DESIGN SERVICES AGREEMENT
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; –
- Space planning
- Drafting of floor plans and elevations
- Preparing 3D demonstrations
- Procuring finishing services
- Acquiring furniture
- Soft goods consulting
- Timeline.
The parties agree that the project shall be for a period of ____________.
- 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 when 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.
- 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. In that case, 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.
- 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: ______________________________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )