Interior Design Agreement

 

This Interior Design Agreement is between yZiGN LLC (yZiGN) and the Client with respect to interior design services to be rendered by yZiGN for the Client.

 

Designer and Client agree as follows:

 

SCOPE:

yZiGN shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. yZiGN’s services do not include contractor services, landscape design, or architecture. yZiGN shall consult other professionals such as lighting consultants, landscape architects, architects, and others. Client acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.

 

The design fee includes per space:

- 5 hours of in-person meetings

- 5 hours of digital communication with the Designer - audio and video calls, emails, texts, etc.

- Professional measurements

- Digital design visualization and up to 2 Revisions

- Curated shopping list from yZiGN’s vendors

- ordering service and 30 days storage

- one day installation by a designer

 

DESIGN FEES:

  1. yZiGN shall be compensated at the rate of $2000 per Room and $3000 per open space (living and kitchen). The payment needs to be received upon signing this Agreement.

Additional meeting time, communication time and installation time will be billed $100 per hour. All Design Fees are non-refundable.

 

If the client would like to be billed only hourly, instead of per Room/Space fee, the hourly rate is $100 per hour.

 

  1. Upon signing this Agreement, yZiGN shall receive a non-refundable deposit of 50% of the discussed products budget which constitutes the minimum fee due to yZiGN for Design Services. The advance will be credited against products cost otherwise payable by the Client to yZiGN for products, prior to placing the items order. Full deposit is required for each item and only upon receipt of deposit yZiGN will place an order.

 

REFUNDS & CANCELLATIONS

Once purchased, most items cannot be returned or canceled, therefore requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation; custom items cannot be canceled or returned. Requests for returns and cancellations will be billed hourly. Design Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.

 

NO PRICE GUARANTEE:

yZiGN cannot guarantee the prices of merchandise, interior installation, or other services not performed by yZiGN. Vendor pricing is subject to change and out of the control of yZiGN.

 

REIMBURSABLE EXPENSES:

Client agrees to reimburse yZiGN for all out-of-pocket expenses actually incurred by yZiGN in relation to the Project, including but not limited to, renderings, drafting services, postage, and handling, freight, delivery and storage costs. Client shall reimburse yZiGN for all travel, lodging, and meal expenses incurred by yZiGN and yZiGN’s staff (where necessary) in connection with the Project.

 

PAYMENT:

Invoices are due with payment within 3 days. Invoices more than 30 days past due will accrue a 10% late fee per month, and all work will cease until the invoice is paid.  yZiGN shall be entitled to withhold delivery of any item purchased on behalf of Client should Client fail to make any payments due to yZiGN in a timely manner.

 

DIGITAL DESIGN VISUALIZATION AND DRAWINGS:

yZiGN’s digital design visualizations are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. yZiGN services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. yZiGN shall be held harmless for relying on the accuracy of information provided by the Client.  The client cannot use project deliverables and documents for any purpose other than completion of the Project by yZiGN as laid out in this agreement.

 

CONTRACTORS & CONSULTANTS:

yZiGN is not a general contractor and does not provide contractor services. If Project requires contractors or consultants to perform work based on yZiGN concepts, Client will enter into a contract directly with each contractor or consultant or yZiGN will subcontract.  yZiGN provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors hired by the client, nor their agents or employees. yZiGN may cooperate with and observe Consultants for general conformity of the design plan but is not responsible for their oversight.

 

PERMITS:

The client is responsible for permitting and or any approvals and compliance required by any governmental agency.

 

INSURANCE:

The Client is required to have insurance coverage for all furnishings and materials during handling, moving, storage, and installation. The Client is responsible for ensuring that their insurance coverage is sufficient per this Agreement. yZiGN cannot be held responsible for inadequate insurance coverage.

 

PHOTOGRAPHS &PUBLICITY:

Client agrees to allow yZiGN or yZiGN 's representatives to photograph Project during all stages of Design Services including when the project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. yZiGN will not disclose address or Client’s name without prior consent.  Costs of photographs and publicity are the responsibility of the yZiGN.  Additionally, if Client or Client's agents document the Project, yZiGN shall be given credit as the designer if documentation is released publicly.

