1. Services
1.1 The Interior Decorator shall be depending on project requirements provide some or all of the following services (“Services”) to the Client in accordance with the terms and conditions of this Agreement: Communication (email/phone calls, etc.) regarding the activities below are included as part of defined “services” payable by the client.
- Complimentary phone consultation.
- Conceptual Design Consultation –visit includes walk-through of site, preliminary room sketch, and in-depth discussion to ascertain style options, budget and time frame estimates and other project needs.
- Design Development/Presentation – Complete measurements and take inventory. Finalize and present design options/recommendations and requirements.
- Provide layout with furnishings, color schemes, interior finishes, wall, floor, window and lighting treatments etc, as required.
- Create and oversee a project plan to include acquiring products, referring contractors, coordinating deliveries and installations, arranging furnishings and accessories, etc.
- Conduct periodic quality reviews with multiple site visits.
2. Delivery of the Services
2.1 The Interior Decorator shall provide the Services at the Client’s residence. Delivery fees may be additional.
3. Fees/Payment
3.1 Design Fees are based on $35 per hour for all services. An exception is when a project fee is agreed upon and outlined under section 6.10.
3.2 The Conceptual Design Consultation visit is $125, which is not required if the retainer (outlined in 3.3) is paid on the date of consultation.
3.3 Upon Larger Design Projects, signing this agreement the Decorator shall receive a non-refundable retainer of $525 (five hundred twenty-five dollars), which constitutes the minimum initial commitment for 15 hrs. of design services. If the retainer is paid within 30 days of consultation, $100 will be deducted from the retainer fee. This retainer is an advance and will be credited against hourly charges payable by the client.
3.4 Once 15hrs of service is completed (the retainer), an advance in increments of 10 hours $350 would be charged for continued service. Hourly charges will be invoiced to the client and shall include a brief description of what was done.
3.5 No item shall be ordered by the Decorator until the product purchase has been approved and prepaid by the client unless other arrangements have been agreed upon such as a 75% deposit. The Decorator shall not be required to reveal “to the trade” prices/commissions. The client upon receiving a receipt or invoice shall reimburse expenses incurred by the Decorator in the interest of the project. The Decorator assumes no liability due to the quality of items or services purchased for the Client.
3.6 Any charges payable under this Agreement are exclusive of any applicable taxes, duties, or other fees charged by a government body and such shall be payable by the Client to the Decorator in addition to all other charges payable hereunder.
3.7 This provision outlines Decorator fees and does not include costs for materials and products required to complete the project. If the nature of the project requires engagement of any contractors to perform work (i.e.; painters), the client shall enter into contracts directly with the concerned contractor.
4. Warranties and Limitation of Liability
4.1 The Interior Decorator represents and warrants that she will perform the Services with reasonable skill and care.
5. Terms and Termination
5.1 This Agreement shall be effective on the date hereof and shall continue until project completion. If the Client terminates this agreement for any reason before the completion date, the Client is required to reimburse the Interior Decorator for all outstanding fees and out-of-pocket expenses.
6. Miscellaneous
6.1 Neither Party will disclose any information of the other which comes into their possession under or in relation to this Agreement and which is of a confidential nature.
6.2 The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
6.3 This Agreement constitutes the entire understanding between the Parties and supersedes all prior representations, negotiations or understandings.
6.4 Neither Party shall be liable for failure to perform any obligation under this Agreement if the failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, or industrial dispute.
6.5 Decorator’s drawings and specifications are conceptual in nature and intended to set forth design intent only. Decorator does not provide architectural or engineering services. All concepts, drawings and specifications prepared by Decorator remain at all times the Designer’s property. Project documents may not be used by client for any purpose other than completion of project by Michelle Myers DBA Home to You.
6.6 Decorator cannot guarantee that actual prices for merchandise and/or interior installations or other costs or services as presented to Client for the proposed budget. Custom products are non-refundable. However under certain circumstances, a return fee may be accepted.
6.7 Delays by Client (lack of access to premises, information/decisions or resources) suppliers or contractors shall extend Decorator’s time to perform.
6.8 As Decorators require a record of design projects, client shall permit Decorator to document the project in progress and when completed, by photography or other means. Decorator shall be entitled to use photographs for Decorator’s business purposes including portfolio, brochure and similar publicity purposes. Client’s name may be used in connection with the documentation unless specified to the contrary in writing. If the Client documents the project, the Decorator shall be given credit as the Interior Decorator for the project if documentation is released to the public.
6.9 This agreement shall be governed by the laws of the State of Virginia.