Bathroom Design Template

BATHROOM DESIGN AGREEMENT

This Bathroom Design Agreement (the Agreement) is entered into as of (Effective Date), by and between Designer: and Client: .

WHEREAS

WHEREAS, Designer is engaged in the business of providing architectural and interior design services for residential bathrooms and possesses the experience and technical skill necessary to perform the services described herein; and

WHEREAS, Client desires to retain Designer to prepare designs, drawings, specifications and procurement assistance for the bathroom project located at (Project).

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

SCOPE OF WORK

Floor plan(s)    Elevations    3D renderings    Materials/fixtures list    Procurement assistance    Project administration

PAYMENT TERMS

Total fee for the services described in this Agreement shall be $ , payable according to the schedule below.

Deposit: $ due upon execution of this Agreement on or before .

Balance: $ due upon delivery of final design deliverables or by , whichever occurs first.

Accepted payment methods: .

Late payments shall incur interest at on the outstanding balance, compounded monthly, plus any collection costs and attorney fees reasonably incurred to collect overdue amounts.

PROJECT SCHEDULE & MILESTONES

Due date:

Due date:

TERM AND TERMINATION

This Agreement shall commence on and shall continue until , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. In the event of termination, Client shall pay Designer for work performed and costs incurred through the termination date, including any non-cancellable commitments reasonably made on behalf of the Project.

Either party may terminate immediately for material breach by the other if the breaching party fails to cure the breach within 14 days of written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that in performing under this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical or financial information disclosed in any form. Each party shall: (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information; (b) not disclose Confidential Information to any third party except employees, contractors or consultants who have a need to know and are bound by confidentiality obligations no less protective than those herein; and (c) use Confidential Information solely for purposes of performing obligations under this Agreement.

Confidentiality obligations shall survive termination of this Agreement for a period of years, except with respect to trade secrets, where obligations shall continue as long as the information remains a trade secret under applicable law.

Notwithstanding the foregoing, Confidential Information does not include information that: (i) is or becomes publicly available through no breach of this Agreement; (ii) is rightfully received from a third party without restriction; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or court order, provided the disclosing party is given prompt notice and cooperates with reasonable efforts to obtain a protective order.

The parties acknowledge that monetary damages may be inadequate to remedy a breach of confidentiality and agree that injunctive relief is an appropriate remedy in addition to any other remedies available at law or in equity.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Designer's liability to Client for any claim arising out of or relating to this Agreement shall be limited to direct damages not to exceed the total fees paid to Designer under this Agreement. In no event shall either party be liable for special, incidental, consequential, punitive or exemplary damages, even if advised of the possibility of such damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice of law principles.

ENTIRE AGREEMENT

This Agreement, together with any exhibits, schedules, or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment must be in writing and signed by both parties.

NOTICES

MISCELLANEOUS PROVISIONS

Relationship of the parties: Designer is an independent contractor and nothing in this Agreement shall be construed to create an employment, partnership, joint venture or agency relationship. Designer shall be responsible for all taxes and benefits applicable to its personnel.

Assignment: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Designer may assign to a successor in connection with a sale of substantially all of Designer's business assets, provided the assignee assumes Designer's obligations.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

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