Effective Date: January 1, 2026
This Master Service Agreement (“Agreement”) governs all seasonal display services provided under the Merry & Bright brand (“Company”). By approving a Service Order, paying a deposit, or participating in seasonal services, Client agrees to be bound by this Agreement.
1. Seasonal Display Services
Company provides seasonal lighting design, installation, maintenance (if applicable), removal, and related services (collectively, the “Services”) as described in the applicable Service Order.
Each Service Order is incorporated into and governed by this Agreement.
2. Local Operating Providers
Merry & Bright operates through a network of independently owned and affiliated service providers operating under the Merry & Bright brand.
The specific service provider responsible for performing Services (the “Local Provider”) will be identified in the applicable proposal, invoice, or service documentation.
All Services are performed by the identified Local Provider. Payment obligations, performance responsibilities, and service-related liabilities are solely between Client and the Local Provider.
Use of the Merry & Bright name, logo, systems, or branding does not create a direct contractual relationship with any other affiliated or branded entity unless expressly stated in writing.
Local Providers may operate under different legal names or trade names while utilizing Merry & Bright branding, materials, systems, and operational support.
3. Payment Terms
Existing Clients: A non-refundable scheduling retainer of $350 is required to reserve production capacity.
New Clients: A non-refundable deposit equal to 50% of the total contract amount is required to reserve production capacity.
Remaining balances are due immediately upon completion of installation.
Final payment may be processed using the payment method on file. Electronic payment methods are accepted for convenience and may include a fee of up to 3% as permitted by applicable law and card network rules.
Late payments exceeding 15 days incur a 2% fee. Payments exceeding 30 days incur a 5% fee and may be referred to collections.
Returned payments, disputes, or charge-backs may result in administrative and collection fees.
4. Installment Payment Program & Auto-Renewal
Clients enrolled in an installment payment program acknowledge that the total seasonal service price is divided into scheduled payments as outlined in the applicable Service Order.
Installment participation constitutes enrollment in a recurring seasonal service structure.
Unless Client provides written notice of non-renewal prior to August 1 of the upcoming season, seasonal services and installment billing will automatically renew for the following season.
Earned installments remain due and non-refundable. Failure of automatic payment processing constitutes default under this Agreement.
5. Three-Year Pricing Structure
Pricing is guaranteed for three-year terms provided no material design changes occur.
At the conclusion of each three-year term, pricing automatically renews for an additional three-year period unless otherwise agreed in writing.
Pricing adjustments at renewal may reflect foliage growth, increased labor requirements, fuel costs, material costs, and general operational inflation.
6. Installation & Removal Scheduling
Services are performed within Company’s designated seasonal production schedule. Specific installation or removal dates are not guaranteed unless expressly agreed in writing.
Scheduling may be adjusted due to weather conditions, safety considerations, site access limitations, supply chain delays, or operational requirements.
Display removals (take-downs) begin during the first week of January annually and proceed systematically based on routing, weather conditions, and safety.
7. Cancellation, Non-Renewal & Pause
Deposits and retainers are non-refundable once production preparation has begun.
If Client cancels after materials have been ordered, prepared, or allocated, Client remains responsible for associated costs.
Once installation is complete, the full contract amount is earned and non-refundable.
Seasonal services renew annually unless Client provides written notice of non-renewal prior to August 1.
Client may elect to pause services for one season by providing written notice prior to August 1.
Cancelled or paused projects will be held for up to twelve (12) months. After twelve (12) months, materials may be repurposed, recycled, donated, or otherwise disposed of at Company’s discretion.
8. Property Condition & Installation Risk
Client represents and warrants that roofing, gutters, fascia, siding, and installation surfaces are structurally sound and in good repair.
Company utilizes industry-standard temporary attachment methods whenever possible.
Company is not responsible for:
• Pre-existing damage
• Brittle or aging shingles
• Improper prior roofing installation
• Structural deficiencies
• Cosmetic variations or minor surface impressions consistent with temporary lighting installation
• Claims not reported in writing within 72 hours of installation
Under no circumstances shall Company be responsible for full roof replacement or structural remediation unless gross negligence is legally established.
9. Electrical Requirements
Client must provide safe, adequate, GFCI-protected electrical outlets sufficient for the lighting package.
Company is not responsible for overloaded circuits, faulty wiring, insufficient electrical supply, or third-party electrical conditions.
Client shall not connect personal decorations or appliances to Company-installed circuits.
10. Service & Warranty
Installation-related defects reported within 72 hours will be corrected within a commercially reasonable time frame.
Weather-related outages including wind, snow, ice, and rain are not covered under warranty and may result in service charges.
Service calls may include:
• Trip charge
• Hourly labor rate
• Replacement materials
Service availability may be limited during peak holiday periods.
11. Limitation of Liability
To the fullest extent permitted by law, Company’s total liability for any claim arising under this Agreement shall not exceed the total amount paid under the applicable Service Order.
Company shall not be liable for indirect, incidental, consequential, aesthetic, or emotional damages.
12. Force Majeure
Company shall not be liable for delays or failure to perform due to weather events, natural disasters, labor shortages, supply chain interruptions, governmental actions, or events beyond its reasonable control.
13. Dispute Resolution
Any dispute arising under this Agreement shall first be submitted to mediation.
If unresolved, disputes shall be resolved through binding arbitration in the Commonwealth of Massachusetts.
The prevailing party shall be entitled to reasonable attorney’s fees and costs.
14. Right of Refusal
Company reserves the right to refuse or discontinue service at any property deemed unsafe or hazardous.
15. Marketing Authorization
Client grants Company permission to photograph and/or video the display and use such media for marketing, promotional, and portfolio purposes without compensation.
16. Agreement Updates
Company may update this Agreement from time to time. Continued participation in seasonal services constitutes acceptance of the then-current version.