Design Agreement

This Design Agreement is made between a designer and a client whereby the client

engages the services of the designer for a certain project. The agreement provides for

the designer to submit a preliminary and final design plan and a date of completion.

The material terms of the agreement are included in this contract including the scope of

the designer's services, payment details, and warranty and indemnification provisions.

It may also be customized to address the specific needs of the parties. This document

should be used by a designer and client when entering into an agreement for the

designer's services.

DESIGN AGREEMENT



THIS DESIGN AGREEMENT(the “Agreement”) made this ____ day of ______, 2____

[Instruction: Insert Date] (the “Commencement Date”), by and between

_______________________ [Instruction: Insert Name or Business Name of Designer],

_______________________________________________ [Instruction: Insert Designer

Address] (the “Designer”) and ____________________ [Instruction: Insert Name or Business

Name of Client], _______________________________________________ [Instruction:

Insert Client Address] (the “Client”) for design services at

________________________________________ [Instruction: Insert Location Address] (the

“Location”).



WHEREAS, the Client desires to engage the services of the Designer to design the

Location;



WHEREAS, the Designer is desire to provide the Designer’s services to the Client and to

perform the work hereinafter set forth;



NOWTHEREFORE the Designer and the Client hereby acknowledge and agrees as

follows:



1. SERVICES



A. The Client shall obtain and engage the services of the Designer and the Designer shall

provide Designer’s services to the Client for the purposes of designing _____________________

[Instruction: Insert description of the Project] at the Location (the “Project”).



B. The Designer shall perform the work for the Project at the Location specified in this

Agreement or at such other location as the Client in writing may direct.



C. The design services to be provided by the Designer to the Client, shall include and be

limited to ________________________________________________ [Instruction: Insert

description/list of design services to be provided] (the “Services”).



D. The Designer shall provide to the Client within ____________ (___) days [Instruction:

Insert numbers of day for preliminary plan] of the Commencement Date, a preliminary

design plan (the “PDP”) for approval by the Client. The Client shall review the PDP submitted

by the Designer and shall within thirty (30) days of receipt of the PDP, return same to the

Designer indicating any changes or revisions (the “Revised PDP”). Upon receipt by the

Designer of the Amended PDP (“the Revised PDP Receipt Date”), the Designer shall deliver the

final design plan to the Client for approval within ___________ (___) days [Instruction: Insert

number of days for final plan] following the Revised PDP Receipt Date.

2. TERM AND TERMINATION



A. The Term hereof shall consist of two phases:



i. “Phase 1” "shall commence as of the Commencement Date and shall continue until

the Revised PDP Receipt Date.



ii. “Phase 2” shall commence upon the Revised PDP Receipt Date and shall continue

until the completion of the Project, which shall be completed by the ____ day of _________,

2_____ [Instruction: Insert Completion Date] (the “Term”), or at such other date as may be

agreed by the Designer and the Client in writing.



B. Client may terminate this Agreement without penalty at any point prior to the

commencement of Phase 2, provided that Designer has received the Phase 1 Fee and the

Materials Advance, as each are defined in paragraph 3 hereof.



C. This Agreement may be terminated by the Designer or the Client at any time in the event

that either the Designer or the Client breaches any material provision of this Agreement.

Notwithstanding the foregoing, no failure by either party to perform any of its material

obligations hereunder shall be deemed a breach hereof, unless the non-breaching party has given

written notice of such failure to the breaching party, and the breaching party fails to cure such

non-performance within thirty days after receipt of such notice (fifteen (15) days with respect to

non-payment).



3. FEES



A. The Client shall pay the Designer as follows:



i. ___________ Dollars ($_____) [Instruction: Insert Phase 1 Fee] will be paid to the

Designer upon execution of this Agreement (the “Phase 1 Fee”);



ii. ___________ Dollars ($_____) [Instruction: Insert Phase 2 Fee] will be paid to the

Designer upon the commencement of Phase 2 (the “Phase 2 Fee”); and



iii. ____________ Dollars ($_____) [Instruction: Completion Fee] will be paid to the

Designer upon completion of the Project (the “Completion Fee”).





B. The Client shall be solely responsible for all costs associated with any materials

purchased by the Designer for completion of the Project including but not limited to, paint,

painting supplies, wall coverings, window coverings, furniture and accessories. The Client shall

pay to the Designer a sum of _______________ Dollars ($_______) [Instruction: Insert

Amount to be advanced for materials] (the “Materials Advance”) for any materials required by

the Designer f