 

HAVE FUN:

yZiGN strives for the most comfortable, enjoyable, and transparent design experience possible. We require open communication and honest feedback.

 

TERMINATION:

yZiGN or Client can terminate this agreement by notifying the other party in writing. The client will be responsible for any outstanding reimbursable charges and fees. All in-process orders will be completed by yZiGN and delivered to Client. If a balance remains in Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. Client agrees to take no action which is intended, or would reasonably be expected, to harm the yZiGN’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to yZiGN.

 

LIMITATION OF LIABILITY:

Neither owners, yZiGN’s Consultants nor their agents or employees shall be jointly or individually liable to an amount over the proceeds of yZiGN's general liability insurance coverage.

 

DISPUTES:

The binding private arbitration shall resolve all disputes arising from this Agreement in the US - Montgomery County, Maryland with each party to bear its fees and costs. We govern this agreement by Maryland law of United States of America.

 

TERMS:

The parties agree that the terms of this Agreement may be changed only by a writing signed by both parties and that no oral changes or waivers are permitted.

 

OWNERSHIP OF DESIGN:

yZiGN shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by yZiGN for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in the design.  Client shall not share or use the design for additions to Project or any other project without explicit written permission of yZiGN.

 

FAQS & POLICIES:

I have read, understand and agree to the policies outlined on the next page in the document FAQs & POLICIES.

 

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FAQs & Policies

 

CAN I SHOP ON MY OWN? You have hired yZiGN to design and complete a vision for your space and we ask that you do not select or purchase items because that selection may not be a fit for the design, space, or budget.

 

WHAT ADDITIONAL COSTS CAN I EXPECT? We do our best to give you a full cost outlook for each item, but additional costs such as storage, shipping, installation, or unexpected labor do occasionally happen.

 

DO YOU WORK WITH CONTRACTORS? We work with the contractors hired by the client or subcontracted by yZiGN. We prefer to use professionals that we have worked with on previous projects and can provide recommendations when necessary. yZiGN does not provide contractor services; so independent architects and contractors hired by the client or yZiGN are an integral part of the process.

 

HOW LONG DO PROJECTS NORMALLY LAST? This depends on the scope of the project and what is purchased. Occasionally there are delays caused by weather, vendor vacations, factory errors, and other unpredictable influences, that are out of my control. The client, as well as all professionals hired to work on the project, are expected to not cause unreasonable delays in the project.

 

HOW DO I PLACE FURNISHING ORDER? Once you receive an Invoice for your furnishing or products, you have 3 days to pay for it.  YZiGN will order no item until yZiGN receives full payment.

 

CAN I CHANGE MY MIND AFTER AN ORDER IS PLACED? Most often orders cannot be canceled or refunded. In the event that a full refund can be attained, you may cancel the order and receive a refund for the cost of the item minus the purchasing fee and any other applicable fees. You will be charged hourly for the time spent on canceled orders. Custom orders are nonrefundable.

 

WHEN ARE PAYMENTS DUE? Invoices for time billing and reimbursable expenses are due within 14 days. Invoices more than 30 days past due will accrue a 10% late fee per month and all work will cease until the invoice is paid.

 

WHAT IF I DECIDE MID-PROJECT I WANT TO ADD MORE TO THE SCOPE? The client will be charged $100 per hour.

 

WHAT IF I HAVE CONCERNS ABOUT AN ITEM? Please bring these to my attention immediately and we will discuss your concerns and if necessary, find a more desirable solution.  The decision about what is purchased and installed in your home is ultimately yours.

 

WHAT ABOUT BUDGET? We can work within your budget as far as your budget matches your level of expectation and we will make sure you are well informed about that. Having a budget is very important for the project running smoothly and for your expectations to be met.

 

HOW ARE ITEMS DELIVERED? Our policy is to perform one large installation of all your items. This includes all furniture and accessories purchased. Items purchased by yZiGN go into a licensed, bonded, insured and climate-controlled warehouse awaiting installation. It is our policy to not deliver items to client’s homes directly or on multiple trips. Clients are responsible for all shipping, storage, & delivery fees.

 

rev. 8/31/2018