Service Agreement (Interior Design)

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Agreement between a client and an interior designer. This agreement sets out the scope of the design project, fees, manner of payment and completion date.

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A Residential Interior Design Service Agreement is an agreement between a contractor (or interior designer) and a client for design services related to a residential property (as opposed to a commercial property). A service agreement is helpful because it provides the terms and conditions of the arrangement. What specific services will the interior designer provide? How will the furnishings and fixtures be purchased? How and when will client approvals be given? Who will manage any third party contractors or installers? How and when will the interior designer be paid? These are all questions that will be answered in the service agreement. In addition, the service agreement will reaffirm that an employer/employee relationship is not created.

Among others, this form includes the following provisions:
Project
Services
Design Concept and Specifications
Time of Completion and Approvals
Fees and Manner of Payment
Ownership of Project Documents
Right to Photograph

This packet includes:
(1) General Information & Checklist;
(2) Information about the Residential Interior Design Service Agreement;
(3) Step-by-Step Instructions for filling out the agreement;
(4) The Residential Interior Design Service Agreement (the "Agreement")

This form can be used in all states.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Residential Interior Design Service Agreement













This Packet Includes:
1. Instructions & Checklist
2. General Information
3. Step-by-Step Instructions
4. Residential Interior Design Service Agreement








Instructions & Checklist
 Residential Interior Design Service Agreement


   Both the client and contractor must sign the Agreement.  Because both parties will want to retain an original, two originals should be signed.

   The Agreement should be signed at the beginning of the term of service.

   This form should not be used if the contractor is considered an employee of the client.

   If you like, you can erase the italicized statements on the Agreement.  These are just instructions to help you complete it.

   These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at www.findlegalforms.com.







General Information
Residential Interior Design Service Agreement

A Residential Interior Design Service Agreement is an agreement between a contractor (or interior designer) and a client for design services related to a residential property (as opposed to a commercial property).  A service agreement is helpful because it provides the terms and conditions of the arrangement.  What specific services will the interior designer provide?  How will the furnishings and fixtures be purchased?  How and when will client approvals be given?  Who will manage any third party contractors or installers?  How and when will the interior designer be paid?  These are all questions that will be answered in the service agreement.  In addition, the service agreement will reaffirm that an employer/employee relationship is not created.
An important preliminary step to a Residential Interior Design Service Agreement is an initial face-to-face meeting between the interior designer and client.  At this meeting, the parties discuss the project, client's design preferences and functional requirements, and budget.  The points discussed at this meeting will form the terms of the Residential Interior Design Service Agreement and some designers require a deposit before embarking on the next phase of the project.
Some projects require the engagement of third party contractors and installers to complete certain technical work, such as electrical and plumbing.  While some interior designers frequently collaborate with architects and engineers, this agreement does not contemplate structural work and as such is not to be used for architectural or engineering purposes.
Employment relationships are governed by both federal and state law.  Many of the state laws differ dramatically; therefore, the client and the contractor should become familiar with the laws of their specific state and the federal government before entering into this type of arrangement.  In addition, before using the form you should always consult with your attorney to ensure that it addresses your specific situation.





Step-by-Step Instructions
Residential Interior Design Service Agreement

   The following instructions will walk you through each provision to help you fully understand the terms of your Agreement.  The numbers below correspond with the respective provision within the Agreement.

   Heading: Fill in the date that the Agreement is being entered into, and the name of each party (Contractor, and the name of Client).

   Section 1: Project. Provide the name, title, and/or address of the Project, and indicate what residential spaces are included.
   Section 2: Services. This is the "meat" of the Agreement, as it sets forth a detailed description of the services to be provided.
   Subsection (a): Design Concept.  After the initial face-to-face meeting, Contractor will formulate a design plan or plans (often with use of computer-aided design or "CAD" software).  The parties should specify whether the schematics will include such items as lighting, cabinets and the like.  Also, Contractor will usually provide visual references and samples at this point to aid Client in making decisions about furniture and furnishings, fabric, color palettes, interior finishes, wall coverings, floor coverings, etc.
   Subsection (b): Design Specifications.  When the design concept is finalized, the parties then specify in detail the furniture, furnishings, materials and finishes required, and whether any items will be custom designed.
   Subsection (c): Purchasing.  In this phase, Contractor will generally issue purchase orders for the required items.  This subsection specifies the information that such purchase orders should include, whether any deposit will be due prior to purchasing, and whether custom merchandise will be refundable.


