How our lighting work is governed. There is nothing to sign, you accept by paying your invoice.
This is the standard Magee Lighting Service Agreement. The copy you receive with your Proposal arrives with your name, service address, contact details, proposal number, and date filled in automatically. Review those details, and email alec@mageelighting.com if anything is wrong before you pay.
This Agreement consists of, in this order of precedence:
If these documents conflict, the document listed first controls, except that the Proposal controls on price, scope, package, add-ons, and the selected payment plan.
Together these are the "Agreement." The dollar figure identified in the Proposal as the project total, including any convenience fee and after any package or plan discount, is the "Total Contract Price."
We send you all of these documents by email. There is nothing to sign. You accept this Agreement by paying your invoice. See Section 21.11.
Magee Lighting provides seasonal and decorative lighting services for residential and commercial properties in the greater Atlanta area, including:
The specific services you are buying are the ones itemized in your Proposal. Nothing else is included.
Holiday lighting is sold in tiered packages. The package you are buying, its contents, and its price are those stated in your Proposal.
Package contents and prices are published at mageelighting.com/pricing and sync from our catalog. The package price that governs is the price stated in your Proposal. Later published price changes do not change your Proposal.
Unless your Proposal says otherwise in writing, the Services do not include:
Work outside the Proposal is a change order under Section 5.
Either of us may request a change. A change is only binding when we issue a revised Proposal or an add-on invoice and you approve it in writing, which includes email. Change orders may change the price and the install date. Changes requested after materials are ordered or after installation has begun may carry additional charges, which we will quote before doing the work.
You agree to:
If we arrive and cannot work because a responsibility in this Section was not met, that is a missed appointment under Section 9.6.
7.1 Every item is designated in the Proposal. Each material line item in your Proposal is marked as either Company-Owned or Customer-Purchased. A single project may include both. For example, you may purchase a custom wreath or monogram while the roofline strands, cords, clips, and timers remain ours.
7.2 Default if the Proposal is silent. If an item is not designated, it is Company-Owned and Section 7.3 applies to it.
7.3 Company-Owned materials.
7.4 Customer-Purchased materials.
7.5 Stored materials and abandonment. Materials we store for you stay identified to your account. If this Agreement ends and you do not arrange the return of stored Customer-Purchased materials within 60 days after we send written notice to the email and mailing address in this Agreement, we may treat those materials as abandoned and dispose of them, and you release us from any claim for their value.
7.6 Permanently installed lighting. Landscape lighting, architectural lighting, and any other lighting the Proposal describes as permanent is Customer-Purchased and becomes a permanent part of the property. It is not removed at the end of a season, is not stored, and is not available under the Company-Owned model.
7.7 Custom items. Custom, made-to-order, monogrammed, or specially procured items are identified as such in the Proposal, are always Customer-Purchased, and are treated under Section 11.7 on cancellation.
7.8 If this Agreement ends. Company-Owned materials remain ours and we will schedule their removal. Customer-Purchased materials paid for in full are yours. Customer-Purchased materials not yet paid for in full remain ours unless you pay the balance owed on them. Section 11 governs all money.
8.1 Preferred date and scheduling window. You give us a preferred install date. We schedule the actual install within a window of approximately two weeks before to two weeks after that date. For weddings and events, we schedule to your event date instead.
8.2 Confirmation. We confirm your install appointment by email and calendar invitation. All times are America/New_York.
8.3 Payment before install. We do not install until the amounts required by your payment plan under Section 9 have cleared. If a payment is late, your install date may be released and rescheduled to the next available slot.
8.4 Season dates and removal. For holiday lighting, the display season runs from install through January 1 or the date stated in the Proposal. We remove the display after the season on a date we schedule, weather permitting, generally between January 2 and January 31. Removal is included in the Total Contract Price. You do not need to be home for removal, but you must provide the access described in Section 6.
8.5 Event removal. For weddings and events, we remove within 24 to 48 hours after the event unless the Proposal says otherwise.
8.6 In-season service. If any part of the display we installed stops working because of a defect in our materials or workmanship, tell us and we will repair or replace it at no charge during the season. See Section 12. Service calls caused by something else, including your own changes, storm damage, animals, vandalism, or a power problem on your side, are billable at our then-current service rate.
