Effective Date: 12/2/2025
Governing Jurisdiction: State of Texas

1. Definitions & Scope

For purposes of this Agreement (“Terms”):

• “Company,” “We,” “Us,” “Our” refers to Christmas Deliveries, a sole proprietorship owned by Tristan James Gunderson, operating under a trade name within the State of Texas.
• “Customer,” “You,” “Your” refers to any individual or entity purchasing or interacting with the Services.
• “Services” includes Christmas tree delivery, holiday delivery, gift procurement, packaging, logistics, Toy Fund administration, and any ancillary or related functions.
• “Toy Fund” refers to the Company’s voluntary, discretionary, community-support initiative aimed at purchasing and delivering holiday gifts, without creating any charitable, nonprofit, or fiduciary obligations.
   

Use of the Services constitutes binding acceptance of these Terms.

2. Legal Status of the Company

Christmas Deliveries is a for-profit enterprise solely owned and operated by Tristan James Gunderson.

The Company:

• Is not a nonprofit entity
• Is not a charitable organization
• Does not possess 501(c)(3) status
• Does not accept tax-deductible donations
• Does not act as a trustee or fiduciary for any Customer funds 

All financial transactions are treated as commercial consideration.

3. Acceptance of Agreement

By purchasing Services or interacting with the Company, the Customer acknowledges full understanding of and unconditionally agrees to all provisions herein.

4. Nature of Payments and Classification of Contributions

All payments made to the Company—including but not limited to delivery fees, sponsorships, contributions to the Toy Fund, service charges, or other remittances—are categorically classified as commercial transactions.

Such payments shall not be construed as:

• Charitable donations
• Tax-deductible contributions
• Gifts to a nonprofit entity 
• Payments held in a fiduciary or escrow capacity 
• Contributions to a public or private charity 
• Receipts subject to IRS charitable reporting
   

The Customer affirmatively acknowledges this classification.

5. The Christmas Deliveries Toy Fund

5.1 Voluntary Nature

Participation in the Toy Fund is strictly voluntary and does not create any legal duty or fiduciary obligation upon the Company.

5.2 Discretionary Use of Funds

The Customer expressly consents that all monies contributed to the Toy Fund are used at the sole, exclusive, and unrestricted discretion of the Company.

Toy Fund contributions may be allocated toward, without limitation:

• Acquisition of toys or holiday gifts
• Wrapping, preparation, and packaging
• Delivery, logistics, routing, and transportation
• Fuel, vehicle maintenance, and equipment
• Operational and administrative overhead
• Payment processing, merchant fees, and software
• Compensation of contractors, helpers, or personnel
• Business sustainability relating to the execution of holiday deliveries
   

5.3 No Guarantee of Allocation Percentage

Customer acknowledges and agrees that no specific percentage of Toy Fund contributions is guaranteed to be applied to toy purchases.
Allocations may be adjusted based on operational necessity.

5.4 Legal Classification of the Toy Fund

The Toy Fund is a for-profit community initiative, not a charitable fund, trust, foundation, or solicitation for nonprofit purposes.

Customer contributions:

• Are not tax-deductible
• Do not create charitable rights 
• Do not establish a fiduciary relationship
• Are not governed by charitable trust law 
• Are not subject to oversight by charitable regulators
   

6. Allocation From Delivery Fees

At its discretion, the Company may allocate 5% of Christmas tree delivery revenue to the Toy Fund.
This allocation is voluntary, may be modified without notice, and does not create an enforceable obligation.

7. Delivery Limitations and Performance Disclaimers

Delivery times are estimates only and not guaranteed.
The Company shall not be liable for delays due to:

• Weather or hazardous conditions
• High demand or seasonal volume
• Third-party carrier issues 
• Supply shortages
• Equipment failure
• Traffic, road closures, or transportation delays
• Acts of God or unforeseen events
   

8. No Guarantee of Specific Toys or Gift Items

Due to market availability and variable inventory, the Company reserves the right to substitute gift items without notice. No specific toy, brand, model, or quantity is guaranteed.

9. Policies Regarding Minors

To minimize risk and comply with safety standards:

• Deliveries are made solely to adults, guardians, organizations, or other authorized recipients
• The Company does not engage in unsupervised contact with minors
• No personal information regarding minors is collected except through lawful adult submission
   

10. Independent Contractors

Certain Services may be performed by independent contractors. The Company is not responsible for:

• Contractor negligence outside assigned duties 
• Misconduct, delays, or damages caused by contractors
   

11. Pricing, Fees, and Adjustments

All pricing is subject to change at the Company’s sole discretion. Fees may incorporate administrative, operational, seasonal, logistical, or processing costs.
Customer waives any claim arising from price adjustments.

12. Strict No-Refund Policy

ALL SALES ARE FINAL.
This includes, without limitation:

• Tree deliveries
• Holiday services 
• Toy Fund contributions
• Processing or administrative fees
• Scheduling or delivery charges
• Any ancillary services
   

No refunds, credits, reversals, cancellations, or rescissions will be issued except where expressly required by law.

13. Chargeback Waiver

Customer agrees not to initiate chargebacks or payment reversals related to:

• Toy Fund allocations
• Delivery of gifts to third-party recipients
• Substitutions or changes in gift availability
• Delivery timing
• Misunderstanding of the commercial nature of contributions
   

Improper chargebacks shall constitute breach of contract, and the Company reserves the right to pursue:

• Recovery of disputed amounts
• Legal fees
• Collection actions
• Account termination
   

14. Communications Consent

Customer consents to receive transactional communications via email, SMS, or other means. Failure to accept such communications may delay delivery, for which the Company bears no liability.

15. Limitation of Liability

To the maximum extent permitted by Texas law, the Company shall not be liable for any:

• Indirect, incidental, punitive, or consequential damages
• Lost or stolen property after delivery
• Delayed, misrouted, or incomplete deliveries
• Injuries, losses, or damages caused by contractors
• Errors arising from incorrect Customer information
   

Company liability, under any circumstances, shall not exceed the amount actually paid for the specific Service giving rise to the claim.

16. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company, its owner, contractors, and agents from any claims arising out of:

• Customer breach of this Agreement
• Misuse of Services
• Improper disputes or chargebacks
• Customer negligence or misconduct
• False statements or representations
   

17. Force Majeure

The Company is excused from performance in whole or in part if prevented by events beyond reasonable control, including but not limited to:

• Natural disasters 
• Acts of God
• Government restrictions
• Civil unrest
• Equipment failure
• Supply chain disruption
• Public health emergencies
• Extreme weather
   

18. Governing Law & Venue

This Agreement shall be governed exclusively by the laws of the State of Texas.
Any dispute shall be brought solely in the courts of Travis County, Texas, and Customer irrevocably consents to personal jurisdiction therein.

19. Amendments

The Company reserves unilateral authority to modify, revise, or amend these Terms at any time. Continued use of the Services constitutes binding acceptance of any such revisions.

20. Contact Information

Christmas Deliveries
Owner: Tristan James Gunderson
4301 W. William Cannon Dr., Suite 150 PMB 403
Austin, TX 78749
Email: customersupport@christmasdeliveries.com