   Subsection (d): Third Party Contractors and Installers.  Some designs will require the hiring of contractors to do technical work such as lighting, plumbing, and electrical wiring.  Here the parties specify the type of technical work necessary, the budget, how changes to the budget will be handled, how the third party contractors and installers will be engaged, and the project management services provided by Contractor.



   Section 3: Time of Completion and Approvals.  Here the parties set a timeline for approval and completion of each phase of the project.
   Section 4: Services Estimate and Additional Services.  Here the parties set an estimate for the design services (based upon total number of designer hours or a fixed fee), as well as a procedure for how additional services will be handled.

   Section 5: Payment.  Specify how Contractor will be paid for services rendered.

   Subsection (a): Fee.  Specify whether a retainer is required and whether Contractor will be paid by the hour, or a fixed fee.

   Subsection (b): Manner of Payment.  Specify when the payments will be made and whether the payments will be in the form of cash, check or credit card.

   Section 6: Reimbursable Expenses.  Set forth all of the expenses for which Contractor will be reimbursed.

   Section 7: Project Account Records.  This is an optional provision, but it is a good idea to specify that Contractor shall be responsible for keeping project account records in the event that Client wishes to review or audit such records should a disagreement arise.

   Section 8: Ownership of Project Documents.  This is another optional, but recommended, provision.  This provision specifies that the project documents are Contractor's property to be used only in connection with the Project except where Contractor's consent has been given otherwise.

   Section 9: Right to Photograph.  Contractor will likely wish to photograph the completed Project for portfolio and business purposes, and this provision makes clear that Contractor shall have the right to do this without disclosing the Project location or Client's personal information, unless Client's consent is given otherwise.

   Section 10: Arbitration.  It is a good idea to specify how disputes will be resolved, and this optional Arbitration provision does just that.



   Section 11: Attorneys' Fees and Costs.   Should the parties not opt to include the above Arbitration provision, they may wish to clarify who will pay attorneys' fees and costs should litigation in a court of law arise.  This optional subsection states that if one party breaches the Agreement, and the non-breaching party seeks enforcement of the Agreement in a court or other forum, the party who breached the Agreement shall pay all reasonable attorneys' fees and costs incurred by the non-breaching party.



   Section 12: Limitation on Liability. In this optional provision, Client assumes liability for any injury to person or damage to property which results directly or indirectly from the Contractor's performance.

   Section 13: Term. Fill in the service start date.  This provision explains that the Agreement is terminable at will by either party upon written notice.

   Section 14: Cancellation.  Here the parties may specify the amount of written notice required to cancel the Agreement, where the other party fails to substantially perform with the terms of the Agreement.  Also, the parties may specify any balances owed where Contractor cancels without fault.

   Section 15: Notice.  Fill in the mailing address of each party to be used for written notice.

   Section 16: General Provisions.

  Subsection (a): This subsection states that the services shall be performed in a good and workmanlike manner and shall comply with all building codes and other applicable laws.  Generally, workmanlike manner means doing the work in an ordinary skilled manner as a skilled workman would perform the work.

   Subsection (b): This subsection states that Contractor and his/her/its employees or agents are licensed and therefore authorized to perform the interior decorating services.

   Subsection (c): In this subsection, Contractor warrants that he/she/it carries insurance to cover injuries to himself/herself/itself, his/her/its employees and others who are injured or who suffer loss as a result of Contractor's or his/her/its employees' acts.

   

Subsection (d): This subsection states that in the event Client fails to make any payments, Contractor can cease performance of the services without breaching the Agreement, pending payment or a resolution of the dispute.

   Subsection (e): This subsection states that Contractor shall not be liable for any delay or nonperformance of the services, so long as the delay or nonperformance is not due to circumstances within his/her/its control.



   Subsection (f): This subsection reaffirms that Contractor is an independent contractor.  This is an important distinction for the purposes of tax status, insurance and liability.  During the employment relationship both parties should be careful to keep this distinction clear.  It is recommended that the parties review the rules set forth by the IRS on this subject and also any state laws that may apply.

   Subsection (g): If either party chooses to modify this Agreement in any way, this subsection states that the modification must be put in writing and signed by both parties.

   Subsection (h): This subsection specifies the state whose laws shall be used to interpret the Agreement.  Generally, this will be the state where the interior design services are being performed.

