This Agreement is made on this _________ Between AMBER
LISOWICZ DESIGN (hereinafter referred to as the “Designer”) and
____________ (hereinafter referred to as the “Client”). Together
referred to as “Parties”.
The parties, therefore, agree to be legally bound by the following terms: –
- Services.
The Designer agrees to provide the following services to the Client; –
i. Space planning
ii. Drafting of floor plans and elevations
iii. Preparing 3D demonstrations
iv. Procuring finishing services
v. Acquiring furniture
vi. Soft goods consulting - Timeline.
The parties agree that the project shall be completed upon final punch list by the
homeowner. - Design Fee.
The parties agree that compensation for the provided services by the Designer
herein shall be on an hourly set fee at $85 per hour for all the work done, which
includes but is not limited to drafting, emails, ordering, contractor correspondence,
purchasing.
The Designer shall do the charges down to the quarter of an hour and agrees that
the invoices will be sent to the Client every month.
The Client agreed to pay the design fee two weeks after an invoice is presented and,
upon signing this Agreement, pay the Designer a non-refundable deposit that
establishes a minimum payment for all design Services. This deposit shall be
credited against all fees payable to the Designer upon completing the project.
Any late payment shall be subject to a 2% per month late fee. - Independent Contractors.
The parties herein agree that the Designer reserves the right to outsource its general
contractor to carry out all the necessary services not solely provided by the
Designer.
The Designer agrees that the relationship with the General contractor is between
them and independent of this Agreement, and the Client is not privy.
- Permits.
The Client shall obtain all the necessary permits and licenses from the government
to carry out the required/requested designs by the Designer. - Insurance.
The Client agrees to provide insurance coverage for all the interior design
furnishings, furniture, and other materials. The insurance shall cover all the materials
used in the interior design during handling, moving, and installations.
The Client agrees that the insurance cover shall be valid throughout the performance
of the services under this Agreement.
The Designer shall require the Client to show/prove the existence of the insurance
cover before commencing the performance herein. - Indemnity.
The Client agrees to hold harmless and indemnifies the Designer from all liability
claims that may arise from the performance of this Agreement. - Material Cancellations and Refunds.
The Client acknowledges that most items/materials once purchased cannot be
returned and therefore agrees to cater for a new order and the related accompanying
expenses.
The Client agrees that all the payments already made on the cancellation shall be
non-refundable. - Expenses.
The Client agrees to reimburse the Designer for all the expenses incurred during the
performance of 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. - Ownership.
The Designer retains the ownership of the design concept, sketches, plans, 3D
drawings, and any other materials provided for the project. - Publicity/Media.
The Client agrees to allow the Designer or the Designer’s representatives to
photograph the project during planning, construction, and upon completion for
business and publicity purposes, including, but not limited to: posting online, social
media, marketing, advertising, and print at the cost of the Designer.
The Designer will not disclose the address or Client’s name without prior consent. - Dispute/Conflict Resolution.
Suppose any dispute/conflict arises from the performance of this Agreement, parties
agree that the dispute/conflict shall be resolved through Arbitration, with each party
bearing their fees and costs, and the Award shall be final and binding upon the
parties.. - 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
Designer’s fees at the time of termination of the services.
The Designer shall reimburse any remaining balance of the Client’s expenses from
any unfinished/uncompleted service at the time of termination. - Governing Law.
The validity and performance of this Agreement shall be governed and construed in
accordance with the laws of the State of Michigan. - Force Majeure.
The Designer shall not be deemed to be in breach of the terms of this Agreement if
the Designer 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 or any local, provincial, federal, national or
international law, governmental order or regulation or any other event beyond
Designer’s control (collectively, “Force Majeure Event”).
Upon the occurrence of any Force Majeure Event, the Designer shall notify the Client
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.
- Modification.
The parties herein may modify the terms of this Agreement by mutually agreeing and
reducing the same in writing and signed by both parties. - 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. - 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. - 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. - Assignment.
The parties herein agree not to assign their rights and obligations under this
Agreement without the prior written consent of the other party. - 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: AMBER LISOWICZ DESIGN
Signature: _________________________
Name: ____________________________
Date: ____________________________
THE CLIENT: ___________________
Signature: _______________________
Name: __________________________
Date: __________________________
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