Landscape Design Pool Template

LANDSCAPE DESIGN & POOL AGREEMENT

This Agreement is entered into as of by and between Landscape Designer: with principal address:

and Client Name: with principal address:

Recitals

WHEREAS, Designer is engaged in the business of landscape design and pool design and construction planning and possesses the expertise, personnel and resources necessary to perform the services described in this Agreement;

WHEREAS, Client desires to retain Designer to prepare landscape and pool design documents, specifications and construction administration for the property located at:

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows.

Scope of Work

Designer shall provide landscape design and pool design services (the "Services") for the Project. The Services shall include the deliverables selected below and any additional tasks expressly agreed in writing.

Payment Terms

Payments not received within 15 days after invoice due date shall incur a late fee of and interest at the rate of on the unpaid balance.

Term and Termination

This Agreement commences on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days written notice to the other party. Termination for cause may occur where a party materially breaches this Agreement and fails to cure within 14 days of written notice of breach. Upon termination Designer shall be paid for all Services performed and reimbursable expenses incurred through the effective date of termination.

Confidentiality

Each party shall hold in confidence and not disclose to any third party any proprietary or confidential information received from the other party in connection with the Services, except: (a) information which is or becomes publicly available through no fault of the receiving party; (b) information already known to the receiving party without obligation of confidentiality; or (c) information required to be disclosed by law or court order, provided the disclosing party gives prompt notice. This obligation shall survive termination of this Agreement for a period of three (3) years.

Design Documents and Intellectual Property

Designer retains all copyright and ownership in design concepts, drawings, specifications and other instruments of service created by Designer, except that upon full payment Client is granted a non-exclusive license to use the final design documents for construction and maintenance of the Project. Any reuse of the documents for other projects or purposes or modifications by others without Designer's prior written consent is at Client's risk and shall indemnify Designer for any resulting claims.

Insurance, Indemnity and Liability

Designer shall maintain commercial general liability insurance in amounts customary for the trade. To the fullest extent permitted by law, Client agrees to indemnify and hold Designer harmless from liabilities, claims and expenses (including reasonable attorney's fees) arising out of Client's breach of this Agreement, negligent acts of contractors engaged by Client, or modifications to Designer's work without Designer's written consent. Designer's liability for any claim arising out of this Agreement shall be limited to direct damages not to exceed the total amounts paid to Designer under this Agreement; Designer shall not be liable for consequential or punitive damages.

Permits and Approvals

Unless expressly included in the Scope of Work, Designer is not responsible for obtaining building permits, entitlements or approvals. Where Designer assists with permit submittals, Client shall reimburse Designer for time and expenses related to plan revisions, agency coordination, and resubmissions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Venue for any action shall be the state or federal courts located in the county in which the Project is located.

Notices

All notices required or permitted shall be in writing and delivered to the addresses set forth below or such other address as a party may designate by notice.

Entire Agreement

This Agreement, including all exhibits and attachments referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. Any amendment or modification to this Agreement must be in writing and executed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

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