M. D. Miller Photography (dba Omaha Yard Card Celebrations) Terms Of Service Effective 01/21/2021
This is an agreement between M. D. Miller Photography dba Omaha Yard Card Celebrations (Provider) and you (Customer), the purchaser of Provider’s services.
Ordering: Orders are not booked until accepted by Provider. After placing an order, a separate email will be sent confirming acceptance of the order.
Rental: The service provided is a RENTAL. All signage and related items remain property of Provider.
Set Up: Yard displays are usually set up the evening before your event. Customer is responsible for getting permission from the homeowner, business owner, or respective management company, to allow Provider to perform services ordered. If this is a gift/surprise Customer is responsible to let the homeowners know that Provider will be setting up in their yard. Provider does not make contact upon arrival when setting up nor picking up the display.
Damages: Lost and damaged signs harm Provider by preventing them from fulfilling other contracts. Customer agrees to pay full retail price for the expedited replacement of any damaged or missing display items. Replacement prices vary from $30 to over $100 per item (replacement of a full display may exceed $1000). Keep pets and children away from the display. No jumping or playing around the display.
Do not move, touch, nor remove the display. Provider will perform all display set up and removal. If any changes to the display are required after setting up, contact Provider to make arrangements.
Do not use lawn equipment around the display. Turn off sprinklers while the display is set up.
Do not attach anything to the display. Do not use Silly String nor bubble machines around the display.
Customer is responsible for damages even when the service provided is a gift to a 3rd party.
Site Preparation: Please clean up any pet waste and trash from the display area before Provider arrives for setting up. Lawns need to be watered prior to display set up such that the stakes can be inserted into the ground.
Cancellations: Bookings cancelled more than 2 weeks prior to the display date will be refunded in full, less a $20 administrative fee. Cancellations received 2 weeks or less from the display date will not be refunded.
Postponements: Date changes are subject to a $20 administrative fee. Provider will waive the administrative fee one time when the change is requested more than 2 weeks prior to the display date.
Fees & Payment: Payment in full must be received before the order will be accepted. Unpaid orders will not be accepted nor booked. Administrative fees must be paid at the time they are incurred.
Incorrect Information, Refusal of Service, Inability To Complete Service: Provider will make a best effort attempt to provide the requested services according to the information provided by Customer. In the event that incorrect, or insufficient information is provided, which prevents Provider from completing services as intended, Customer forfeits all payments to Provider. In the event the services are refused (or removal is requested) by the intended recipient or the parties responsible for the display location, Customer forfeits all payments to Provider. If Provider is unable to access a gated community or home, Customer forfeits all payments to the Provider. A second attempt may be requested by Customer for an additional fee of $25, which must be paid before Provider will try again.
Force Majeure: No refunds will be given in the event Provider is unable to complete the requested services because of a Force Majeure event. This includes, but is not limited to, restrictions because of COVID-19.
Hazardous Weather: Dangerous weather conditions that could cause personal injury or damage to property may delay the set up of the display. Dangerous weather conditions include, but are not limited to lightning, tornadoes, blizzards, hail, ice, flooding, and wildfire. Provider will make a best-effort attempt to set up the display after hazardous weather has passed. If Customer refuses service after a hazardous weather event, the booking fee is forfeited by the Customer.
Animals: If, at the discretion of Provider, the display location cannot be safely accessed because of animals, Customer forfeits all payments to Provider.
Personal Safety: If at any time while fulfilling the order, Provider fears for their safety, they will immediately leave the area, and will not complete the set up of the display. Provider will contact Customer and advise regarding the safety issue. Provider will return to pick up display after it is safe to do so. If Provider is unable to complete setup due to safety, Customer forfeits all payments made to Provider.
Special Requests & Artistic Freedom: Provider will make a best effort attempt to provide a display that meets the requirements as ordered by Customer. Provider has creative freedom on how to arrange the display. Special requests (such as, but not limited to, specific signs or colors) are not guaranteed. Placement of the display is at the sole discretion of Provider.
Customer agrees to allow Provider to take photos of the display, including areas near and adjacent to the display. Provider may use photos they take at their discretion.
Indemnification: Customer agrees that Provider is not responsible for any injury or damage that may occur after display is set up.
BY CONTINUING, AND COMPLETING AN ORDER, CUSTOMER AGREES TO ALL OF THE TERMS AND CONDITIONS ABOVE.