Legal · Liability & indemnification

Work on your property, and who carries what.

We are an independent contractor. This page sets out how we handle access to your property, conditions that were already there, damage if something goes wrong, and the indemnity each side gives the other.

Last updated November 2026

Plain-language summary

This page explains our position in everyday words. It is not legal advice, and it does not replace the service agreement you sign when you book. If a signed document differs from this page, the signed document controls.

01

Independent contractor status

Evercrest Outdoor Services performs every installation, service call and removal as an independent contractor. Nothing on this website, in a quote, or in an invoice creates an employment, agency, partnership, joint venture or fiduciary relationship between us and the property owner or booking customer.

We direct our own crews, set our own work methods and schedules, supply our own tools, equipment and safety gear, and carry our own insurance. We have no authority to enter into any agreement, purchase or obligation on your behalf, and no one on your staff may direct our crew members or subcontractors as if they were your employees.

02

Authority to authorize the work

By booking service, you confirm that you own the property or are otherwise authorized to approve work on it, including rentals, association-governed properties and shared structures. You are responsible for obtaining any approval required from a landlord, property manager, homeowners association or co-owner before we arrive.

We are not responsible for claims brought by an owner, tenant, manager or association that did not authorize the work. If you are booking on behalf of someone else, you confirm you have their permission to do so.

03

Existing conditions and pre-existing damage

Holiday lighting is attached to surfaces that have already spent years in the weather. We are not liable for damage caused by conditions that existed before we arrived, or that a reasonable visual inspection would not reveal. This includes aged, brittle or loose roofing, shingles, tiles and flashing; soft or rotted fascia, soffit and trim; sagging or improperly fastened gutters and downspouts; cracked siding, stucco, masonry or window seals; hidden wiring, conduits and low-voltage lines; and weak or dead tree limbs.

When we notice a condition that raises a risk, we will point it out and tell you what we recommend. If you ask us to proceed anyway, the work is performed at your direction and the resulting damage is excluded from our responsibility.

04

Damage we are responsible for

We are responsible for direct physical damage to your property caused by our own negligent workmanship during the installation or removal we performed. If you believe we caused damage, notify us in writing within seven days of the installation or removal so that we can inspect it before anything is repaired or replaced.

At our option, we will repair the damage or reimburse its reasonable repair cost. Failure to give us the chance to inspect within that window may limit what we are able to do.

05

Limits of liability

To the fullest extent the law allows, our total liability for any claim connected with a job is limited to the amount you paid us for that job. We are not liable for indirect, incidental, special or consequential losses, including lost use of the property, lost rental income, cancelled events or photography, diminished property value, or the cost of substitute services.

We are not an insurer of your property, and our rates are not priced as insurance. If you want protection beyond what this page provides, your homeowner's policy or a separate policy is the right place to get it.

06

Client-supplied lights and equipment

When you supply your own lights, cords, timers, stakes, clips or mounting hardware, we install them as delivered. We do not inspect, certify, repair or warrant them, and we are not responsible for their failure, for outages caused by them, or for damage they cause to your property or electrical system.

Outdoor-rated, properly certified equipment is your responsibility. If we find client-supplied equipment that is unsafe, we may decline to install it or remove it, and you remain responsible for the cost of the visit.

07

Conditions outside our control

We are not responsible for loss or damage caused by wind, ice, snow, storms, flooding, falling limbs, animals, vandalism, theft, power surges or outages, or by electrical systems we did not install and that are not properly maintained.

If a storm or unsafe condition makes an installation unsafe to keep in place, we may remove or de-energize lighting for safety. Removal in those circumstances is not a refund event for the work already performed.

08

Insurance

We carry general liability insurance for the work we perform. Ask us for a certificate of insurance for your property address before work begins, and we will send one.

09

Your responsibilities around the property

Please give our crew clear access to the areas being lit, clear vehicles and obstacles from the work zone, secure pets indoors, and tell us about anything we cannot see: buried lines, irrigation, septic components, low-voltage landscape wiring, exterior outlets that do not work, security cameras, beehives or nests, and any area you do not want touched.

The customer is responsible for the accuracy of measurements, counts and property details supplied through the quote portal or by email. Changes to the property after a quote is measured may change the price before work begins.

10

Indemnification

You agree to defend, indemnify and hold harmless Evercrest Outdoor Services, its owners, officers, employees, subcontractors and agents from and against any claim, demand, lawsuit, damage, loss, liability, cost and reasonable attorneys' fee arising out of or relating to: (a) your ownership, lease, control or use of the property; (b) a defect, hazard or condition on the property that existed before our work or that was not disclosed to us; (c) lights, cords or equipment you supplied; (d) work we performed at your direction after you were told of a condition; (e) your breach of these terms or of the signed service agreement; or (f) any claim by a tenant, association, co-owner or other third party who did not authorize the work.

We will in turn indemnify you for direct physical damage to your property caused by our negligent workmanship, subject to the notice requirement and the limits described on this page. These obligations survive completion of the job and the end of the season.

11

Governing law and disputes

These terms are governed by the laws of the state in which the property is located, without regard to conflict-of-law rules, and any dispute will be brought in the courts of that state.

Before filing anything, please contact us. Most concerns about a run, a clip line or a removal date can be settled with a phone call and a return visit.

12

Relationship to the signed agreement

This page is a plain-language summary of how we handle liability, property access and indemnification. If a signed service agreement, work order, accepted quote or invoice term says something different, that signed document controls.

We may update this page from time to time. The version posted when you book is the version that applies to that booking.

Questions, or a concern about a job?

Tell us within seven days of the installation or removal so we can inspect the property ourselves. Call (555) 010-4890 or email quotes@evercrest.example.