Thank you for choosing Topiarius to transform your home for Halloween.
This Purchase Agreement & Terms of Service (“Agreement”) outlines the terms governing your purchase of the Topiarius Halloween Collection, including professionally designed seasonal materials, installation services, optional end-of-season services, warranty coverage, and the respective responsibilities of Topiarius and the Purchaser.
For purposes of this Agreement, “Purchaser” refers to the individual or entity purchasing the Halloween Collection Seasonal Installation and any optional services offered by Topiarius.
By completing your purchase and selecting “I Agree” during checkout, the Purchaser acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.
1. Seasonal Installation Selection & Scope of Work
Your selected Halloween Collection Seasonal Installation includes professionally designed seasonal materials, installation services, and creative styling based on the theme and package level selected at checkout.
Shadow Packages
Shadow Packages are curated front entry seasonal installations designed to create a memorable Halloween welcome. Each Shadow Package includes a coordinating wreath, illuminated garland, and themed entry display elements selected to create a cohesive design aesthetic.
Nightmare Packages
Nightmare Packages expand the Shadow Package experience by adding a professionally designed outdoor vignette extending the Halloween theme into approved ground-level landscape or outdoor spaces.
Nightmare Packages require additional installation space and may include larger-scale seasonal elements requiring temporary installation methods to safely secure materials.
Each installation is thoughtfully designed around a specific Halloween theme. Specific materials, décor elements, and styling details may vary based on availability, site conditions, and creative direction.
2. Design Interpretation & Creative Flexibility
Topiarius creates each Halloween Collection as a professionally designed seasonal installation intended to transform your home’s exterior into a cohesive Halloween experience.
Website images, descriptions, and examples communicate the overall theme, color palette, mood, and design intent of each collection. Final installations may vary due to product availability, seasonal inventory changes, site-specific conditions, scale, and designer discretion.
Any substitutions will maintain the intended theme, quality, and overall design aesthetic.
3. Installation Location, Site Conditions & Landscape Protection
Purchaser is responsible for providing an appropriate installation area based on the selected package, including adequate space, clear access, functioning electrical outlets (when applicable), and communicating any site restrictions prior to installation.
Nightmare Packages require additional outdoor space and may utilize lawns, planting beds, or other ground-level landscape areas.
Certain installations may require temporary anchoring methods, including stakes, posts, or similar supports.
Scarecrow Revenge Nightmare Package may require temporary posts or similar anchoring methods to be installed into the ground. While Topiarius will use reasonable care during installation, Purchaser accepts responsibility for any restoration, repair, cleaning, reseeding, or maintenance of landscape areas following removal.
Topiarius is not responsible for repairing, restoring, cleaning, reseeding, replacing, or otherwise correcting lawn, landscape, hardscape, or outdoor areas utilized for Seasonal Installations unless separately contracted.
4. Surface Protection & Existing Conditions
Topiarius will use reasonable care when installing Seasonal Installations. However, Purchaser acknowledges that outdoor materials, weather exposure, moisture, and temporary installation methods may impact existing surfaces.
Topiarius is not responsible for staining, discoloration, deterioration, or changes to existing surfaces caused by:
- Natural material breakdown
- Moisture or weather exposure
- Existing surface conditions
- Organic materials
- Purchaser modifications or relocation of materials
This includes, but is not limited to, doors, siding, masonry, stone, concrete, wood, decking, planters, and other exterior surfaces.
Cleaning, restoration, repair, or replacement of these surfaces is the responsibility of the Purchaser unless separately contracted.
5. Lighting & Electrical Requirements
Lighting requires access to a functioning exterior electrical outlet.
Topiarius is not responsible for electrical issues resulting from existing wiring, outlets, breakers, power interruptions, or weather-related conditions.
6. Installation Scheduling
Installation dates are based upon seasonal scheduling, weather, and operational availability.
Requested installation dates cannot be guaranteed.
