Kitchen Design Layout

KITCHEN DESIGN LAYOUT

Parties and Project Identification

Client Name:

Designer Name:

Recitals

WHEREAS, Client Name and Designer Name enter into this Agreement for the purpose of producing a kitchen design and documentation package (the "Design") for the Project Address identified above; and

WHEREAS, Designer is qualified to provide kitchen design and related services and Client desires to retain Designer to prepare a layout, schematic drawings, material selections, and specifications in accordance with the terms and conditions set forth herein.

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

Scope of Work

Payment Terms

Total Project Fee:

Deposit Amount (due upon execution):   Deposit Due Date:

Invoices are due within days of invoice date. Late payment will incur a late fee of on the outstanding balance, compounded monthly.

Reimbursable expenses (shipping, fabrication mock-ups, site measurements) will be billed at cost plus a handling fee if applicable. Expenses above require prior written approval.

Term and Termination

Commencement Date: . Expected Completion Date: .

Either party may terminate this Agreement for convenience upon days' prior written notice. Termination for cause is permitted where a material breach remains uncured for days following written notice of breach. Upon termination, Designer will be paid for services performed and expenses incurred through the effective termination date.

Change Orders

Confidentiality

Designer and Client each acknowledge that, in the course of performance, they may receive confidential information of the other party. Each party agrees to hold such information in strict confidence and not to disclose it to third parties except as required to perform under this Agreement or as required by law. Confidential information does not include information that: (a) was already known to the recipient without restriction prior to disclosure; (b) becomes publicly known through no breach by the recipient; or (c) is rightfully received from a third party without restriction. The obligations of confidentiality survive termination of this Agreement for a period of three years.

Warranties; Limitation of Liability

Designer warrants that the Services will be performed with reasonable care and skill. Designer makes no warranty as to the performance of materials supplied by third parties or by Client. Except for claims arising from gross negligence or willful misconduct, Designer's liability for any claim arising under 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 indirect, incidental, consequential, or punitive damages.

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 law principles. The parties agree to attempt to resolve disputes in good faith and to submit unresolved disputes to binding arbitration in the same state if mutual agreement on venue cannot be reached.

Entire Agreement; Miscellaneous

This Agreement, together with any attachments, exhibits, and duly executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements. No amendment shall be effective unless in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgment

By signing below, the parties acknowledge that they have read this Agreement, understand its terms, and agree to be bound by its provisions.

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