9.1 How you pay. We invoice through Square. You may pay by the methods Square offers. All amounts are in U.S. dollars.
9.2 No automatic charges. We do not automatically charge your card. Square may invite you to save a payment method for convenience, and you may decline. Saving a card does not authorize us to charge it. Every payment under this Agreement requires you to act on the invoice Square sends you.
9.3 Standard terms. Unless you select a plan below, you pay a deposit of 50% of the Total Contract Price when you accept the Proposal, and the balance is due on the day of installation.
9.4 Monthly Payment Plan (optional). If your Proposal shows the Monthly Payment Plan:
9.5 Two-Year Plan (optional, holiday lighting only). If your Proposal shows the Two-Year Plan:
9.6 Missed appointments and rescheduling. If we cannot perform on a scheduled date because a Section 6 responsibility was not met, or because you reschedule with fewer than 3 business days' notice, we may charge a trip fee of $100. Rescheduling is not cancellation. Rescheduling does not trigger the fee in Section 11.2.
9.7 Late payment. Amounts not paid when due accrue interest at 1.5% per month or the maximum rate Georgia law allows, whichever is less, from the due date until paid. You are responsible for reasonable collection costs and attorney's fees actually incurred, as allowed by O.C.G.A. § 13-1-11.
9.8 Returned payments. Returned or reversed payments carry a $30 fee, to the extent permitted by law.
9.9 Taxes. Prices exclude sales and use tax. Applicable taxes are added to your invoice.
9.10 Chargebacks. If you dispute a charge, contact us first at alec@mageelighting.com. Filing a chargeback for services performed and accepted is a breach of this Agreement.
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
For this Agreement, the date of the transaction is your Acceptance Date, meaning the date we receive your first payment. See Section 21.11. We confirm that date to you in writing when your payment posts, together with a completed copy of the Notice of Cancellation in Exhibit A.
If you cancel within that period, we refund every dollar you have paid, in full, within ten (10) business days, and we cancel and return any instrument you signed. No cancellation fee under Section 11.2 applies. The convenience fee in Section 9.4 is refunded.
We do not begin work and do not order custom materials during this three-day period unless you ask us in writing to start sooner and acknowledge that you are doing so.
This Section overrides anything else in this Agreement.
11.1 The three-day right comes first. Section 10 controls for the first three business days after you sign. Nothing in this Section 11 reduces that right.
11.2 Cancellation by you after the three-day period.
You may cancel this Agreement at any time by giving us written notice under Section 11.8.
If you cancel after the period in Section 10 and for a reason other than our uncured material breach, you owe a cancellation fee equal to fifteen percent (15%) of the Total Contract Price. This is calculated on the full Total Contract Price for the Service Year or Service Years not yet performed, not on the amount you have paid to date.
Settlement works as follows:
11.3 Monthly Payment Plan subscribers. Section 11.2 applies to you in the same way. In plain terms: if you cancel after the three-day period, the installments you have already paid are retained by us, up to a maximum of 15% of the Total Contract Price. If your paid installments total less than 15%, everything you have paid is retained and nothing further is owed. If your paid installments total more than 15%, we refund the excess. The $99 convenience fee is retained and counts toward the amount retained.
11.4 Two-Year Plan subscribers. Section 11.2 applies to the Service Year or Service Years not yet performed. In addition, the discount recapture in Section 9.5 applies. A Service Year that has been fully installed and removed is not refundable.
11.5 Why this fee exists (liquidated damages). You and Magee Lighting agree that:
(a) Our actual loss from a cancellation is difficult or impossible to estimate accurately at the time this Agreement is signed. Our business is seasonal and capacity-limited. When we accept a project we reserve a design slot, a crew, an install date, storage capacity, and material inventory for you, and we decline other work for that window. Once the window passes, the slot cannot be resold.
(b) The 15% figure is the parties' reasonable pre-estimate, made at signing, of the probable loss we suffer on a cancelled project. It is intended to approximate our design and consultation labor, material procurement and restocking, crew scheduling and lost slot capacity, payment processing and administrative cost, and reserved storage.
(c) This fee is intended as compensation for that loss and is not intended as a penalty, a deterrent, or a punishment for cancelling. Neither party intends it to punish or to discourage cancellation.
(d) If a court finds this fee unenforceable, the fee is severed and we may recover our actual damages proved, and you may recover any amount we retained above those actual damages.
11.6 Cancellation or termination by us. We may terminate this Agreement if:
If we terminate because of your nonpayment or your uncured failure, Section 11.2 applies as though you cancelled.
If we terminate for any other reason, including our own scheduling problems, a safety condition, or unavailable materials, we refund 100% of what you have paid, including the convenience fee, within ten (10) business days. No cancellation fee applies. This is your sole remedy for our termination.
11.7 Custom and special-order items. Items identified in the Proposal as custom, made-to-order, monogrammed, or specially procured for you are non-cancellable and non-refundable once ordered, and their cost is payable in addition to the fee in Section 11.2. We will identify any such items in the Proposal before you sign, and we will not order them during the Section 10 period.
11.8 How to cancel. Send written notice to:
Magee Lighting, LLC
8735 Dunwoody Place, Suite R
Atlanta, GA 30350
Email: alec@mageelighting.com
Notice may be in any form as long as it states your intention not to be bound. Cancellation is effective on the date we receive it, or for mailed notice, the postmark date. We will confirm in writing within 3 business days.
11.9 Rescheduling is not cancellation. Moving your install date within the season does not trigger a cancellation fee. See Section 9.6.
11.10 Refund method and timing. All refunds owed under this Agreement are issued to the original payment method within ten (10) business days of the effective cancellation date. Square processing times may add a few days on their end.
12.1 Workmanship and materials. We warrant that the Services will be performed in a workmanlike manner and that Company-supplied materials will be free from defects for the duration of the season covered by your Proposal. If a covered defect appears, tell us and we will repair or replace at no charge. This is your exclusive remedy for a defect.
12.2 What the warranty does not cover. Damage or failure caused by: weather, wind, ice, storms, or lightning; animals, rodents, or insects; vandalism or theft; power outages, surges, or problems with your electrical system; your own or a third party's alteration of the installation; or normal wear on Customer-Purchased materials.
12.3 Disclaimer. EXCEPT AS STATED IN SECTION 12.1, THE SERVICES AND MATERIALS ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.
We take care with your property. Installing an exterior display involves ladders, roofs, fascia, gutters, and trees, and some contact is unavoidable.
We are responsible for physical damage to your property caused by our negligence. We are not responsible for:
Report any claimed damage in writing within 10 days of the install or removal date so we can inspect it.
TO THE FULLEST EXTENT PERMITTED BY LAW:
14.1 NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, OR LOST GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
14.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL CONTRACT PRICE ACTUALLY PAID BY YOU FOR THE PROJECT GIVING RISE TO THE CLAIM.
14.3 Section 14.2 does not apply to our liability for bodily injury or death caused by our negligence, for damage to real or tangible personal property caused by our negligence, for our gross negligence or willful misconduct, or to any liability that cannot be limited under Georgia law.
14.4 Nothing in this Agreement limits your rights under the Georgia Fair Business Practices Act or any other consumer protection law that cannot be waived.
You will indemnify and hold us harmless from third-party claims arising from: your breach of Section 6, including a claim by a property owner, HOA, or landlord that you lacked authority to authorize the work; your alteration of the installation; or your negligence or willful misconduct.
We will indemnify and hold you harmless from third-party claims for bodily injury, death, or damage to tangible property to the extent caused by our negligence or willful misconduct in performing the Services.
The indemnified party must give prompt written notice and reasonable cooperation, and the indemnifying party controls the defense and settlement, provided no settlement imposing a non-monetary obligation on the indemnified party is made without its consent.
We photograph and record our installations. You grant us a non-exclusive, royalty-free license to use photographs and video of the completed display at the Service Address in our portfolio, on our website, on social media, and in advertising.
We will not publish your name, street address, or house number without your separate written permission.
How to opt out. If you do not want images of your property used in our marketing, email us at alec@mageelighting.com. You may do this at any time, before or after installation. We will stop using those images going forward and remove them from the channels we control within a reasonable time. Images that have already been reshared by other people, or that appear in printed materials already produced, may not be recoverable.
17.1 Messages we need to send. By giving us your email address and phone number and accepting this Agreement, you agree to receive the communications we need in order to do the work. These include proposal and quote confirmations, invoices and payment reminders from Square, scheduling and install-day messages, preparation instructions, and service and removal notices. We send these by email and by text. Message and data rates may apply. You may reply STOP to stop texts, but that may affect our ability to schedule and invoice you, and we will contact you by email and phone instead.
17.2 Marketing email. We may send you marketing and promotional email. Every marketing email includes an unsubscribe link. You may also opt out at any time by emailing alec@mageelighting.com.