7. Weather & Outdoor Conditions
Seasonal Installations are designed for outdoor use and are subject to weather, wildlife, and environmental conditions.
Topiarius is not responsible for weather-related damage occurring after installation.
8. Installation Care & Modifications
Purchaser may modify, relocate, or remove the Seasonal Installation after completion; however, Purchaser assumes full responsibility for any resulting damage, safety concerns, loss, or changes to the intended design.
Repairs resulting from Purchaser modifications may be subject to additional service fees.
9. Children, Pets & Guest Interaction
Purchaser is responsible for supervising children, pets, guests, and visitors around the Seasonal Installation.
Topiarius is not responsible for damage or injury resulting from interaction with the installation after completion.
10. Limited Seasonal Installation Warranty
Topiarius provides a [7 or 14]-day Limited Seasonal Installation Warranty beginning on the installation date.
The warranty covers installation workmanship and installation-related material defects.
The warranty does not cover:
- Weather
- Wind
- Wildlife
- Theft
- Vandalism
- Purchaser modifications
- Acts of third parties
Lighting components are tested prior to installation. Installation-related lighting issues reported during the warranty period are covered. Bulbs, weather-related lighting failures, electrical issues, damaged outlets, power interruptions, and site electrical conditions are excluded.
11. Ownership, End-of-Season Responsibilities & Optional Takedown Services
All materials, décor elements, lighting, and installation components purchased as part of a Halloween Collection Seasonal Installation become the property of the Client upon purchase.
This offering is not a rental program.
Unless Client purchases an optional Topiarius end-of-season service, Client is solely responsible for:
- Removing all Halloween Collection materials from the property.
- Disconnecting lighting and electrical components.
- Disassembling installation components.
- Transporting, storing, organizing, and maintaining all purchased materials.
- Disposing of materials when no longer wanted or usable.
- Returning the installation area to its original condition.
Topiarius does not provide storage, rental, or ongoing maintenance services for purchased Seasonal Installation materials unless separately contracted.
Optional Seasonal Takedown Service
If Client purchases the Seasonal Takedown Service, Topiarius will:
- Remove all Halloween Collection materials installed by Topiarius from their installed locations.
- Remove décor attached to doors, railings, planters, or other installation locations.
- Disconnect and unplug lighting and electrical components installed by Topiarius.
- Disassemble installation components as reasonably necessary for removal.
- Consolidate all removed materials and place them in an organized manner at the Client’s front entry or another mutually agreed-upon location on the Client’s property.
Materials will not be repacked into their original manufacturer packaging. Topiarius will organize materials in a reasonable manner but is not responsible for packaging, labeling, or preparing materials for long-term storage.
Optional Seasonal Takedown & Removal Service
If Client purchases the Seasonal Takedown & Removal Service, Topiarius will perform all services included in the Seasonal Takedown Service and transport the removed materials to a garage, basement, storage room, or another mutually agreed-upon location on the Client’s property.
Topiarius does not provide off-site storage or transportation of materials to another property unless separately contracted.
As part of this service, hay bales included in the Seasonal Installation will be removed from the property and disposed of by Topiarius, unless the Client requests in advance that they remain on-site.
Storage & Material Responsibility
Following completion of the Seasonal Takedown Service or Seasonal Takedown & Removal Service, Client is solely responsible for the care, storage, organization, maintenance, and future condition of all retained materials.
Topiarius is not responsible for damage, deterioration, discoloration, moisture damage, mold, mildew, pests, fading, warping, loss, or other conditions resulting from transportation, improper storage, environmental conditions, or handling after completion of the takedown service.
Client-Owned Decorations
Seasonal Takedown Services apply only to Halloween Collection materials originally installed by Topiarius as part of the purchased Seasonal Installation.
Removal, disassembly, storage, or handling of Client-owned decorations, holiday décor installed by others, or decorations added after Topiarius completes the installation are not included and remain the sole responsibility of the Client unless separately contracted.
