e-Design Agreement
Date: 11/15/2022
Allie Carmel
132 Deloris Road
Bayse, VA 22810
USA
Dear Allie,
I'm delighted to have been selected by you for your interior decorating project (Great Room: Entry Living & Dining). This letter is to set forth the terms under which we will work together.
2. Description. I agree to e-design the project in accordance with the plan attached here as Schedule A and made part of this agreement. Complete e-Design Service:
2 Mood Boards with all furniture, materials and decor.
2 Floor Plans: distinct layouts with furniture and lighting.
2 Paint Color Palette & Finishes.
4 Room View Renderings.
Shopping List with Online Purchasing Options for both plans.
Video Installation Instructions for each.
Scope of Work -
This e design is for your great room space, includes: entry, living & dining
You want a bold, impressive and comfortable dining space that incorporates a table and chairs, but that has a welcoming and inviting feeling where you’d want to stay and hang out.
You envision muted and cool tones for the colors in the space.
The style cues you are looking for is Pacific Northwest: Scandinavian meets industrial meets contemporary nature, with wood, stone and plants. Bringing the outside, inside.
For prints: you enjoy abstract, animal and geometrics, not glam or shiny.
You’d like durable fabrics that are comfortable and family and dog friendly, casual, not formal.
Your plan will include lighting plans and I will recommend fixed and non fixed lighting: recessed, chandelier, table & floor lamps.
Accents: landscape art, lots of nature: forests, animals, snowy towns. Perhaps some sculpture and carved stone and wood pieces.
Overall, you’re looking for a design that enhances the outside natural surroundings, like you’re living in nature itself. You’d like cozy and comfortable but are not opposed to bold design choices and unique aesthetic choices.
Some of the products that end of in my source list may be substitutes for the products shown in the renders or floor plans because I source from multiple locations and product availability, or stock shortages may show unavailable from time to time.
Design Due by December 02, 2022.
Program Plan. I'll consult with you via Zoom to ascertain your goals. This is our initial meeting. We will speak about everyone who will use the space and the ways in which you want the space to look, feel and function. (Meeting was October 21, 2022.)
My service is 100% online and is referred to as e-design, online interior design or virtual interior design. No part of this service requires outside contractors. It is solely intended as a do-it-yourself Program Plan.
Design Documents. I will prepare 2 floor plans based on the measurements of your room. These include: furniture placement and a lighting plan. I will also provide shopping lists with online purchasing options as well as in-store products for shopping in person. Finally, I will provide written installation instructions as well as a video with further details about installing the e-design plan. The plan consists entirely as a portable document format, .pdf. Links to videos and products will be contained within the document. Product links may or may not contain affiliate codes. If you click on the link and decide to purchase products from the affiliated websites, I may or may not receive a commission, incentive or reward for referring you. No compensation I receive will affect the price of the products you purchase from my referrals.
This phase will include:
A second call call meeting to go over the design concepts, implementation guide, and video. (Time and date to be determined and will be scheduled by you as needed).
Design implementation. A web call can be scheduled to answer questions during implementation (if necessary.) I will be available to consult with you with respect to whether what is being delivered or constructed is in conformity with specifications and of suitable quality. However, the quality and supervision of merchandise shall be the responsibility of the suppliers or merchants.
Any products or merchandise not found to be suitable quality will be your responsibility to resolve with the suppliers or merchants, to your satisfaction.
2. Schedule. I agree to send your electronic design document within 2 weeks after the later of signing this Agreement.
In order to commence work on your program plan I will need: Photographs from 4 opposing walls and corner of the room to opposite corner of the room. Payment of $429. (paid in full).
After you provide this to me. After approval of the presentation, you shall implement the plan as you see fit and on your own schedule. In the event that any specified items in your program plan are unavailable, I will source a replacement for up to (1) year past the delivery date of your electronic design plan.
You understand that delays by you, suppliers or merchants may delay the performance of my duties, and my time to perform shall be extended if such delays occur. In addition, if I or you are unable to perform any obligations here-under because of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond my or your control, then performance shall be excused during the pendency of such cause.
