RESIDENTIAL LIGHT TUNNEL SERVICE AGREEMENT
Introduction: This Residential Light Tunnel Service Agreement ("Agreement") is entered into by and between Enchanted Arches, LLC, a Texas limited liability company ("Enchanted Arches", "we", "us", or "our"), and the undersigned customer ("Customer", "you", or "your"). This Agreement governs the terms of the seasonal installation and maintenance of decorative light tunnels at the Customer’s property.
By submitting a Light Tunnel quote request through our website, entering your full name and email, and checking the box indicating your agreement, you affirm that:
1. You are at least 18 years old and legally authorized to enter into this Agreement.
2. You have read, understood, and agree to be legally bound by these Terms and Conditions.
Estimate and Pricing: Enchanted Arches, LLC will provide a written estimate based on your described layout. Post-installation design changes will result in additional charges. All lights, cords, and electrical accessories must be provided by Enchanted Arches, LLC.
Term and Schedule: Installations will begin on or after November 1st, based on what is most feasible for Enchanted Arches, LLC.
Payments: Deposits are due within fifteen (15) days of receiving the invoice or by the due date printed on the invoice, whichever occurs first, to confirm Light Tunnel installation. The remaining balance is due no later than twenty-four (24) hours before the installation date. All payments are non-refundable. Any discounts will be voided if the remaining balance is not paid twenty-four (24) hours prior to installation. Balances unpaid by this deadline will result in cancellation of services. Payment must be made via credit/debit card or ACH bank transfer through the provided invoice.
Installation Scope: Enchanted Arches, LLC will install Light Tunnel(s) according to the approved layout and in compliance with property boundaries. The Customer must ensure access and obtain any necessary permissions to allow installation at the stated location. Installations will be placed along the public sidewalk and will not extend beyond the Customer’s property line. Light Tunnels will be positioned to avoid encroachment on driveways, streets, or public walkways. Extension cords provided by Enchanted Arches, LLC will be strategically placed and concealed within landscaping to the extent reasonably possible. A timer will be installed at a location selected by Enchanted Arches, LLC unless the Customer requests specific placement prior to installation. Enchanted Arches, LLC reserves the right to decline service at properties deemed unsafe. The Customer affirms they have authority to approve the installation site and are responsible for securing any required permissions or permits.
In addition to the general indemnification provisions in this Agreement, the Customer specifically agrees to indemnify and hold harmless Enchanted Arches, LLC from any claims, disputes, or legal actions resulting from installations that encroach on third-party or public property. Due to the twisting nature of light strands, consistent bulb orientation on arches is not guaranteed.
Promotional Signage: Enchanted Arches, LLC may place a small promotional sign near or on the Light Tunnel, which may include a QR code linking to service information. Placement will be professional, discreet, and limited to the display period. By executing this Agreement, the Customer affirms they are authorized to approve such signage at the installation site and grant permission for its placement.
Teardown: Teardown is included at no additional cost and has no cash value. No appointment is required. Teardown will occur on January 2nd or the first weekend of January, whichever is most feasible for Enchanted Arches, LLC, and will be completed no later than January 14th.
Storage: Climate-controlled storage is provided to all Enchanted Arches, LLC Customers and is valid for one year only. Any Light Tunnels not installed in the following season will not be stored. Storage extensions are contingent upon successful annual service renewal.
Light Tethering and Extension Cord Tethering: The Customer may not tether additional lights and/or personal extension cords to the Light Tunnel. This restriction prevents exceeding the maximum wattage capacity of the extension cords, thereby reducing the risk of fire hazards. Failure to comply will result in contract termination.
Power Source and Extension Cord Use: All power connections, including extension cords and timers, must remain in the original configuration as installed by Enchanted Arches, LLC, unless relocated to another outdoor GFCI-protected outlet. Cords may not be run indoors through doors, windows, or to interior outlets, as this creates serious safety and fire hazards. The Customer is responsible for ensuring any relocation maintains proper electrical safety. Unauthorized modifications may void warranty coverage and result in service limitations or cancellation. Enchanted Arches, LLC is not liable for outages, malfunctions, or damage resulting from alterations to the power source or configuration.