12. Cancellation & Payment Terms
Payment represents the purchase of seasonal materials, professionally designed installation services, and related project preparation.
Once materials have been ordered, reserved, or installation preparation has begun, payments may become non-refundable.
Any approved refunds may be subject to applicable design, procurement, preparation, and administrative costs.
Optional Seasonal Takedown Service and Seasonal Takedown & Removal Service may be selected at the time of purchase or added prior to the scheduled installation date, subject to Topiarius’ scheduling availability.
Payment confirms the Client’s reservation and authorizes Topiarius to procure materials, prepare the Seasonal Installation, and perform the services selected by the Client.
13. Purchaser Property Responsibility & Indemnification
Purchaser agrees to indemnify, defend, and hold harmless Topiarius, its owners, employees, and representatives from claims, damages, losses, liabilities, and expenses arising from:
- Purchaser modifications
- Guest, contractor, or third-party interaction
- Undisclosed site conditions
- Failure to follow installation care guidelines
- Circumstances occurring after installation that are outside Topiarius’ control
This provision does not apply to claims resulting solely from Topiarius’ gross negligence or willful misconduct.
14. Limitation of Liability & Damage Waiver
Purchaser acknowledges that Seasonal Installations are temporary outdoor displays exposed to weather, natural elements, wildlife, and normal property use.
To the fullest extent permitted by law, Topiarius shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from the Seasonal Installation, including but not limited to:
- Weather-related damage
- Animal or wildlife damage
- Theft or vandalism
- Damage caused by guests, contractors, or third parties
- Damage resulting from relocation or modification after installation
- Normal outdoor wear and deterioration
- Temporary impacts to lawns, planting beds, hardscape, or exterior finishes
Except in cases of Topiarius’ gross negligence or willful misconduct, Topiarius’ maximum liability shall not exceed the amount paid by Purchaser for the applicable Seasonal Installation.
15. Force Majeure
Topiarius shall not be responsible for delays, rescheduling, substitutions, or inability to perform services due to circumstances beyond its reasonable control, including but not limited to severe weather, supplier shortages, shipping delays, labor disruptions, governmental actions, public emergencies, or other force majeure events.
In such circumstances, Topiarius will make reasonable efforts to reschedule installation and/or provide comparable substitute materials consistent with the selected Halloween Collection theme.
16. Photography & Marketing Authorization
Purchaser grants Topiarius permission to photograph completed Seasonal Installations for use in marketing, advertising, website, social media, and portfolio materials.
No personal identifying information, including names or addresses, will be published without Purchaser’s permission.
17. Purchaser Acknowledgment
By selecting “I Agree” during checkout and completing the purchase, the Purchaser acknowledges that they have read, understood, and agree to be bound by this Topiarius Halloween Collection Purchase Agreement & Terms of Service, including but not limited to the following:
- The Halloween Collection Seasonal Installation is a professionally designed seasonal installation and is not an exact replication of website imagery.
- Materials, décor elements, and installation details may vary while maintaining the selected theme, quality, and overall design intent.
- Outdoor Seasonal Installations may temporarily impact landscape areas and existing exterior surfaces as described in this Agreement.
- All Halloween Collection materials become the Purchaser’s property upon purchase.
- Unless the Purchaser purchases an optional Seasonal Takedown Service or Seasonal Takedown & Removal Service, the Purchaser is responsible for the removal, disassembly, storage, maintenance, and disposal of all purchased materials at the end of the season.
- Seasonal Takedown Services apply only to Halloween Collection materials installed by Topiarius and do not include decorations installed by others or added after installation unless separately contracted.
- The Purchaser understands and accepts the terms of the Limited Seasonal Installation Warranty.
- The Purchaser agrees to all payment terms, cancellation policies, limitations of liability, indemnification provisions, and all other terms and conditions contained within this Agreement.