Design Brian Services Agreement
This Interior Design Agreement is between DESIGN BRIAN LLC (“DESIGN BRIAN LLC”) and yourself, (“CLIENT”, or “client”), with respect to interior design services to be rendered for (“Project Address”) by our designers for Client dated (“see document date below.”).
DESIGN BRIAN and Client agree as follows: By signing this agreement, you agree to these terms & conditions stated within. The commencement of design services and payment prior to signing does not preclude that the client not be bound by this agreement.
DESIGN BRIAN is an interior design studio that provides revolutionary design fit for the modern world.
SOME OF WHAT WE CAN DO:
1. Space planning and floor plans
2. In-home or virtual consultations
3. Furniture, finishes, paint, and materials
4. Mood board, visual presentations
5. Renderings and sketches
6. Digital 3D Modeling
7. Window treatment, curtains
8. Minimal architectural recommendations (lighting, cabinetry, fixtures, flooring, soffit, wall additions, and renovation suggestions)
*The partial list of services above is not inclusive and may vary based on project size and budget. Some services may not be applicable to your project unless discussed with your design adviser.
WHAT WE DO NOT DO:
We do not perform General Contractor work, such as architectural demolition, addition, or modifications to the physical space.
We do not offer Contractor sourcing, or direct communication. It is the client’s responsibility to source and communicate with their contractor of choice. It is client’s responsibility to share with contractor all DESIGN BRIAN design concepts and intent.
We do not move or relocate or document any existing furniture.
We do not deliver furniture or items ourselves.
ADDITIONAL SERVICES & FEE STRUCTURE: Additional work performed (or planning to be performed) that falls outside of scope of the room or space as contractually agreed upon in writing will incur additional fees. The estimate or invoice submitted at project starting date is a retainer for services and may not reflect final project costs, as unforeseen events may occur that require additional effort by designers. Any additional modifications to the design drawings or furniture catalog will be billed at an additional hourly rate to be discussed with your design advisor prior to commencement.
COMMUNICATION PREFERENCES: DESIGN BRIAN requires that all communication is done via booking an appointment with our designers on https://www.designbrian.com (ACCOUNT > CHAT WITH US, then book an appointment to confirm availability) OR via email. Text messages may NOT be used as the main source of information regarding the design services or for any decision or discussion. It is NOT DESIGN BRIAN’s responsibility to actively respond to text messages or calls that are outside of a booked appointment timeslot or outside of our hours of operation, which is Monday – Saturday from 10 a.m. to 7 p.m. Los Angeles/PST. We reserve the right to respond to text messages or calls out of courtesy only and may at any time revert to email or via appointment as the main platform of communication and documentation. We are not responsible for any information, documentation, or tasks communicated via text message, and text message chats or threads are not monitored or archived. Email and appointment notes are our only official, archived, documented, and preferred form of communication, and ensure protection of confidential client and project data.
PRODUCT CONFIDENTIALITY: DESIGN BRIAN requests that all vendor and manufacturer information that we provide is kept confidential. This includes pricing. These lists are proprietary and property of DESIGN BRIAN and is intended for you, (Client), only.
COPYRIGHT PROTECTIONS: DESIGN BRIAN reserves copyright protections for all work performed by us and delivered to you, (Client). Work cannot be changed, modified, distributed, or destroyed without clear, written, and explicit permission from DESIGN BRIAN first.
ANIMALS OR PLANTS: It is not DESIGN BRIAN’s responsibility to design for animals or plants (pets, or any domestic animals in the home) unless required by law (Service Animals).
CONTRACTOR RELATIONSHIP: DESIGN BRIAN is NOT responsible for the quality of craftsmanship performed by Contractors. Selection of the contracting service is based solely on you, (Client), and it is your responsibility to communicate all design details to Contractors using DESIGN BRIAN work. Contractors may NOT contact DESIGN BRIAN outside of the property owner, you, (Client), nor solicit any work. Contractors can and are encouraged to communicate with us via email if they have any questions (or Requests For Information) regarding our design drawings if Client is in copy (CC’d). Designer is not a general contractor and does not provide contractor services. If Project requires contractors and/or consultants to perform work based on Designers concepts, Client will enter in a contract directly with each contractor and/or consultant. Designer provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees. Designer not responsible for their oversight.
WHAT IS NOT COVERED: It is not DESIGN BRIAN’s responsibility to cover loss or damage caused by the following: (1) Abuse; (2) Any damage caused by pets; (3) Damage or odor as a result of moving or improper storage conditions; (4) Damage caused by fire, smoke, flood or other natural disaster, theft or vandalism; (5) Furniture that is used for commercial purposes; (6) Damage not reported within thirty (30) days of occurrence; (7) Products with removed or altered construction; (8) Clearance, floor model or “as is”; (9) Natural characteristics or markings on fabric, leather, wood and marble; (10) Normal wear; (11) Electronics are not covered.
IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.
SHIPPING DELAYS: DESIGN BRIAN is not responsible for delays in shipping and delivery of furniture incurred by the manufacturer, vendor, or any operators of furniture. When providing dates for arrival, it is discretionary and may change based on local shipping estimates.
SCOPE: Designer shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. Designer’s services do not include contractor services, landscape design, or architecture. Client acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.