Service Calls: Enchanted Arches, LLC makes no warranties, express or implied, except as specifically stated in this Agreement, including any warranty of merchantability or fitness for a particular purpose. All workmanship is guaranteed through the current holiday season only. Lighting will be tested at installation and left fully functional. Customers must make reasonable efforts to report performance issues requiring standard maintenance. Each Light Tunnel package includes a full-season guarantee covering PVC piping, fittings, timers, and extension cords at no additional cost. One (1) free service call is included to replace a single malfunctioning light strand between installation and 48 hours before the holiday. Restrictions apply to service calls requested between Christmas Eve and New Year’s Eve.
A service fee of $75.00 will apply to repairs resulting from the following:
1. Damage caused by animals (e.g., chewing through wires)
2. Customer modifications (e.g., tethering personal lights, cords, or decorations)
3. Vandalism
4. Failure of more than one strand of LED lights
5. Damage to tunnel framing or power cables due to negligence by the Customer or a third party
Insurance: Enchanted Arches, LLC maintains a commercial general liability insurance policy with a coverage limit of $1,000,000 per occurrence, including bodily injury, property damage, and subcontractor liability. Proof of insurance is available upon request. While all reasonable care is exercised during installation, removal, and storage, Enchanted Arches, LLC shall not be held liable for any damage except that which results from its own negligence. This insurance does not alter or replace the indemnification obligations set forth in this Agreement.
Customer Responsibility: The Customer is responsible for determining property boundaries and ensuring the installation area is free of underground utilities, sprinkler systems, or other concealed hazards. The Customer is also responsible for maintaining a safe and secure environment around the Light Tunnel, including taking reasonable steps to prevent obstruction, interference, or tampering by third parties. Enchanted Arches, LLC is not liable for damage to underground systems or concealed property features unless caused by gross negligence. Additionally, Enchanted Arches, LLC is not responsible for damage to vehicles, existing lights, or decorations during or after installation. The Customer is responsible for compliance with all applicable holiday lighting codes, HOA rules, and local ordinances. Enchanted Arches, LLC shall not be liable for any fines or penalties arising from the installation.
Construction Damages: Enchanted Arches, LLC accepts responsibility for any physical damage to the property caused by its team during installation, excluding hidden utility damage unless gross negligence applies. Enchanted Arches, LLC is not liable for damage to underground utilities, sprinkler systems, or unseen property features unless caused by gross negligence.
Ownership of Light Tunnel Hardware and LED Lights: All Light Tunnel hardware, including frames, PVC piping, fittings, extension cords, and related components, shall remain the sole and exclusive property of Enchanted Arches, LLC at all times. Ownership of the LED lights shall also remain with Enchanted Arches, LLC for the duration of the service contract. Upon non-renewal or termination of the service contract, ownership of the LED lights will transfer to the Customer as a gift. Enchanted Arches, LLC will arrange delivery of the LED lights to the Customer’s installation address during the subsequent operating season’s business hours.
Cancellation of Services: Services may be cancelled by providing written notice to Enchanted Arches, LLC, or by refusing to pay the deposit by the due date printed on the renewal invoice. All cancellations are final. Reactivation of services will require execution of a new service contract.
Photo and Video Release: By submitting a Light Tunnel quote request and agreeing to these Terms, you grant Enchanted Arches, LLC and its affiliates the unrestricted right to capture, use, and publish photos, video, or other media of the installed Light Tunnel and surrounding property for lawful purposes, including advertising and promotional materials, without further notice or compensation. This media may be edited, altered, or combined with other content and used worldwide, in perpetuity. All rights to the media remain solely with Enchanted Arches, LLC and its assigns. You may opt out by providing written notice prior to installation.
