Terms of Service

These Terms of Service (the "Terms") are an agreement between you and Mountain Pumpkins LLC ("Mountain Pumpkins," "we," "us"). They explain what we provide, what we ask of you, and the rules that apply when you book a porch design with us. Please read them, along with our Refund and Cancellation Policy and our Privacy Policy, which are part of this agreement.

Referring customers to us and earning a referral fee is a different arrangement, governed by our Partner Program Terms. These Terms do not cover it.

Our services

Mountain Pumpkins LLC designs and installs premium curated porch pumpkin displays across Utah, including the Wasatch Front, Park City and Heber, the Ogden area, Logan and Cache Valley, and Orem and Provo. A typical order includes a design consultation and the on-site install of a curated display using specialty and heirloom pumpkins at your home. Our main fall season runs from approximately September 21 to October 14 each year, with a smaller holiday season in late fall.

Teardown and removal of the display is included free with every order. We typically remove displays the week after Thanksgiving, and we can come earlier if you want the space back sooner: just ask. If you would rather keep your pumpkins, let us know and we will leave the display in place. Your order confirmation states what is included for your specific install.

Booking, payment, refunds, and cancellations

To hold a spot you may pay a consultation fee, which is credited toward your final design purchase. Pricing, what is included, and how scheduling works are described when you book.

Cancellations and refunds are governed entirely by our Refund and Cancellation Policy. Please read it before you book. If anything in these Terms appears to conflict with that policy on the subject of refunds or cancellations, the Refund and Cancellation Policy controls.

Limited workmanship remedy

We stand behind our installation work. If a part of your display has a workmanship problem (for example, an element was not secured properly or was not installed as designed), contact us within 72 hours of your install and we will, at our option, repair or replace the affected elements.

Pumpkins are a perishable natural product, and occasionally one fails early with no outward warning. If a pumpkin in your display goes bad within 72 hours of install, contact us and we will replace that pumpkin at no charge. Because the product is perishable, this is a replacement remedy, not a refund. Repair or replacement is your sole and exclusive remedy for workmanship and product-quality issues, and we do not issue refunds on completed installs.

This remedy covers workmanship only. It does not cover normal decay of the pumpkins or other natural materials, weather effects, insect activity, theft, or damage caused by you or any third party. Ordinary wildlife activity is likewise not a workmanship defect and is not covered by this remedy, but wildlife damage is not left uncovered altogether: every design includes a separate Critter Care guarantee, described in our Refund and Cancellation Policy, that provides replacement of wildlife-damaged pumpkins through Halloween (October 31), subject to the limits stated there. That guarantee, not this workmanship remedy, is what governs wildlife damage. The other ordinary outcomes above are described below under our natural-product disclaimer and are handled consistently with the Refund and Cancellation Policy.

Property access, your responsibilities, and assumption of risk

You represent that you own the install location, or that you are authorized to grant access to it. You grant our crew permission to enter the location to install, service, and (where included) remove your display, on or around your scheduled dates.

You are responsible for:

• Providing safe, clear access to the install area on the scheduled date.
• Giving us accurate site information (address, porch details, access notes, and anything our crew should know).
• Securing pets and keeping the work area safe during the visit.
• Obtaining any homeowners association (HOA) or landlord approval that your property requires before we install.

Our displays use perishable, natural products. You understand and accept that pumpkins and other natural materials will decay over time, may attract wildlife and insects, and may leak, soften, or stain surfaces they sit on. Displays may also be affected by weather and theft once installed. Aside from the Critter Care guarantee described in our Refund and Cancellation Policy (replacement of wildlife-damaged pumpkins through Halloween, subject to the limits stated there), these are ordinary outcomes of a seasonal outdoor display, and we are not liable for them. See our pumpkin care and wildlife tips for kid- and pet-safe ways to protect your display.

Disclaimer of warranties

Except for the limited workmanship remedy described above and the Critter Care wildlife guarantee described in our Refund and Cancellation Policy, our services and the installed display are provided "as is" and "as available," without warranties of any kind, whether express or implied. To the fullest extent allowed by law, we disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a natural, perishable display will last for any particular length of time.

Limitation of liability

To the fullest extent allowed by law, our total liability to you for any claim arising out of or relating to your order or these Terms will not exceed the amount you actually paid us for that order. We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost opportunities, even if we were advised that such damages were possible.

Nothing in these Terms limits any liability that the law does not allow to be limited, and nothing here is intended to disclaim liability for our own gross negligence or willful misconduct.

Photos, media, and our intellectual property

We may photograph or record video of the installed display and use those images and clips to market our services (for example, on our website and social media). You may opt out of this use at booking. We will not publish your exact street address alongside these images.

Our designs, design templates, brand name, logo, and other materials are our intellectual property. Booking an install does not transfer ownership of those design or brand rights to you.

Indemnification

You agree to indemnify and hold Mountain Pumpkins LLC harmless from claims, losses, and reasonable costs that arise from conditions at your property, from your breach of these Terms, or from your misuse or alteration of the display after we install it. This does not apply to claims caused by our own negligence.

Weather and events beyond our control (force majeure)

If severe weather, crop failure, supply disruption, illness, or government action prevents us from performing on your scheduled date, we may reschedule your install to another date within the season, or refund you in accordance with the Refund and Cancellation Policy. We will let you know as soon as we reasonably can.

Governing law and dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Weber County, Utah.

Before starting any formal action, please contact us first so we can try to resolve the matter informally. Send us written notice of the issue, and allow us a reasonable period (for example, 30 days) to cure it. Either of us may still bring an eligible claim in small claims court.

These Terms do not impose mandatory arbitration or a class-action waiver; disputes are resolved in the courts specified above.

Acceptance of these Terms

By placing an order with Mountain Pumpkins LLC, you agree to these Terms, our Refund and Cancellation Policy, and our Privacy Policy.

Changes, severability, and other terms

We may update these Terms as our business changes. When we do, we will revise the effective date above. The Terms that apply to your order are the ones in effect on the day you placed it.

If any part of these Terms is found to be unenforceable, the rest stays in effect. If we do not enforce a part of these Terms right away, that does not mean we give up the right to enforce it later.

Contact us

Questions about these Terms? Email hello@mountainpumpkins.com.