   Subsection (i): This subsection states that neither Client nor Contractor may assign any rights or duties under the Agreement to a third party, without the consent of the non-assigning party.

   Subsection (j): This subsection states that the headings used to describe each provision are not to be used in any determination as to the meaning of the provision itself.  Rather, the headings are for the parties' convenience only.

   Subsection (k): This subsection specifies that the Agreement is considered the complete agreement between the parties. Any prior agreements are invalid.

   Subsection (l):  This subsection states that if one or more provisions of the Agreement are deemed unenforceable (e.g., by a court), that provision is severable from the rest of the Agreement, which shall remain binding and enforceable on the parties.

   Signature Block.  Each party should sign and date two original Agreements.  Each party should retain an original for their reference.





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Residential Interior Design Service Agreement


This Residential Interior Design Service Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between _______________________
______________________________________________ (“Contractor”) and ____________________________________________(“Client”) (collectively the “Parties”).  The Parties agree as follows:

1.   PROJECT:  The Agreement pertains to the following site ("Project"):
_______________________________________________________________________________________________________________________________________________________________________________________________________________ (specify address, title and/or other description of the Project)

The Project pertains to the interiors of the following areas within the location specified above: (Check all that apply)

   Entryway
   Family Room
   Living Room
   Dining Room
   Kitchen
   Home Office
   Master Bedroom
   Master Bath
   Bedroom (specify _____________)
   Bedroom (specify _____________)
   Bedroom (specify _____________)
   Bath (specify _____________)
   Bath (specify _____________)
   Bath (specify _____________)
   Closet (specify _____________)
   Recreation Room
   Sunroom
   Basement
   Other (specify _____________)


2.   SERVICES:  Contractor will perform the residential interior design services described below (the "Services"):

(a)   DESIGN CONCEPT:  In this phase of the Project, Contractor shall perform the following:  (check all that apply)

   Evaluate and measure space, and take inventory of existing furniture, furnishings and equipment.

   Prepare the following schematics/plans based upon Client's design preferences and functional requirements:

 Space             Colors, Materials, Finishes
 Furniture/Furnishings    Lighting
 Cabinets          Built-ins
 Other_____________   

   Provide visual references, samples and other materials to generally represent the initial design concept (e.g. furniture/furnishings, fabric, color palettes, interior finishes, wall coverings, floor coverings, ceiling treatments, lighting treatments, and window treatments).

   Other
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Specify other Services to be performed, e.g., additional meetings with Client to discuss and refine the Design Concept, etc.  Attach an appendix if you require more space)

(b)   DESIGN SPECIFICATIONS:  In this phase of the Project, Contractor shall perform the following:  (check all that apply)

   Select for purchase the following required items:

 Furniture/Furnishings (________________________________________)
 Light Fixtures (______________________________________________)
 Flooring (__________________________________________________)
 Wall Covering (_____________________________________________)
 Cabinets (__________________________________________________)
 Built-ins (__________________________________________________)
 Window Treatments (_________________________________________)
 Ceiling Treatments (__________________________________________)
 Fixtures (___________________________________________________)
 Accessories (________________________________________________)
 Art (_______________________________________________________)
 Other (_____________________________________________________)

   Custom design the following required items:

 Furniture/Furnishings (________________________________________)
 Light Fixtures (______________________________________________)
 Flooring (__________________________________________________)
 Wall Covering (_____________________________________________)
 Cabinets (__________________________________________________)
 Built-ins (__________________________________________________)
 Window Treatments (_________________________________________)
 Ceiling Treatments (__________________________________________)
 Fixtures (___________________________________________________)
 Accessories (________________________________________________)
 Art (_______________________________________________________)
 Other (_____________________________________________________)

   Other
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Specify other Services to be performed, e.g., additional meetings with Client to discuss and refine the Design Specifications, etc.  Attach an appendix if you require more space)

(c)   PURCHASING: In this phase of the Project, Contractor shall perform the following:  (check all that apply)

   Prepare and submit for Clients written approval purchase orders for the purchase of the items specified above.

 Such purchase orders shall identify the item, price, applicable sales tax,
 and freight cost.

 The price of each item to Client shall be the amount charged to   Contractor by the supplier of such item, plus a purchase fee of _______ Percent (____%).

 A deposit of ______ _______ Percent (____%) of the Client Price is due prior to issuance of the purchase orders.