3. Purchases of merchandise shall be handled in the following manner:
You shall pay for purchases and merchandise directly from, and make payment directly to, suppliers or merchants.
4. Your Responsibilities. You shall cooperate throughout the Project by promptly providing me with necessary information; giving prompt attention to documents to review and requested approvals; facilitating communications between me and other professionals such as suppliers or merchants you have retained; and designating any other person to act as liaison with me. If you are to provide specifications, floor plans, drawings or related information, this shall be at your expense, and I shall be held harmless for relaying on the accuracy of what you have provided, including floor plans and drawings you provide to me on your own accord. If at any time you have knowledge of a deviation from specifications or other problem with the Project, you shall promptly give notice in writing to me. You shall be responsible for ordering, receiving, inspecting, and storing all deliveries.
Remuneration. You agree to pay me on the following basis: Flat fee. My compensation shall be a nonrefundable design fee of $429, paid by you signing this Agreement. (Paid in Fall).
In the event that design services beyond the scope of work for this Project are requested by you and I am able to accommodate your request, I shall bill for such services as follows: $75.00/hour
5. Revisions. During the development of this project, I shall make (1) Program plan revision requested by you without additional charge, but if the revisions are requested after approvals by you, an additional fee shall be charged as follows: $75.00/hour
6. Payment. You agree to pay me at the time this agreement is signed and prior to work beginning on your Program Plan. In the event that I am the winning party in a lawsuit brought pursuant to this agreement, you shall reimburse me for the costs of the lawsuit, including attorney's fees.
7. Term and Termination. This agreement may be terminated at any time for cause by either party notifying the other party in writing of that party's breach of the Agreement and giving (10) business days for a cure, after the notifying party may terminate if there has been no cure of the breach. Causes for termination shall include, but not be limited to, failure to preform any duty pursuant to this agreement in a timely manner and postponements of the Project for more than 30 business days in total. While reserving all other rights under this Agreement, in the event that the Project is terminated, I shall have the right to keep the non-refundable design fee of $429.
8. Ownership of Design. I shall retain ownership of the design, including any drawings, renderings, sketches, samples, or other materials prepared by me during the course of this Project. My ownership shall include any copyrights, trademarks, patents or other proprietary rights existing in the design. You shall not use the design for additions to this Project or for any other project without obtaining my permission and paying appropriate compensation.
9. Consultants. If outside consultants, including but not limited to architects, structural engineers, mechanical engineers, acoustical engineers, and lighting designers, are needed for the Project, they shall be retained and paid for by you, and I shall cooperate fully with these consultants. Such consultants shall be responsible for code compliance in the various areas of their expertise.
10. Publicity. I shall have the right to document the Project in progress and when completed by photography or other means, which means I may use for portfolio, brochure, public display and similar publicity purposes. Your name and the location of the Project may be used in connection with the documentation, unless specified to the contrary. If I choose to document the Project, I shall pay the costs of documentation. In addition, if you document the Project, I will be given credit as the designer for the Project if your documentation is released to the public.
11. Relationship of Parties. I and you are both independent contractors. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between me and you. Nothing contained herein shall be construed to be inconsistent with this independent contractor relationship.
12. Assignment. Neither mine nor your rights and duties may be assigned by either party without the written consent of the other party, except that we may assign payments hereunder.
13. Arbitration. Any dispute, controversy or claim arising out of or relating in any way to [the Agreement] including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach [of the Agreement], shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. [In the event of a dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship], the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.] The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.]
14. Miscellany. This agreement shall be binding on both me and you, as well as heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding. Its terms can be modified only by an instrument in writing signed by both me and you. Notices shall be sent certified mail or traceable overnight delivery to me at my present address, and notification of any change of address shall be given prior to that change taking effect. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of New York.
If this agreement meets with your approval, please type your full name in the space below and record today’s date then check the box marked ‘I Agree’ beneath the words "I Accept the Terms of This Agreement" to make this a binding agreement between me and you. Please retain a copy for yourself and select ‘Submit’ to return to me.
I, Michael Helwig, Agree to the Terms of This Agreement. Dated: November 15, 2022.