Independent Contractor Agreement

    Enchanting Interior Architecture
    ​Info@EnchantInteriors.com
    (404) 919-5101
    www.EnchantInteriors.com

                                                     Scope of Services
    The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

    Flooring

    Paint

    Wallpaper

    3D Wall Tiles

    Term of Agreement

    The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.

    Compensation

    Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). client agrees to pay a percentage of 50% at beginning & 50% at completion of project for all services described above.  The client further agrees to pay in $100 increments for purchasing of goods extending designer pricing at a discounted rate of a 20% mark-up to the client.  Expected expenses included in the percentage pricing are travel time to meet with consultants, reproduction costs of plans, and other project documents.  Other expenses may be necessary and will be discussed with you before the designer incurs them.  Consulting charges by contractors or other advisers that are required shall be billed directly to you by the consultant.

    Payment

    The client will pay a retainer of 50% of $_________ (the "Compensation") upon signing this agreement. ALL DEPOSITS ARE NONREFUNDABLE. All remaining services fees are due at the completion of the project. Additional time on the project as follows:
    o An invoice will be sent after preliminary plans and possible elevations are reviewed with you.
    o An invoice will be sent after approval by you of finalized drawings and specifications.
    o An invoice will be sent at the completion of the project.
    o All payments are due within 10 days of your receipt of invoice. Payments to third party consultants are due in accordance to their billing procedures and are paid directly to the third party provider.

    Background

    • The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
    • The Contractor 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 Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

    Changes

    Any changes made to this plan must be discussed with Client and Designer and approved in writing before their implementation. Changes will delay completion date and an additional fee may be charged.

    Cancellation

    Client has the right to terminate this agreement at anytime, however, ALL DEPOSITS ARE NONREFUNDABLE. If the Contractor is at 50% completion of project, Client is subject to a 30% cancellation fee of the remaining fee agreed upon.

    In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.

    ​The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

    Liability

    Any Damages cause by the Contractor will be paid for by the Contractor. Any Damages caused by the Client or Client’s hired contractor will be the responsibility of the Client.

    Supplies & Reimbursement of Expenses 

    The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. All expenses must be pre-approved by the Client.

    Confidentialitly

    • Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
    • The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

    Ownership of Intellectual Property

    • All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a "work made for hire" and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
    • The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

    Capacity/Independent Contractor

    In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.

    Indemnificaiton

    Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

    Modification of Agreement

    Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

    Time of the Essence

    Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

    Assignment

    The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

    Entire Agreement

    It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

    Waiver

    ​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.

    Other terms applicable to this project

    o   Drawings and documents prepared for this project remain the property of Enchanting Interior Architecture and cannot be used without the permission of Enchanting Interior Architecture.
    o   Enchanting Interior Architecture provides good faith in assisting you in obtaining the services of qualified contractors but cannot be held responsible for the performance, quality, or timely completion of work by these third parties.  Enchanting Interior Architecture is also not responsible for changes made by you or consultants without notification to the designer.
    o   Enchanting Interior Architecture will provide on site supervision during the construction, as the designer deems necessary.  Primary construction supervision remains the responsibility of the contractors hired to do the work.
    o   Any work that the client requests of the interior designer in addition to the work described will only be started after an amended agreement has been prepared and approved by both parties.
    o   This agreement may be terminated by either party upon seven (7) days written notice.  In the event of termination by the client, the client agrees to compensate the designer for all work completed up to the time of termination.
    o   The client and Enchanting Interior Architecture agree that this letter constitutes the complete agreement between the designer and the client.  Both parties also agree that disputes are to be handled by a third party arbitrator.  

    Photography Consent

    ​I, __________________________________________________ hereby authorize  Enchanting Interior Architecture, LLC, to publish photographs taken of my interior design furnishings, fixtures, finishes and/or personal property associated with Enchanting Interior Architecture product, and my name, the city and state in which I live, and testimonial if given, for Enchanting Interior Architecture's online advertising, social media advertising, print advertising, online and video-based marketing materials, as well as other Enchanting Interior Architecture publications.

    I hereby release and hold harmless Enchanting Interior Architecture (from any reasonable expectation of privacy or confidentiality associated with the images specified above. 

    I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or online advertising or other Company publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever. 

    I hereby release Enchanting Interior Architecture and its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.

    Enforceability

    If any provision of this agreement are deemed unenforceable, the remaining provisions will be binding and enforceable.

    This agreement is subject to the laws and regulations of the state of ______.

    Your authorized signature on a copy of this agreement and payment (check, charge or cash) for the retainer are necessary before we can begin the services described. 
    ​We thank you for the opportunity to submit this agreement.    

    Enchanting Interior Architecture
    (404) 919-5101