SERVICE AGREEMENT – DESIGN GUIDE FOR A DAY
BY PURCHASING THE DESIGN GUIDE FOR A DAY SERVICE YOU AGREE TO THESE TERMS. PURSUIT OF HOME RECOMMENDS YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This DESIGN GUIDE FOR A DAY SERVICE AGREEMENT (the "Agreement") is made effective on the DATE OF PURCHASE (the "Effective Date"), by and between the CLIENT with the principal address located as provided in ADDRESS (the "Client"), and DESIGNER Pursuit of Home, 201 Grand River St, North Paris, Ontario, N3L 2N2 (the "Designer").
A. The Client is of the opinion that the Designer has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Designer is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Designer (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
PHASE I - DESIGN CONCEPT SERVICES
OPTION 1: DESIGN GUIDE FOR A DAY SERVICES (Regular option)
On the bases of existing plans provided by the Client, we will, and where it deem appropriate, perform the following:
A. Conduct an initial design study of Client submitted materials as outlined by the Designer in paragraph 2;
B. Review with the Client the design preferences and budget for each area(s); and
C. Provide the Client with a 1 hour working lunch with the Designer that is not to exceed $50.00 total price, including tip.
D. Shop with the Client at up to 3 local retails stores or show room in order to provide product recommendations for finishes, furnishings (including movable lighting), fabrics, window coverings, wall treatments.
E. Provide curated shopping list based on the products recommended during the shopping phase of the day from the stores/showrooms visited.
For the design services described above, the Designer’s recommended stores/showrooms will be provided to the Client 48 hours in advance. Due to public insurance liability limitations, the Client and Designer are responsible to provide their own transportation to and from the Clients address and selected showrooms.
For the services described above, our fee will be six-hundred and fifty ($650.00) dollars payable at the time of purchase.
OPTION 2: DESIGN GUIDE ENHANCED OPTION
If elected by the Client at time of purchase, and on the same terms established in paragraph 1 above, we will perform the following enhanced services:
A. Prepare one (1) Conceptual Layout containing a black and white furnishing plan, not dimensioned.
For the enhanced services described above, included paragraph 1, our fee will be seven hundred and fifty dollars ($750.00) dollars payable at the time of purchase.
PHASE II: SPECIFICATION OF DECORATIVE MERCHANDISE AND PURCHASING ARRANGEMENTS
In this phase of the Project we will, as and where we deem it appropriate, perform the following:
Shop for, select and/or specially design items of furniture, furnishings, decorative light fixtures, decorative hardware, decorative fixtures, appliances, decorative accessories and the like (including related third-party services in their fabrication and installation) such as wall covering installation, decorative painting, window treatments, etc. (“Merchandise”).
Purchases for merchandise and other items purchased at retail stores are to be purchased on your own.
Any applicable Designer Discount made available to the Designer at the supplier location may be passed on to the Client provided the availability of this discount is subject to the terms and conditions of the supplier and not the Designer. The Designer can not guarantee that the supplier will provide any available discount to the Client.
The Designer does not collect commissions for merchandise recommendations at the supplier showrooms and/or retail stores where you will make purchases.
CLIENT SUBMITTED MATERIALS
Within 96 hours in advance of the scheduled Design Guide for a Day, the Client will be responsible to provide the Designer with the following materials:
An Appointment booking completed on your own.
A completed Design Guide for a Day Intake Questionnaire Form provided by the Designer.
Digital photographs of the existing room.
A minimum of 10 Inspiration Images.
A completed site measure following the instructions provided by the Designer.
All materials are to be uploaded by the Client as instructed by the Designer. Should the upload fail or otherwise be unavailable, the Client will submit the materials by email to firstname.lastname@example.org within the same advance notice time period.
Design Guide for a Day (regular service) and Design Guide plus a Day (enhanced option) are pre-scheduled in advance, depending on the Designer’s schedule. This Agreement may be terminated by either you or us upon the other party’s default in performance, provided that termination may not be effected unless written notice specifying the nature and extent of default is given to the concerned party and such party fails to cure such default in performance within twenty (20) days from the date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies, and you shall remain liable for all outstanding obligations owed by you to us.
You may, upon ten (10) days written prior notice to us, terminate this Agreement without cause. In the event of such termination, you shall remain liable for all outstanding obligations owed to us and to third parties for services and/or Merchandise then on order as of the termination date.
My Design Fee does not include any time expended by us by reason of any one or more of the following:
a) Time expended in connection with custom designed furniture and furnishings including design time, drafting time, administrative time, production oversight, and the like.
b) Material revisions required to be made by us because of inconsistencies in instructions, information, or plans previously provided by you, your architect or your other consultants.
c) We are requested to perform any services not specifically provided for above.
d) Time expended by us subsequent to 30 days from the purchase date, if the Project, through no fault of ours, is not substantially completed by such date.
e) More than one (1) revision is requested of us to our Project Documents.
f) Consultation with you regarding items supplied or purchased by you subsequent to the scheduled day,
g) You have requested more than two (2) choices up to three (3) items and you would like to see more choices.
Any time expended by us by reason of any one or more of the foregoing events shall be billed as an Additional Service at an hourly rate of $75.00 per hour. Travel time will be billed at an hourly rate of $50.00 per hour.
All invoices rendered by us are payable upon receipt of invoice.
Any amounts owed by you to us that are not paid when due are subject to an interest charge computed at an annual rate equal to two (2%) percent (or the highest percentage rate permitted by law, if lower). You will be liable for all costs (including reasonable attorneys’ fees) incurred by us in the collection of any amounts due to us by you.
The Designer does not collect commissions for product recommendations at the supplier showrooms we may visit.
