Interior Design and Conceptual Art Design Services Agreement
PARTIES
This Interior Design Services Agreement (hereinafter referred to as the "Agreement") is entered into by and between Tiffany Rachel Design (hereinafter referred to as the "Designer") and Fabiana Gavilan (hereinafter referred to as the "Client", collectively referred to as the "Parties"), both of whom agree to be bound by this Agreement.
PROPERTY
The location of the property where the Designer will perform their services is at [The Home of JC and Fabiana Gavilan], hereinafter referred as to the "Property", specifically the following rooms:
Valentina’s Bedroom
The Client warrants that they own the Property and/or holds the authority to engage the Designer in such activity.
TERMS
This Agreement shall be effective on the date of signing this Agreement (the "Effective Date") and will end ["upon completion of the work" or "on END DATE"].
Upon the end of the term of the Agreement, this Agreement will not be automatically renewed for a new term.
SERVICES
The Parties agree that the Designer shall perform or hire contractors to perform the following services at the site of the Property:
End-to-end designing and execution of the interior design of the Property (hereinafter referred to as the "Project").
Furniture planning, selecting furnishings, adding decorative lighting, procuring décor accessories, painting and coordinate any necessary civil work.
Employ precision and a fine sense of design to execute the Client's vision of the Project.
Ensure that the Project is entirely personalized for the Client based on their specifications.
PRICE AND PAYMENT
The Client agrees to compensate the Designer a flat fee of 20% USD of the Client’s budget allotted for the completion of the Project. Of this, the Client will pay the Designer 50% USD up front before work begins as a non-refundable deposit.
The flat rate design fee covers the consultant's time and expertise in designing and managing the project, while the 20% markup or commission on goods covers the cost of purchasing and handling the items.
The estimated budget for the purchasable items in a Project (such as furniture, decor, fabrics, etc…) is equal to but not limited to approximately $125 to $150 per square foot of the space which is separate from the Designer’s consulting fee.
The Designer agrees to invoice the Client for the total amount paid. The Client agrees that in the event that the invoice is not paid before the specified due date, the Designer will be entitled to charge a late fee of 1.5% monthly interest.
RESPONSIBILITIES OF THE CLIENT
Provide a clear and specific request regarding the details of the Project.
Communicate with and respond to the Designer in a timely manner to prevent delays in the completion of the Project.
Pay any corresponding invoices in the proper time.
RESPONSIBILITIES OF THE DESIGNER
Create functional, safe, and aesthetically pleasing spaces by assessing space requirements, determining optimal furniture placement, and selecting decorative items, all while adhering to relevant blueprint, building code, and inspection requirements.
Control the Project from start to finish to ensure high quality, innovative and functional design.
Identify Clients' needs and put together design proposals.
Develop ideas keeping in mind Client's needs, building's usage and environmental impact.
Compile Project requirements and specifications.
Strive to stay within budgets and timelines unless clearly communicated with the client.
Ensure that all works are carried out to specific standards, building codes, guidelines and regulations.
TERMINATION
This Agreement is ongoing until it expires or the work is completed. Either party may end this Agreement for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Agreement. The Designer must immediately stop working as soon as it receives this notice unless the notice says otherwise.
If either party ends this Agreement before the Project is completed, the Client will pay the Designer for the work done up until when the Agreement ends and will reimburse the Designer for any agreed-upon, non-cancellable expenses.
PORTFOLIO RIGHTS
The Client gives the Designer permission to use photography, video recordings, drafts and renderings as part of portfolios, websites, in galleries, and in other media, so long as it is to showcase the work product and not for any other purpose.
INDEMNITY
The Parties agree not to indemnify and hold one another harmless. This also applies to their affiliates, agents, officers, employees, and/or successors. The Parties in this Agreement in addition agree to assign against all (if any) claims, liabilities, damages, losses, penalties, punitive damages, expenses, any arising reasonable legal fees and/or costs of any kind or any amount that may arise. This includes, but is not limited to, any amount which may result from the negligence of or the breach of this Agreement by the Party that is indemnified, its successors and assigns that occurs in terms of this Agreement.
This section will remain in full force and tact as well as effect, even upon the termination of the Agreement naturally or the early termination by either of the Parties.
LIMITATION OF LIABILITY
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the United States of America.
The Designer is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party.
The Parties understand this Agreement is not an exclusive arrangement.
The Parties agree that they are free to enter into other similar agreements with other parties.
The Designer agrees that they will not enter into any agreements that conflict with their obligations under this Agreement.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration, mediation and negotiation in accordance with, and subject to the laws of the United States of America.
AMENDMENTS
The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. Accordingly, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
The Parties agree not to assign any of the responsibilities in this Agreement to a third party, unless consented to by both Parties in writing.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.
This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.
SEVERABILITY
If any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties' intention.
PAYMENT TERMS
50% of Design Consulting fee deposit is due up front to begin your project. Once the project has begun, the remaining 50% of the Design Consulting bill plus inclusion of any additional Design Consulting hours added after the deposit is collected will be due prior to the final install date. Payment for selected items is due up front prior to installation.
FREQUENTLY ANSWERED QUESTIONS
When The Design Consultant does staging, deposits for furniture and items are due after the Client has approved the items.
The Design Fee includes all the selections made first and then presented to the client, including: fabrics, textures, wood finishes, metal finishes, etc.
Once the Client approves the Designer's selections, a quote of the Designer's selected items is then sent to the Client for Approval.
Project Budget Money will be collected up front for the Client's selected Approved items to be purchased. If items are not custom, they may sometimes be returned, however, custom orders cannot be returned or refunded in most cases. Design Fees are not refunded as a result of returned items as they are separate.
Though it is not advised, the Client is free to purchase items however, the Client agrees all items they wish to buy without the Designer present or items that were not presented for approval must be presented first to the Designer for approval. 15% of the total cost of all items purchased by the Client is added to the Design Fee. The Designer is committed to creating a cohesive, beautiful and functional space that meets the Client's needs and exceeds their expectations. Together, the Designer and Client can work collaboratively to select the right design elements that will bring the project to life. It is ideal that the Designer is the primary shopper for the project and makes the selections for the client as that is what we are hired to do.
The Designer has the expertise and knowledge of the materials, colors, textures and shapes that will work together to achieve the desired design result. If the Client purchases an item without the Designer's approval, it can disrupt the overall design plan and can lead to a less than satisfactory result. If the Client approves the Designer's choices, that is when money is collected to buy the approved items.
SIGNATURES
The Client and the Designer may sign this document. These electronic signatures count as originals for all purposes.
The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their signatures below: