ENCHANTING INTERIOR ARCHITECTURE
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Independent Contractor Agreement
Enchanting Interior Architecture
Info@EnchantInteriors.com
(404) 919-5101
www.EnchantInteriors.com
Date
*
Name
*
First
Last
Address
*
Line 1
Line 2
City
State
Zip Code
Country
Phone Number
*
Phone Number
*
Email
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Project Description
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Scope of Services
CONTRACTOR SERVICES
*
FLOORING
PAINT
WALLPAPER
3D TILES
Please select a package.
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.
select
*
FLOORING
Flooring
Comment
*
select
*
PAINT
Paint
Comment
*
select
*
WALLPAPER
Wallpaper
Comment
*
select
*
3D WALL TILES
3D Wall Tiles
Comment
*
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.
Independent Contractor (Print)
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Independent Contractor (Signature)
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Enchanting Interior Architecture
(404) 919-5101
Date
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Client (Print)
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Client (Signature)
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Date
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Submit
Home
ABOUT
Keri J. Pearson - Designer
FAQ - Interior Design
PORTFOLIO
Residential Design
>
Cascade Hideaway
Stunning Starr Basement
Popatiya Paradise
Marvelous Lake House
Lavish Lady Lair
Lavish Lady Custom Closet
Buckhead Bachelor Pad
Chic Lenox Condo Decor
Modern Monochrome Minimalist
Terrific Terry Townhouse
Cozy Linen Living Room
Pastel Paradise
Sassy Smyrna Townhouse
Marshall Cottage
Grand Rand Master Bedroom
Viverito Sunroom
Peacock Wallpaper Half Bath
Commercial Design
>
Eastside OrthoCare
Full Taste Restaurant
Nail Favor Salon & Spa
Joye Did It Nail Studio
Kwik Rooms
MMI Designer Studio
Vacation Rentals
>
Beautiful Boulevard
Nature Haven
Calma Cottage
Holiday Design
>
Penthouse Winter Wonderland
Blog