Terms and Conditions for My Posh Porch


Effective Date: April 27, 2025

Last Updated: July 30, 2025

1.       Acceptance of Terms
By accessing or using our website or services, you agree to be legally bound by these Terms and Conditions.

2.       Scope of Services
We operate from Utah and are governed by Utah state law. All services—porch décor, Porch Drops, DIY kits, and custom installations—are subject to availability. We reserve the right to reschedule or decline service due to weather, supply issues, or other constraints.

3.       Installation and Deliveries
We provide an estimated installation window; requests for specific schedules or locations may incur additional fees. Clients need not be present unless specified. Porches must be cleared and cleaned before installation.

4.       Media Release & Usage Rights
By allowing My Posh Porch onto your property, you grant us an irrevocable, royalty‑free license to photograph, film, and record your porch, decor, house numbers, and incidental individuals (e.g., children or neighbors). My Posh Porch retains full ownership of all such media and may use, reproduce, modify, distribute, display, license, and sell these materials in any medium worldwide for marketing, training, editorial, or sales purposes without further consent or compensation. You waive any right to review or approve such uses. If you prefer to opt out of media usage, please provide written notice at least 48 hours before your scheduled installation.

5.       Organic Material Disclaimer
Seasonal materials (e.g., pumpkins, flowers, balsam) are perishable and naturally deteriorate. We make no guarantees regarding longevity. Customers assume all risks associated with placement and natural decay and agree not to hold My Posh Porch liable for property damage.

6.       Limited Replacement Window
If decor sustains damage due to workmanship or material defect within 24 hours of delivery or installation, we may, at our discretion, offer repairs or partial replacements. Damage caused by weather, pets, misuse, or negligence is excluded.

7.       Accident Liability
My Posh Porch is not liable for injury, loss, or damage resulting from the use, installation, or maintenance of our products or services.

8.       Customer Responsibility
Clients are responsible for securing, monitoring, and caring for installed decor, including managing adhesive residue, environmental exposure, and maintenance. My Posh Porch is not liable for theft, loss, or damage from third-party actions or customer handling. Temporary decor storage is not covered.

9.       Design Satisfaction
We strive for professional aesthetic results; however, final design may not align with personal taste. We will accommodate reasonable requests if scheduling allows. No refunds based on design preference dissatisfaction.

10.  Right to Refuse Service
We reserve the right to decline or terminate service at our sole discretion.

11.  Non‑Guarantee Clause
We make no warranties regarding the performance, lifespan, or durability of decor or materials provided.

12.  Cancellation Policy
Customers may cancel for a full refund only if the cancellation is requested within seven (7) calendar days of purchase and no less than twenty‑one (21) days before the scheduled installation—whichever occurs first. No refunds outside this window due to custom or seasonal materials and supplies.

13.  Indemnity
You agree to indemnify and hold harmless My Posh Porch and its officers, employees, and contractors from any claims, damages, liabilities, costs, or expenses arising from your use of our services or breach of these Terms.

14.  Dispute Resolution & Arbitration
Disputes must first be addressed through informal negotiation. If unresolved, binding arbitration in Utah will be the exclusive remedy. You waive any right to court litigation or class-action participation.

15.  Limitation of Liability
To the fullest extent permitted by law, My Posh Porch is not liable for indirect, incidental, special, or punitive damages related to our services or products.

16.  Electronic Communications & Signatures
By engaging with us electronically—via ordering, messaging, or browsing—you consent to receive communications via electronic means, which fulfill legal writing requirements.

17.  Assignment
My Posh Porch may assign or transfer these Terms at its discretion. You may not assign your rights without prior written consent.

18.  Force Majeure
We are not responsible for delays or failures caused by events beyond our control, including severe weather, supply disruptions, labor issues, or government actions.

19.  Intellectual Property
All creative content—including decor designs, photographs, graphics, and written materials—are the exclusive property of My Posh Porch.

20.  Gift Cards & Promotions
Gift cards issued by My Posh Porch are non-refundable and cannot be redeemed for cash unless required by law. Promotional discounts, future credits, or offers are subject to expiration and specific terms. Promotions cannot be combined unless expressly allowed.

21.  Accessibility Statement
We aim to make our website and services accessible to all individuals, including those with disabilities, in compliance with WCAG 2.1 guidelines. If you encounter accessibility barriers, please contact us for support or accommodations.

22.  Governing Law
These Terms are governed by the laws of the State of Utah, regardless of any conflict-of-law principles.

23.  Changes to Terms
We reserve the right to modify these Terms at any time by posting updates on our website. Your continued use of services constitutes acceptance of any changes.

24.  Entire Agreement
These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the full agreement between you and My Posh Porch. By ordering or engaging with our services—online, via invoice, or at an event—you agree to be bound by all relevant policies.