Gourd Greetings Terms and Conditions 

DECORATIVE MATERIALS — ACKNOWLEDGMENT OF RISK, CUSTOMER RESPONSIBILITY & RELEASE OF LIABILITY

By purchasing and accepting decorating services from Gourd Greetings, LLC (“Gourd Greetings”), Customer acknowledges that pumpkins, gourds, straw bales, corn stalks, and other natural or seasonal decorative materials (“Decorative Materials”) are organic, perishable, combustible, and subject to natural deterioration and environmental conditions. Customer voluntarily accepts the ordinary and foreseeable risks associated with the placement and continued presence of these materials on the Customer’s property.

Customer specifically acknowledges and accepts the following risks:

Natural Deterioration & Property Staining. Pumpkins, gourds, straw, and other natural materials will deteriorate, soften, leak, mold, rot, discolor, or otherwise decompose over time. Moisture, heat, freezing temperatures, direct sunlight, insects, and other environmental conditions may accelerate this process. Decomposing Decorative Materials may release moisture, pigments, organic matter, mold, or residue capable of staining, discoloring, or damaging concrete, stone, brick, wood, composite decking, painted surfaces, siding, landscaping, or other property. Customer is responsible for monitoring the decorations and promptly removing any item showing deterioration, leakage, mold, or decay.

Pests & Wildlife. Decorative Materials may attract insects, rodents, deer, squirrels, birds, raccoons, or other wildlife. Gourd Greetings does not guarantee that Decorative Materials will remain free from pests or that animals will not move, damage, consume, or scatter them.

Human & Animal Consumption. Decorative Materials are provided solely for decorative purposes and are not represented or warranted as safe for human or animal consumption. Certain ornamental gourds or other materials may cause illness if consumed. Customer is responsible for preventing children, guests, pets, livestock, and wildlife under Customer’s control from eating or handling Decorative Materials and assumes all risks associated with ingestion, allergic reaction, contamination, mold exposure, or other contact.

Slip, Trip & Fall Hazards. Pumpkins, gourds, straw bales, corn stalks, and other decorations may create or become slip, trip, or fall hazards, particularly if moved by people, animals, wind, rain, snow, or deterioration. Customer agrees to periodically inspect the installation, maintain safe access to entrances, stairs, sidewalks, driveways, and walkways, and reposition or remove any Decorative Material that creates a potential hazard.

Fire & Combustion Risk. Straw, dried plant materials, corn stalks, and similar Decorative Materials are combustible. Under certain moisture, temperature, storage, or environmental conditions, baled plant materials may generate heat and present a risk of spontaneous heating or combustion. Customer agrees to keep Decorative Materials away from open flames, fire pits, grills, cigarettes, candles, torches, heaters, electrical equipment that generates heat, malfunctioning lighting, and other ignition sources. Customer is responsible for monitoring straw and dried materials, particularly following significant rain or moisture exposure, and for immediately removing any material that appears unusually hot, smoldering, excessively wet, decomposed, or otherwise unsafe.

Weather & Environmental Conditions. Decorative Materials are installed outdoors and may be affected by wind, rain, storms, hail, snow, ice, freezing temperatures, heat, flooding, falling branches, wildlife, or other natural conditions. Decorations may shift, fall, roll, break, deteriorate, or become projectiles or hazards during severe weather. Gourd Greetings does not guarantee that an installation will remain in its original condition or location after installation. Customer is responsible for monitoring weather conditions and securing, relocating, or removing Decorative Materials when severe weather or unsafe conditions are anticipated.

Ongoing Customer Responsibility. Once installation is completed, Customer assumes responsibility for regularly inspecting and maintaining the Decorative Materials and surrounding area throughout the display period. Customer agrees to promptly remove or relocate any item that has deteriorated, shifted, become unstable, developed mold, attracted pests, created a hazard, or otherwise appears unsafe. Unless Customer separately purchases a removal service from Gourd Greetings, Customer is solely responsible for timely removal and disposal of all Decorative Materials.

ASSUMPTION OF RISK AND RELEASE

Customer understands that the risks described above are inherent in the use and outdoor display of natural Decorative Materials and knowingly and voluntarily assumes those risks.

TO THE FULLEST EXTENT PERMITTED BY PENNSYLVANIA LAW, CUSTOMER RELEASES AND HOLDS HARMLESS GOURD GREETINGS, LLC, ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, LOSS, OR OTHER DAMAGES ARISING FROM THE ORDINARY AND FORESEEABLE RISKS ASSOCIATED WITH THE DECORATIVE MATERIALS AFTER INSTALLATION, INCLUDING NATURAL DECAY, STAINING, PEST OR WILDLIFE ACTIVITY, INGESTION, SLIP/TRIP/FALL HAZARDS, FIRE OR COMBUSTION, WEATHER CONDITIONS, OR CUSTOMER’S FAILURE TO TIMELY INSPECT, MAINTAIN, REPOSITION, SECURE, OR REMOVE THE DECORATIVE MATERIALS.

Nothing in this agreement is intended to release Gourd Greetings from liability that cannot lawfully be waived under applicable Pennsylvania law, including liability arising from reckless or intentional misconduct.