Any applicable Designer Discount made available to the Designer at the supplier location may be passed on to the Client. The availability of this discount is subject to the terms and conditions of the supplier and not the Designer. The Designer can not guarantee that the supplier will provide any available discount to the Client.
At suppliers where there may be a Designer Discount available but the Designer does not have such accounts, or has not supplied the required paperwork to obtain such a discount with an account, an additional service fee of $25.00 will be billed to the Client in order to establish an account at the supplier. Once the fee has been paid by the Client, the Client shall receive the applicable supplier Designer Discount with the same terms and conditions set forth by the supplier.
Disbursements incurred by us in the interests of this Project shall be reimbursed by you to us upon receipt of our invoices for such disbursements. Reimbursements shall include among other things, courier services, travel costs, long distance telephone calls, blueprints, duplications of plans and specifications, messenger services, storage charges and the like.
Reimbursable expenses will be billed to you at their actual cost plus a twenty (20%) percent service charge for administrative time.
Our service fees are subject to applicable federal sales tax (13% H.S.T.)
Our Project Documents are conceptual in nature and intended to set forth design intent only and are not to be used for architectural, engineering or construction purposes. We do not perform architectural or engineering services. If the service of any other design professional is required, such professional will be engaged by you directly.
Should the nature of our Project Documents require the services of other design professionals, such professionals shall be engaged directly by you pursuant to separate agreement as may be mutually acceptable to you and such other design professionals.
Our time expended in meeting with such other design professionals and coordinating our design services and theirs, shall be billed to you as an “Additional Service” at the rates set forth above.
Our services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air conditioning, plumbing, electrical, ventilation, audio, video or other mechanical systems installed or to be installed at the Project site.
As we require a permanent record of our design projects, you will permit us or our representatives to photograph the premises after completion and we will be entitled to use such photographs for our business purposes including publication. If any photographs are published by us, we shall not identify your name and address in any such publication.
The Project Documents prepared by Pursuit of Home remain our exclusive property at all times. Except as otherwise provided for in this Agreement, Project Documents may not be used by you on any other project, or for the completion of this Project by you or any other firm unless we are determined to be in default of this Agreement.
In light of the many contingencies that affect design projects, we do not make any representations that actual prices for Merchandise, and or other costs of services or labor, will not vary from any budgets that you propose, establish or approve. Accordingly, actual Project costs may vary from any such budgets.
You shall have the benefit of all guarantees and warranties possessed by us against suppliers and manufacturers, but only to the extent transferrable. We make no warranties, however, for the goods or services we propose, design or provide over and above the manufacturer’s or supplier’s warranties. In particular, we cannot guarantee any fabric, material or article against fading, wearing or latent defects over and above the manufacturer’s warranty.
Should you require documentation of authenticity for antiques purchased through us, we will assist you in obtaining such documentation to the extent that we are reasonably able to do so. We cannot, however, be responsible for the accuracy of such documentation, and with respect to the purchase of antiques, artwork, and the like, we do not make any representation or warranty regarding the genuineness, attribution, provenance, authenticity, age or condition of such purchases.
You will provide us with access to the Project site and all information we may need to complete the Project. It is your responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this Project.
To the fullest extent permitted by law, our liability to you (and to those who may claim through or under you) in regard to any losses, claims or liabilities arising out of or relating to this Agreement and/or the services we perform for you or on your behalf shall not, for any reason, exceed the greater of (i) any available proceeds from insurance maintained by us (if any); or (ii) the total amount of fees actually paid by you to us under this Agreement. We are not responsible for any consequential damages; nor are we responsible for any loss, damage or delay that is caused by any reason beyond our reasonable control. In addition, by entering into this Agreement, you agree that we shall not be held liable under any contract that you may have with any other person or entity, including but not limited to any contract that you may have with any vendor, supplier, contractor or other design professional (even if we recommended such person or entity to you).
You agree to indemnify, defend and hold us harmless to the fullest extent permitted by law from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the negligence, failure and/or acts or omissions on the part of any architect, vendor, supplier, contractor or agent hired or retained by you.
By entering into this Agreement with us, you agree that no claim or action against us or arising out of this Agreement may be brought more than one (1) year after the date of the accrual of such cause of action.
In addition to any and all other rights that we may have, should you fail to make any payment due to us in accordance with this Agreement, we shall have the right to withhold delivery of any item of Merchandise and/or suspend performance of any service required to be performed by us under this Agreement.
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
The laws of the Province of Ontario shall govern this Agreement.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
All rights and obligations, which are, by their nature, continuing (including but not limited to indemnification obligations, payment obligations, our right to withhold merchandise in the event of your non-payment, and our right to use photographs of the Project) shall survive termination or expiration of this Agreement.
Our failure or delay at any time to exercise any right under any provision of this Agreement shall not limit or operate as a waiver of such right; nor shall our waiver of any breach of this Agreement operate as a waiver of any subsequent breach of the same or any other provision of this Agreement.
This Agreement (or any amendment to this Agreement) may be executed in two or more counterparts, each of which will be an original and all of which together will constitute one and the same document. Signed counterparts of this Agreement may be exchanged by email or facsimile.
This letter is a complete statement of our understanding. No other representations or agreements have been made other than those contained in this letter. This Agreement can be modified only in writing signed by both parties of this Agreement.
I thank you for the confidence you have placed in us and ask that you confirm the foregoing by signing and returning to us a copy of this letter enclosed for such purpose together with your payment representing our Design Fee plus applicable federal sales tax.
BY PURCHASING A DESIGN GUIDE FOR A DAY SERVICE PACKAGE YOU AGREE TO THESE TERMS. PURSUIT OF HOME RECOMMENDS YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.