Floorplan Design Template

FLOORPLAN DESIGN TEMPLATE

This Floorplan Design Template Agreement ("Agreement") is entered into as of by and between Client Name: , Address: , and Designer Name: , Address: .

RECITALS

WHEREAS, the Client requires professional floorplan design services for the property located at (the "Project"); and

WHEREAS, the Designer represents that it possesses the necessary experience, skill and personnel to perform professional floorplan design services and will provide such services in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth the terms and conditions under which the Designer will perform design services and deliver floorplan documents for the Project.

SCOPE OF WORK

PAYMENT TERMS

Total Fee: $

Deposit Amount (if required): $

Final Payment Due Upon Acceptance or Completion:

Late Fee: on overdue balances, and the Client will also be responsible for collection costs, including reasonable attorney fees.

TERM AND TERMINATION

Term Commencement Date: . Anticipated Completion Date: .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Termination by Client for convenience requires days written notice and payment for work performed and reimbursable expenses to date.

CONFIDENTIALITY

Each party agrees to maintain in confidence all Confidential Information disclosed by the other party. "Confidential Information" means non-public business, technical, design, pricing, and project information disclosed in any form. Confidential Information does not include information that is or becomes publicly known through no breach of this Agreement, is rightfully received from a third party without restriction, is independently developed without use of the disclosing party's Confidential Information, or is required to be disclosed by law, provided the receiving party gives prompt written notice and cooperates with any protective order or other reasonable measures.

The Designer's obligations include safeguarding electronic and physical floorplans, not using client data for other projects, and returning or destroying Confidential Information upon termination or request.

INTELLECTUAL PROPERTY AND LICENSES

Designer retains ownership of original design files, sketches, drawings and CAD/BIM source files (Designer Materials). Upon full payment, Designer grants Client a non-exclusive, non-transferable license to use final floorplan deliverables for the Project site only. Any reuse, modification or use on other projects requires Designer's prior written consent and may require additional fees.

CLIENT RESPONSIBILITIES

LIABILITY, INSURANCE, AND INDEMNITY

Designer's liability for any claim arising out of this Agreement shall be limited to direct damages not to exceed the total fees paid by Client under this Agreement. Neither party shall be liable for consequential, incidental, special or punitive damages. Each party shall maintain insurance customary for its industry, including professional liability insurance where applicable. Client shall indemnify and hold Designer harmless from claims arising from Client-provided information, site conditions, or construction implementation of the designs, except to the extent arising from Designer's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction of , without regard to conflict-of-law principles.

ENTIRE AGREEMENT

This Agreement, including any attachments and written change orders executed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. Any amendment must be in writing and signed by authorized representatives of both parties.

DISPUTE RESOLUTION

The parties shall attempt to resolve disputes arising out of this Agreement through good faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in the county or equivalent of the governing jurisdiction, conducted by a single arbitrator experienced in construction or design disputes, and judgment upon the award rendered may be entered in any court having jurisdiction.

NOTICES

ACCEPTANCE

Final deliverables shall be deemed accepted by Client upon written confirmation of acceptance, or if no written rejection specifying deficiencies is provided within days following delivery. If rejected, Designer shall correct documented deficiencies within a reasonable time at no additional charge if within the scope of work; otherwise corrections will be billed as additional services.

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