 Custom merchandise is non-refundable. Custom merchandise will be identified as such on the purchase orders. All sales of custom merchandise are final.

   Other
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Specify other Services to be performed, e.g., additional meetings with Client to discuss purchase orders, whether Contractor will be responsible for receipt, inspection and acceptance on behalf of Client of furniture, furnishings and equipment at time of delivery, etc.  Attach an appendix if you require more space)

(d)   THIRD PARTY CONTRACTORS AND INSTALLERS:  If the Project requires the engagement of Third Party Contractors and/or Installers to perform certain technical work, the following provisions shall apply: (check all that apply)

   Based on the Parties' discussions, the construction budget for this Project is _____________________ Dollars ($__________), and the technical work to be performed includes the following:  (check all that apply)

 Lighting           Plumbing
 Electrical          Carpentry/Woodwork
 Heating          Air Conditioning
 Ventilation          Flooring
 Countertops          Window Treatment
 Art Installation       Other_____________

   Should Client require changes in the Project scope during this phase, the above budget will be amended with Client's written consent only.  Changes in Project scope include the following:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Specify.  Attach an appendix if you require more space)

   The Third Party Contractors and/or Installers will be engaged as follows:

 Contractor will refer Client to appropriate licensed and insured Third
Party Contractors and/or Installers.

 Contractor will choose appropriate licensed and insured Third Party
Contractors and/or Installers.

 Client will directly contract with the applicable licensed and insured      Third Party Contractors and/or Installers.  

 Contractor will write work contracts for technical work to be performed
by the applicable licensed and insured Third Party Contractors and/or
Installers.

 Contractor is not responsible for the performance, quality, timely
completion, means, methods, techniques, sequences or procedures of
construction, fabrication, procurement, shipment, delivery or
installation, or for safety precautions and programs in connection with
work performed by Third Party Contractors and/or Installers, since
these are solely the Third Party Contractors' and/or Installers'
responsibility under their respective contracts. (optional)

   Contractor will manage the Third Party Contractors and/or Installers as follows:

 Meet with and/or schedule any and all Third Party Contractors and/or
Installers for estimates, delivery, or other purposes

 Coordinate all Third Party Contractors' and/or Installers' schedules and
create a timeline based thereon

 Review all Third Party Contractors' and/or Installers' work to determine
whether the work is preceding in general conformity with the Design
Concepts and Specifications and timeline


 Provide constant observation of all Third Party Contractors' and/or
Installers' work at the Project site
   
3.   TIME OF COMPLETION AND APPROVALS:  The Services shall be completed according to the following schedule:

(a)   DESIGN CONCEPT:  The Services for the Design Concept phase shall begin on  ________________, 20__, and shall be submitted for Client's final written approval on or before ________________, 20__.

(b)   DESIGN SPECIFICATIONS:  The Services for the Design Specifications phase shall begin on  ________________, 20__, and shall be submitted for Client's final written approval on or before ________________, 20__.

(c)   PURCHASING:  The Services for the Purchasing phase shall begin on ________________, 20__, and shall be submitted for Client's final written approval on or before ________________, 20__.

(d)   THIRD PARTY CONTRACTORS AND INSTALLERS:  If the Project requires the engagement of Third Party Contractors and/or Installers, the Services for this phase shall begin on ________________, 20__, and shall be completed on or before ________________, 20__.

4.   SERVICES ESTIMATE AND ADDITIONAL SERVICES:  Based on the Parties' discussions, the estimate for Services to complete the Project is:  (Mark the applicable provision(s))

   ___________ (___) hours, not to exceed ___________ (___) hours.

   _____________________ Dollars ($__________) fixed fee.

   Should additional Services above and beyond those covered in this Agreement be required, the above estimate for Services will be amended with Client's consent only.  Additional Services include the following:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Specify.  Attach an appendix if you require more space)

5.   PAYMENT:  (Mark the applicable provision(s))

(a)   FEES:

   An initial payment of _____________________ Dollars ($__________) is payable upon execution of this Agreement and will be credited to Client's account.

   Client shall pay Contractor for the Services the rate of __________________ Dollars ($__________) per hour.

   Client shall pay Contractor for the Services the sum of __________________ Dollars ($__________).  Such fixed fee shall cover Contractor's costs exclusive of reimbursement for expenses.  

