, discussions and Service Agreement between Jones Lighting and You pertaining to this Agreement. If there are any conflicts between the terms and conditions of this Agreement and the terms and conditions in the Service contract, the terms and conditions of Sections 1 – 14 of this Agreement will supersede. This Agreement may be amended only in writing expressly stating intent to amend and signed by an officer of each party. A signature on a copy of this Agreement received by either party by facsimile is binding on the other party as an original. A photocopy of such facsimile may also be treated by the parties as a duplicate original. This Agreement may be signed in two counterparts, which together form a single agreement as if both parties had executed the same document. If you pay us pursuant to an invoice, purchase order or other business form submitted by us, the terms of this agreement will prevail if the terms of this Agreement are inconsistent with the terms of the business form.
14.1 INFORMATION YOU PROVIDE TO US.
Upon using the Jones Lighting LLC services, you will be prompted to disclose certain information about yourself and your service requirements, such as home services records, either in person, via email, or on the Jones Lighting web site. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our lighting professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with Jones Lighting LLC and its partners and thus agree to be contacted by Jones Lighting LLC and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Jones Lighting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jones Lighting has the right to refuse any current or future use of the Jones Lighting services (or any portion thereof) by you.
14.2Checking approval on the website is equivalent to your signature on this form.