DESIGN SERVICES: DESIGN BRIAN charges a retainer. It is to be understood by you, (Client), that the fee is not a fixed fee but is an estimate given by initial assessment for the project, that may fluctuate depending on external and internal circumstances where extra design hours are required. Typically, however, most projects are completed with the utmost quality, on time, and on budget. All Design Fees are non-refundable.
NO PRICE GUARANTEE: Designer cannot guarantee prices of merchandise, interior installation, or other services not performed by Designer. Vendor and contractor pricing is subject to change and out of the control of Designer.
REIMBURSABLE EXPENSES: Client agrees to reimburse Designer for all out-of-pocket expenses actually incurred by Designer in relation to the Project, including but not limited to, renderings, drafting services, postage and handling, freight, delivery, samples, and storage costs. Client shall reimburse Designer for all travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the project, a portion of this is collected as a contingency.
PAYMENT & FEE SCHEDULE: For all design services, invoices are due with payment within 7 days. Initial Estimates prior to project commencement expire after 30 days, whereafter the same price is not guaranteed. Invoices for time billing and reimbursable expenses are due within 7 days. Invoices more than 30 days past due will accrue a 10% late fee per month and all work will cease until invoice is paid. Designer does not accept personal checks. Designer shall be entitled to withhold delivery of all items purchased on behalf of Client should Client fail to make any payments due to Designer in a timely manner. Designer has a right to impose a lien on property for unpaid expenses regarding the work.
DRAWINGS: Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. Designer shall be held harmless for relying on the accuracy of information provided by the Client. Project drawings and documents cannot be used by Client for any purpose other than completion of Project by Designer as laid out in this agreement.
PERMITS: Client is responsible for permitting and all approvals and compliance required by any governmental agency.
INSURANCE: Client is required to have insurance coverage for all furnishings and materials during handling, moving, storage, and installation. Client is responsible for ensuring that their insurance coverage is sufficient per this Agreement. Designer cannot be held responsible to inadequate insurance coverage.
PHOTOGRAPHS & PUBLICITY: Client agrees to allow Designer and/or Designer's representatives to photograph Project during all stages of Design Services including when project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. Designer will not disclose address or Client’s name without prior consent. If Designer suggests, costs of photographs and publicity are the responsibility of the Designer. Additionally, if Client or Client's agents document the Project, Designer shall be given credit as the designers if documentation is released publicly.
OWNERSHIP OF DESIGN: Designer shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by Designer for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in design. Client shall not share or use design for additions to Project or any other project without explicit written permission of Designer.
HAVE FUN: DESIGN BRIAN strives for the most comfortable, enjoyable, and transparent design experience possible. We require open communication and honest feedback.
TERMINATION: Designer or Client can terminate this agreement by notifying the other party in writing. Client will be responsible for any outstanding reimbursable charges and hourly fees. All in-process proposals and orders will be completed by Designer and delivered to Client at hourly rate. 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 Designer’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Designer.
LIMITATION OF LIABILITY: Neither the Designer, Designer’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount in excess of the proceeds of the available professional liability insurance coverage.
DISPUTES: All disputes arising from this Agreement shall be resolved by binding private arbitration in Miami-Dade County, Florida, New York, New York, or Los Angeles, California, with each party to bear its own fees and costs. This agreement is governed by Florida, New York, and California law. Florida laws are extremely lax, California offers a lot of protection in some ways, but it also depends on where the arbitrator lives, and I was reading that you can actually choose if it came down to small claims or actual court, etc. Just thought I’d throw it in there to cover all bases. Hopefully we never have to worry about this though. We’re simply doing cute presentations from now on anyway lol.
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.
Interior Design Agreement FAQS & Policies
WHAT ADDITIONAL COSTS CAN I EXPECT? We do our best to give you a full cost estimate, but additional costs such as storage, shipping, installation, or unexpected labor do occasionally happen. We will ALWAYS communicate this to you before the costs incur. Additional services for work done outside of the project scope are communicated to you before any work is produced.
DO YOU WORK WITH CONTRACTORS? We work with the contractors hired by the client. We love working with other design professionals to create your custom space. We prefer to use professionals that we have worked with on previous projects and can provide recommendations when necessary. DESIGN BRIAN does not provide contractor services; so independent architects and contractors hired by the client 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 our control. The client as well as all professionals hired to work on the project are expected to not cause unreasonable delays in the project, we can provide a project schedule and lead times of furniture and fixtures that we design.
WHEN ARE PAYMENTS DUE? Estimates prior to project commencement are valid for 30 days. Invoices for time billing and reimbursable expenses are due within 7 days. Invoices more than 30 days past due will accrue a 10% late fee per month and all work will cease until invoice is paid.
WHAT IF I DECIDE MID-PROJECT I WANT TO ADD MORE TO THE SCOPE? Since we work hourly, increasing the scope is not a problem. We will discuss our hourly rates with you and submit an amended invoice.
WHAT IF I HAVE CONCERNS ABOUT AN ITEM? Please bring these to our 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.
HOW ARE ITEMS DELIVERED? Our policy is to have the vendors or manufacturers directly ship you the items. This includes all furniture and accessories purchased.
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Document Name: Design Brian Services Agreement
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