(b)   MANNER OF PAYMENT:  The payment(s) shall be paid in the following manner:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(Here you should describe when and how the payments will be made.  If Contractor bills by the hour, how often will invoices be sent, and when will payment be due?  If Contractor charges a fixed fee, will payments be due in installments, and when? Will payment be in the form of cash, check, or credit card?)

6.   REIMBURSABLE EXPENSES:  (Mark the applicable provision(s))

   Client shall reimburse Contractor for the following expenses and out-of-pocket costs related to the Project:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(E.g. approved long distance travel, toll phone calls, duplication services, postage and handling, permits, etc.  Attach an appendix if you require more space)

7.   PROJECT ACCOUNT RECORDS:  Contractor shall be responsible for keeping project account records, and such records shall be made available to Client or Client's authorized representative at a mutually convenient time.  (optional)
8.   OWNERSHIP OF PROJECT DOCUMENTS:  The schematics, plans and other documents prepared by Contractor for this project are Contractor's property for use solely with respect to the Project, and shall not be used by Client or others on other projects, except by agreement in writing.  Unless otherwise provided, Contractor shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright.  Client shall be permitted to retain copies for information and reference in connection with the Client's use and occupancy of the Project. (optional)

9.   RIGHT TO PHOTOGRAPH:  Client agrees to permit Contractor to photograph the Project upon completion.  Contractor will be entitled to use such photographs for portfolio and business purposes, but Contractor shall not disclose the Project location or Client's name without Client's prior written consent.(optional)
10.   ARBITRATION:  The Parties agree that any dispute or controversy arising out of this Agreement shall be settled by Arbitration to be held in __________County, state of ______________, in accordance with the rules then in effect of the American Arbitration Association.  The arbitrator may grant injunctions or other relief in such dispute or controversy.  The decision of the arbitrator shall be final, conclusive and binding on the Parties.  Judgment may be entered on the arbitrators decision in any court having jurisdiction.  The Parties shall each pay one-half of the costs and expenses of such arbitration, and each of the Parties shall separately pay counsel fees and expenses. (optional)
11.   ATTORNEYS' FEES AND COSTS:  In the event that it becomes necessary to enforce any of the terms of this Agreement, the defaulting party agrees to pay all reasonable attorneys' fees and costs incurred therein. (optional)
12.   LIMITATION ON LIABILITY:  Client holds Contractor harmless for any claim, loss, damage or injury to any person or property arising, either directly or indirectly, from Contractor's performance. (optional)

13.   TERM:  (Mark the applicable provision(s))

   The term of this Agreement shall begin on _________________, 20______, and shall continue until terminated by either Party. Termination requires the terminating Party to give prior written notice to the non-terminating Party. 

14.   CANCELLATION: (Mark the applicable provision(s))

   Both Client and Contractor reserve the right to cancel this Agreement upon not less than ___________ days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

   In the event of cancellation not the fault of Contractor, Client shall be liable for any and all balances owed in full, including but not limited to fees for services rendered, reimbursable expenses, pending purchase orders as of the cancellation date, etc.

15.   NOTICE:  Any notice required to be given to either Party under this Agreement shall be sent via registered U.S. Mail to the appropriate address below:
   
If to Client:
                                                                                    _______
If to Contractor:
                                                                                    _______

16.   GENERAL PROVISIONS:

(a)   All work shall be completed in a good and workmanlike manner, and, if applicable, in compliance with all building codes and other applicable laws.

(b)   To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform the work.

(c)   Contractor warrants that he/she/it is adequately insured for injury to his/her/its employees and others incurring loss or injury as a result of the acts of Contractor or his/her/its employees.

(d)   In the event Client shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.

(e)   Contractor shall not be liable for any delay or nonperformance due to circumstances beyond his/her/its control.  

(f)   Contractor is an independent contractor and not an employee of Client.

(g)   Any changes to this document must be signed by both Contractor and Client.

(h)   This Agreement shall be construed in accordance with the laws of the state of   _____________.

(i)   Neither the Client nor the Contractor may assign this Agreement without prior written consent from the non-assigning party.

(j)   The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.

(k)   This Agreement constitutes the entire agreement between the Client and the Contractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.  There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

(l)   If any part of this contract is deemed invalid, illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable as to both parties.


IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.

CLIENT:                  CONTRACTOR:
_______________________________      ______________________________
Signature                  Signature

_______________________________      ______________________________
Name (please print)               Name (please print)

_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
Number of Pages18
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33511

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