17.3 Marketing texts and calls. We do not send marketing or promotional text messages, and we do not make marketing or telemarketing calls, to the phone number you give us under this Agreement. If we offer that in the future we will ask for your separate express written consent first, and it will never be a condition of buying anything from us.
We collect the information you give us and use it to quote, schedule, perform, and invoice the Services. We use third-party processors, including Square for payments and customer records and Google for scheduling and email. We do not sell your personal information. Our privacy policy at mageelighting.com/privacy governs.
We may use trained subcontractors and remain responsible for their work under this Agreement. Nothing here creates a partnership, joint venture, employment, or agency relationship between us.
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including severe weather, ice, high wind, lightning, fire, flood, power failure, supply chain failure, labor shortage, epidemic, civil disturbance, or government action.
Weather delays are common in this work and are not a breach. We will reschedule as soon as conditions allow. If a force majeure event prevents performance for more than 30 days, either party may terminate, and Section 11.6's refund terms apply as though we terminated for a reason other than your fault.
21.1 Governing law. Georgia law governs, without regard to conflict of laws rules.
21.2 Venue. The state and superior courts of Fulton County, Georgia have exclusive jurisdiction, except that either party may bring a qualifying claim in the Magistrate Court of Fulton County (small claims).
21.3 Dispute resolution. Before filing suit, the parties will attempt in good faith to resolve the dispute by direct discussion for at least 30 days after written notice describing the dispute.
21.4 Attorney's fees. The prevailing party in litigation to enforce this Agreement is entitled to its reasonable attorney's fees and costs, as allowed by law.
21.5 Assignment. You may not assign this Agreement without our written consent. We may assign it in connection with a sale of the business or substantially all of its assets, on notice to you.
21.6 Notices. Notices are effective when sent to the email addresses in this Agreement or when delivered to the physical addresses, except that cancellation notices follow Section 11.8.
21.7 Severability. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed if it cannot be, and the rest of the Agreement stays in effect.
21.8 No waiver. Our failure to enforce a provision is not a waiver of it.
21.9 Survival. Sections 7, 9.7, 11, 12.3, 13, 14, 15, 16, 18, and 21 survive termination.
21.10 Entire agreement. This Agreement is the entire agreement between us on this subject and supersedes all prior discussions, quotes, and representations. It may only be amended in writing confirmed by email by both parties.
21.11 How this Agreement is formed. We deliver this Agreement to you electronically, together with your Proposal and your invoice. You accept this Agreement by paying your invoice. Paying the invoice, in whole or in part, means you have read this Agreement and agree to be bound by it, including the cancellation and refund policy in Sections 10 and 11. The date we receive your first payment is your Acceptance Date. No handwritten or electronic signature is required.
21.12 Electronic records. You and Magee Lighting agree that this Agreement, delivered and accepted electronically, is a written agreement enforceable under the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) and the federal E-SIGN Act, and that neither party will contest its validity solely because it was formed electronically. We retain a copy of the exact version of this Agreement sent to you, and we will provide it on request.
THERE IS NOTHING TO SIGN. YOU ACCEPT THIS AGREEMENT BY PAYING YOUR INVOICE.
BEFORE YOU PAY, PLEASE READ THE CANCELLATION AND REFUND POLICY IN SECTIONS 10 AND 11. If you cancel after the three business day period in Section 10, a cancellation fee of 15% of the Total Contract Price applies.
Paying your invoice means you have read and agree to this Agreement. The date of your first payment is your Acceptance Date, and your three business day right to cancel runs from that date.
If you have questions before you pay, email alec@mageelighting.com or call us. We would rather answer them now.
| Proposal number | ____________________ |
| Agreement version | ____________________ |
| Date sent to Customer | ____________________ |
| Acceptance Date (date of first payment) | ____________________ |
MAGEE LIGHTING, LLC
8735 Dunwoody Place, Suite R, Atlanta, GA 30350
alec@mageelighting.com
Date of transaction (your Acceptance Date, the date of your first payment): ____________________
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, TO:
MAGEE LIGHTING, LLC
8735 DUNWOODY PLACE, SUITE R
ATLANTA, GA 30350
NOT LATER THAN MIDNIGHT OF ____________________ (DATE).
I HEREBY CANCEL THIS TRANSACTION.
Date: ____________________
Buyer's signature: ____________________________________