Design Pool Template

DESIGN POOL TEMPLATE

This Design Pool Template Agreement ("Agreement") is made effective as of by and between:

Recitals

WHEREAS, Client owns or controls the property located at (the "Site") and desires design services for the planning, schematic design, and construction documentation for a swimming pool and related features (the "Project"); and

WHEREAS, Designer is experienced in pool design, landscape integration, and construction documentation and agrees to provide professional design services subject to the terms and conditions of this Agreement; and

WHEREAS, the parties intend that this Agreement set forth their entire agreement with respect to the Project.

Scope of Work

Designer shall provide the following services for the Project. Unless otherwise specified below, services include design development, plans suitable for permit application, coordination of site surveys and engineering as required, two rounds of client revisions, and preparation of construction documents.

Payment Terms

Client agrees to pay Designer the fees set forth below in exchange for performance of the Scope of Work. All fees are payable in U.S. dollars unless otherwise agreed in writing.

Invoices are due within days of invoice date. Late payments shall incur a late fee of on the outstanding balance, compounded monthly, and Client shall be responsible for all collection costs, including reasonable attorneys' fees.

Term and Termination

This Agreement commences on the Start Date and continues until the earlier of completion of the Scope of Work or the End Date, unless earlier terminated as provided herein.

Start Date:    End Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach. Upon termination, Client shall pay Designer for all services performed and expenses incurred through the effective date of termination, including reasonable wind-down costs.

Confidentiality

Each party agrees to keep confidential all proprietary or non-public information disclosed by the other party in connection with the Project ("Confidential Information") and to use such Confidential Information solely for performance under this Agreement. Confidential Information does not include information that (a) is or becomes publicly available through no fault of the receiving party; (b) is lawfully received from a third party without confidentiality obligations; or (c) is independently developed without use of the disclosing party's Confidential Information.

The obligations of confidentiality shall survive termination or expiration of this Agreement for a period of years.

Intellectual Property and Deliverables

Upon full payment of all sums due under this Agreement, Designer assigns to Client all proprietary rights in the final design deliverables prepared specifically for Client under this Agreement. Designer retains the right to use non-client-specific design concepts, standard details, and technical knowledge for other projects. Designer may retain originals and archival copies of documents and files. Client's rights in deliverables are limited to use for construction and maintenance of the Project at the Site described herein, unless otherwise agreed in writing.

Warranties; Limitations of Liability; Indemnity

Designer warrants that services shall be performed in a professional manner consistent with industry standards. Except for the express warranty set forth herein, Designer disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose. Designer's total liability for any claim arising out of this Agreement shall not exceed the total fees paid by Client to Designer under this Agreement. Client shall indemnify, defend, and hold Designer harmless from claims arising from Client's misuse of deliverables, unlicensed changes made to deliverables, or Client-directed deviations from Designer's recommendations.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Any disputes arising from this Agreement shall be resolved by binding arbitration conducted within that state, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its confidential information or intellectual property rights.

Entire Agreement; Amendments

This Agreement, including any incorporated attachments, exhibits, or schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Notices

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above or such other addresses as the parties may designate in writing, and shall be deemed given when delivered in person, by nationally recognized overnight courier, or by certified mail, return receipt requested.

Execution

The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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