Garden Design Proposal

GARDEN DESIGN PROPOSAL

Parties and Project

WHEREAS, Client Name: desires the planning, design, and specification services set forth herein for the grounds located at the Project Address; and

WHEREAS, Designer Name / Business: is experienced in landscape and garden design and is willing to perform such services upon the terms and conditions of this Proposal (the "Agreement").

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties agree as follows.

Scope of Work

Designer will provide professional garden design services as described below. Services include site analysis, concept plans, planting plans, hardscape layout, materials specification, construction detailing sufficient for permitting and contractor bidding, and up to the number of design revisions specified in this Proposal. Designer will coordinate with Client regarding plant selections and placement but is not responsible for construction means, methods, or contractor performance unless otherwise agreed in writing.

Payment Terms

Total Fee: $. Payment shall be made in accordance with the schedule below. Client agrees to pay invoices within the stated payment period; late payments shall accrue late fees as set forth herein.

Late Fee: If any payment is not received within days of the invoice due date, a late fee of per month (or the maximum lawful rate) will be applied to the outstanding balance.

Project Schedule, Term and Termination

Project Start Date: . Estimated Completion Date: . Time is an estimate and is subject to timely approvals, weather, material availability, and contractor schedules.

Term: This Agreement commences on the Project Start Date and continues until completion of the services described in the Scope of Work unless earlier terminated in accordance with this Section.

Termination for Convenience: Either party may terminate this Agreement upon days' written notice. Upon termination, Client shall pay Designer for all services rendered, expenses incurred, and deliverables provided through the effective date of termination.

Client Responsibilities

Permits and Approvals: Client is responsible for securing any permits, approvals, or homeowner association consents required for construction unless Designer and Client expressly agree in writing that Designer will provide permit application services and such services and fees are included in the Payment Schedule.

Revisions and Additional Services

Designer will include up to rounds of design revisions as part of the fee. Additional revisions or services beyond the Scope of Work will be considered Extra Services and billed at Designer's standard hourly or project rate, with prior written authorization from Client.

Confidentiality; Intellectual Property

Confidential Information: Each party shall treat as confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. Confidential information does not include information that is or becomes publicly available through no breach of this Agreement, that was known to the receiving party prior to disclosure, or that is independently developed by the receiving party. Both parties agree to use Confidential Information only for purposes of performing this Agreement.

Ownership and License: Designer retains ownership of all original design work, drawings, plans, and intellectual property created prior to and during the performance of this Agreement ("Design Materials"). Upon full payment of all fees due under this Agreement, Designer grants Client a non-exclusive, non-transferable license to use the final Design Materials for the Project Address for the purpose of construction and maintenance of the garden. Reproduction, resale, or adaptation of the Design Materials for use at other locations or for commercial resale is prohibited without Designer's prior written consent.

Indemnity; Limitation of Liability

Indemnity: Each party shall indemnify and hold harmless the other party from and against any claims, liabilities, losses or expenses arising out of the indemnitee's gross negligence or willful misconduct in connection with this Agreement. Designer's obligations do not extend to contractor means and methods, or to acts or omissions of third-party contractors engaged by Client.

Limitation of Liability: To the maximum extent permitted by law, Designer's total liability to Client for any claim arising from or related to this Agreement shall not exceed the total fees paid to Designer under this Agreement. In no event shall Designer be liable for consequential, incidental, or punitive damages.

Governing Law; Dispute Resolution

Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of , without regard to choice-of-law principles.

Disputes: The parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiations. If resolution cannot be reached within thirty (30) days, the parties may pursue any remedy available at law or in equity in the appropriate court in the agreed governing state.

Entire Agreement; Amendments

Entire Agreement: This Agreement, including all referenced attachments and the Scope of Work, constitutes the entire understanding between Client and Designer with respect to the subject matter herein and supersedes all prior discussions, proposals, and agreements, whether written or oral.

Amendments: No amendment to this Agreement will be effective unless it is in writing and signed by both parties.

Acceptance

By signing below, the parties acknowledge that they have read, understand, and agree to be bound by the terms and conditions of this Garden Design Proposal. Acceptance is effective upon signature by both parties.

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