RELEASE OF LIABILITY
In consideration of your participation in the Light Tunnel installation activity organized by Enchanted Arches, LLC, located at 16841 Caperi Dr., Pflugerville, TX 78660, and/or your use of its services or presence on property where its services are performed, you agree to the following:
A) AGREEMENT TO FOLLOW INSTRUCTIONS
You agree to follow all posted rules, safety guidelines, and verbal instructions provided by Enchanted Arches, LLC or its staff. These directions are intended to ensure safe and proper installation, maintenance, and use of the Light Tunnel.
B) ASSUMPTION OF RISKS AND RELEASE
Your participation is knowing and voluntary, undertaken for your enjoyment. You recognize inherent risks associated with the Light Tunnel installation and accept full responsibility for personal injury to yourself and other community members. You release and discharge Enchanted Arches, LLC from any claims for physical or psychological injury, pain, suffering, illness, disfigurement, disability, death, or economic loss arising from your or other community members’ use of or presence near the installation, regardless of cause. This release includes claims for negligence, but does not include claims arising from gross negligence or willful misconduct.
C) INDEMNIFICATION
You agree to indemnify and defend Enchanted Arches, LLC against any claims, damages, expenses, including attorney fees and litigation costs, arising from the use or presence of yourself or others in the Light Tunnel.
D) DAMAGE RESPONSIBILITY
You agree to pay for damage to equipment owned by Enchanted Arches, LLC caused by negligence, vandalism, or misuse. You release and hold harmless Enchanted Arches, LLC and its employees, agents, and subcontractors from claims arising from use or misuse of the Light Tunnel, except where caused by gross negligence or willful misconduct. Unauthorized modifications or attachments, including added lights or cords, void all warranties and release liability.
E) LIMITATION OF LIABILITY
Enchanted Arches, LLC shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits or business interruption. Total liability shall not exceed the total amount paid by Customer under this Agreement.
F) EXPENSES
You agree to pay for all damage caused to the Light Tunnel as a result of your or other community members’ negligent, reckless, or willful actions.
G) NO DURESS
You acknowledge having had a reasonable opportunity to review this Agreement, are not under pressure to sign, and are free to consult legal counsel.
H) APPLICABLE LAW AND VENUE
This Agreement is governed by Texas law. Any disputes shall be resolved exclusively in Travis County, Texas.
H-1) DISPUTE RESOLUTION
Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with hearings held in Travis County, Texas. Judgment upon the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own legal fees and costs, unless otherwise determined by the arbitrator.
I) BINDING EFFECT, ENFORCEABILITY, AND SEVERABILITY
This Agreement is legally binding and enforceable. Each party represents authority to enter into this Agreement. If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, so that the remainder of this Agreement remains in full force and effect.
Force Majeure: Neither party shall be liable for failure or delay in performance due to circumstances beyond reasonable control, including acts of God, severe weather, power outages, pandemics, government orders, war, civil unrest, labor shortages, or supply chain disruptions (“Force Majeure Events”). Affected parties shall be excused for the duration, with time for performance extended accordingly. Such delays do not constitute breach or penalty. Reasonable efforts must be made to resume performance promptly after the event.
Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior agreements or representations, whether written or oral. No other agreements, promises, warranties, or representations, not expressly stated herein, shall be binding.
Amendments: No amendment, modification, or waiver shall be valid unless in writing and signed by both parties. Oral modifications have no effect. This includes changes to installation details, pricing, payment terms, or service provisions.
SMS/Text Message Communication Consent: Enchanted Arches, LLC may send automated text messages to the phone number on file regarding invoicing and payments, installation and project scheduling, and maintenance and service updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. This consent is not required to sign the agreement or make a purchase.
Acknowledgment and Acceptance: By checking the box labeled “I agree to the Terms of Service” when submitting a Light Tunnel quote request through our website, you acknowledge and agree that this action constitutes your electronic signature and acceptance of this Agreement, as defined under the federal E-SIGN Act and applicable Texas law.