ARCHITECTURAL DESIGN SERVICES AGREEMENT
This Agreement is made on this _____________________ Between AMBER
LISOWICZ DESIGN (hereinafter referred to as the “Designer”),
________________________ (hereinafter referred to as the “Architect”) and
____________________ (hereinafter referred to as the “Client”). Together referred
to as “Parties.”
WHEREAS the Client has land in which he wants to build a house and needs
architectural design services, and;
WHEREAS the architect will prepare the Floor plan, structural plan, and mechanical
plan for this project, and;
WHEREAS the designer will prepare the 3D design for the architect to enable him to
vision the house and select necessary materials
The parties, therefore, agree to be legally bound by the following terms: –
1. Services.
The Designer and the Architect agree to provide the following services to the Client;
i. Architectural Drawing.
ii. Structural Drawing.
iii. Mechanical Plans (utilities, gas line, etc.)
iv. Submit the drawing to the city for getting the permits (city fees are due
by the client).
v. Full 3D design for Exterior and Interior.
vi. Animation Video Walkthrough.
2. Timeline.
The parties agree that the project shall be for a period of ____________.
3. Design Fee.
The parties agree that compensation for the provided services by the Designer and
the Architect herein shall be $_______ with a deposit payable before the services
commence and the balance upon completion.
4. Independent Contractors.
The parties herein agree that the Designer and the Architect are independent
contractors and are both liable to the Client to whom they provide the contracted
services.
The Designer and the Architect will work together to deliver the service.
5. Permits.
The Designer and the Architect shall obtain all the necessary drawing permits and
licenses from the government at the Client’s expense, who shall reimburse any
money used.
6. Indemnity.
The Client agrees to hold harmless and indemnifies the Designer and the Architect
from all liability claims arising from this Agreement’s performance.
7. Expenses.
The Client agrees to reimburse the Designer and the Architect for all the expenses
incurred during this Agreement, including but not limited to; reasonable travel
expenses, lodging, meals, delivery, etc.
The Designer shall provide all the necessary and requested receipts as proof of the
expenses to the Client.
8. Publicity/Media.
The Client agrees to allow the Designer and the Architect to photograph the project
during planning, construction, and upon completion for business and publicity
purposes, including, but not limited to: posting online, on social media, marketing,
advertising, and print at the cost of the Designer and the Architect.
The Designer and the Architect will not disclose the address or Client’s name without
prior consent.
9. Dispute/Conflict Resolution.
Suppose any dispute/conflict arises from the performance of this Agreement. In that
case, the parties agree to engage the services of a neutral mediator to allow the
parties to resolve the dispute/conflict amicably. If it fails, parties agree that the
dispute/conflict shall be resolved through Arbitration, with each party bearing their
fees and costs.
10. Termination.
Either party to this Agreement may terminate the services herein by issuing ten days’
written notice to the other party.
The Client shall be responsible for the payment of any outstanding expenses and
any outstanding fees at the time of termination of the services.
11. Governing Law.
The validity and performance of this Agreement shall be governed and construed in
accordance with the laws of the State of California.
12. Force Majeure.
The Designer and the Architect shall not be deemed to be in breach of the terms of
this Agreement if the Designer or the Architect is unable to complete the
performance of the Services or any portion thereof because of fire, earthquake, labor
dispute, Acts of God or public enemy, death, illness, or incapacity of
Designer/Architecture or any local, provincial, federal, national or international law,
governmental order or regulation or any other event beyond
Designer’s/Architecture’s control (collectively, "Force Majeure Event").
Upon any Force Majeure Event, the Designer or the Architect shall notify the Client
or the other party of its inability to perform or of the delay in completing the Services
and shall propose a revision to the schedule for completion of the Services.
13. Modification.
The parties herein may modify the terms of this Agreement by mutually agreeing and
reducing the same in writing and signed by all parties.
14. Waiver.
The failure by either party to this Agreement to enforce any right or remedy shall not
be interpreted as a waiver of such right or remedy or be construed as a continuing
waiver of any other breach.
15. Acknowledgment.
The Client herein agrees and acknowledges that the Designer and the Architect will
not and do not conduct a site survey for the land, and the client acknowledges that
the site survey will have to be done separately from this agreement.
16. Notices.
All notices issued hereunder shall be in writing either via email or delivered via
registered mail to the address provided herein. The notice shall be effective upon
receipt.
17. Severability.
Suppose any provision of this Agreement is deemed invalid or unenforceable by a
Court of Law. In that case, the remaining provisions shall remain in full force and
effect, and the unenforceable/invalid provision shall be severed from this Agreement.
18. Assignment.
The parties herein agree not to assign their rights and obligations under this
Agreement without the prior written consent of the other parties.
19. Entire Agreement.
The terms under this Agreement constitute the entire Agreement between the parties
and supersedes any other prior oral or written negotiations, promises, or
agreements.
In WITNESS whereof, the parties have caused this Agreement to be executed as of
the date indicated below; –
THE DESIGNER: BARSAM DESIGN; –
Signature:
__________________________
Name:
_____________________________
Date:
______________________________
Email Address:
info@barsamdesign.com
Tel No.: 818-427-6723
THE ARCHITECT:
___________________
Signature:
__________________________
Name:
______________________________
Date:
_______________________________
THE CLIENT:
______________________
Signature:
_________________________
Name:
_____________________________
Date:
______________________________
Email Address:
_____________________
Tel No.:
____________________________
Email Address:
_______________________
Tel No.:
____________________________
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