Landscape Design Specification Form

LANDSCAPE DESIGN SPECIFICATION FORM

Parties

Client Name:    Designer Name:

Recitals (WHEREAS)

WHEREAS, Client engages Designer to prepare landscape design plans, specifications and related documentation for the property identified above (the "Project");

WHEREAS, Designer represents that Designer possesses the professional qualifications, expertise and experience to perform landscape design and to prepare the specifications and drawings required for implementation of the Project;

WHEREAS, the parties desire to set forth their agreement with respect to the scope, deliverables, compensation, and other terms and conditions governing Designer's performance for the Project.

Scope of Work

Designer will provide professional landscape design services including, but not limited to, site analysis, conceptual design, planting plans, hardscape layout, irrigation recommendations, material specifications, and construction documentation as set forth below. Additional services will be provided only by written change order.

Deliverable Milestones (check applicable):
Concept Plan    Final Plan    Planting Plan    Construction Documents

Payment Terms

Client shall pay Designer compensation in accordance with the following terms. All fees are exclusive of applicable taxes unless otherwise stated.

Late payment shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Client shall also be responsible for reasonable collection costs, including attorneys' fees.

Term and Termination

This Agreement commences on the Start Date and continues until completion of the Scope of Work or until earlier termination in accordance with this section. Either party may terminate for material breach if the breaching party fails to cure within the Notice Period after receipt of written notice.

Start Date:    End Date (estimated):

Confidentiality

Each party acknowledges that during the course of performance it may receive Confidential Information of the other. "Confidential Information" means non-public business, technical, or financial information disclosed in connection with this Agreement. Each party shall: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to third parties except to employees, contractors or consultants who have a need to know and are subject to equivalent confidentiality obligations; and (c) use Confidential Information only for purposes of performing obligations under this Agreement. Confidential Information does not include information that is public through no breach, was known prior to disclosure, lawfully obtained from a third party, or required to be disclosed by law or valid legal process, provided the disclosing party is given prompt notice and opportunity to seek protective relief.

Changes and Additional Work

Any changes to the Scope of Work requested by Client shall be documented in a written change order signed by both parties. Designer shall be entitled to additional compensation and time for performance for approved changes. Emergencies that pose immediate risk to persons or property may be addressed without prior written change order, but any related additional fees will be documented and approved afterward.

Insurance; Warranties

Designer shall maintain professional liability and general liability insurance customary for landscape design professionals. Designer warrants that services will be performed in a competent and professional manner consistent with industry standards. Except as expressly set forth, Designer disclaims all other warranties, express or implied.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Venue for any dispute shall be in the state or federal courts located within that State.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from and against claims, losses and liabilities arising from its negligent acts or omissions in connection with this Agreement, except to the extent caused by the indemnified party's negligence or willful misconduct.

Entire Agreement

This document, together with any written change orders executed by both parties, constitutes the entire agreement between Client and Designer with respect to the Project, and supersedes all prior negotiations, communications and agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

Notices

Acceptance

By signing below, Client and Designer certify that they are authorized to enter into this Agreement, that they have read and understood its terms, and that they accept and agree to be bound by its provisions.

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