Terms and Conditions

The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by Trampoline Holes Utah hereby referred to as the “Contractor”. The person(s) named on the estimate who agree to be bound by this Agreement will hereby be referred to as the “Client”.

WHEREAS, the Contractor is engaged in the business of offering trampoline hole services; and

WHEREAS, the Client desires to retain the services of the Contractor to render Trampoline Hole services conforming to the Client’s design and direction according to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Contractor and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

SCOPE OF WORK

• The contract documents shall contain the estimate, the specification plans and any other document referred to in the estimate. No qualification in any acceptance issued by the Client shall form part of the contract unless specifically agreed to in writing by the Contractor.
• Only the items on the estimate specification are included and all works are due for payment.
• The Client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.

ESTIMATE

• The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Client after execution of the contract and may result in change order fees. See section on Change Orders.
• Acceptance of the estimate involves acceptance of these terms and conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the Client that any attempt to cancel by the Client will involve the Client being liable to cancellation fees and any loss of expenses incurred as a result at the discretion of Contractor.

PAYMENT

• The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.
• A deposit is not required prior to the start date if the total cost of the project is under $1,000. If the total cost of the project is over $1,000 a deposit of 50% is required. Progressive invoices may be sent as work progresses. Final Invoice will be sent after work is complete.
• The Client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
• Payments are immediately due on receipt of invoice.
• The Contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for.

SITE

• The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work.
• Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.
• In some situations the Contractor may need to be on a neighboring property to execute the contract. It is the responsibility of the Client to obtain permission for this trespass.

DELAY/DISRUPTION

• The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the Client for any untimely performance.
• The Contractor shall not be held responsible for any delays caused by weather which make contract execution impossible.

MATERIALS ON­SITE

• Materials delivered to site become the responsibility of the Client . The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
• Any material brought to, or removed from the site, excess to the Contractor’s requirements remains the possession of and removable by the Contractor who shall have the right to enter the site for that purpose.

MAINTENANCE AFTER COMPLETION

• The Contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the Client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the Contractor.

ACTING AGENTS

• The Contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the Client.

WARRANTIES

• The Contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.
• Any structural or appearance of finished features is at the discretion of the Contractor, unless agreed in writing by the Client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the Contractor, it is the responsibility of the Client or agent to request a small sample of this finished works prior to the start of that specific feature. The Contractor is not liable for any works necessary as a consequence of such an omission. This applies to both Client and agent.

PROMOTION

• The Client hereby authorizes the the Contractor to take photographs of the Client’s property for the use of promoting the Contractor Trampoline Hole Services at the Contractor discretion and grants the Contractor the sole right in the intellectual property of any such photographs.

INDEMNIFICATION

• The Client agrees to indemnify, defend, and protect the Contractor from and against all lawsuits and costs of every kind pertaining to the Trampoline Hole Services, any false information delivered by the Client pertaining to the Property, or failure to deliver relevant information by the Client.

CHANGE ORDER

• No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
• Changes in scope of work will be charged at a rate of forty five dollars per hour ($45) and materials.

WARRANTY

• Areas around newly installed trampolines can show settling, particularly in areas where the soil is extremely rocky or clay – like. The contractor will try to minimize settling, but it is still possible even after the trampoline hole is installed properly. 
• The contractor takes extra measures to ensure yards and property are protected from the heavy equipment used to perform the job. Even with protective measures clients will experience some damage to finished lawns, particularly around the trampoline and pathways to where the trampoline will be located.