This Interior Design Agreement is between AMcCurdy Designs, Interior Design Firm, and Client concerning interior design services.
Designer and Client agree as follows:
SCOPE: The designer shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. Designer’s services do not include contractor services, landscape design, or architecture. Designers shall consult other professionals such as contractors, lighting consultants, landscape architects, architects, etc. The client acknowledges that Project deadlines are subject to the vagaries of the marketplace and third parties' performance.
DESIGN FEES: The designer shall be compensated on an hourly basis agreed upon by the designer & client depending on the scope of work, size of the project area, and design style. All hours or partial hours the Designer is working on and/or for the Project will be considered design fees. Hourly charges will be invoiced to the Client in 10-hour increments and are payable by the Client upon receipt of the invoice. Upon signing this Agreement, Designer shall receive a non-refundable initial advance of 20% of the charging rate, which constitutes the minimum fee due Designer for Design Services. The advance will be credited against hourly fees otherwise payable by the Client to the Designer for Design Services after the project. All Design Fees are non-refundable.
PURCHASING: Purchasing is billed at a rate of $75 per hour. Full deposit is required for each item, and only upon receipt of deposit Designer will place an order. The designer shall arrange delivery and installation of Designer-purchased furnishings and other items purchased on behalf of the project's Client. If available, Clients will receive a 20% Designer discount, and the Designer will receive 50%. When practical, the Designer will present a Client's specification for the Client to purchase directly from the vendor. The client is wholly responsible for all items purchased by the Client.
REFUNDS & CANCELLATIONS: Once purchased, most items cannot be returned or canceled, therefore requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation; custom items cannot be canceled or returned. Requests for returns and cancellations will be billed hourly. Design Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.
NO PRICE GUARANTEE: Designer cannot guarantee merchandise, interior installation, or other services not performed by Designer. Vendor pricing is subject to change and out of the Designer's control.
REIMBURSABLE EXPENSES: The client agrees to reimburse Designer for all out-of-pocket expenses actually incurred by Designer concerning the Project, including but not limited to renderings, drafting services, postage, and handling, freight, delivery, and storage costs. Client shall reimburse Designer for all travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the Project.
PAYMENT: Proposals are due with payment within 3 days. Invoices for time billing and reimbursable expenses are due within 14 days. Invoices more than 30 days past due will accrue a 10% late fee per month, and all work will cease until the invoice is paid. The designer does not accept credit cards except in the interest of project material and furnishing procurement. Checks, Money Orders, and Electronic Transfers are the standard payment options for AMcCurdy Designs Design Firm, LLC. Designer shall be entitled to withhold delivery of any item purchased on behalf of Client should Client fail to make any payments due to Designer promptly.
DRAWINGS: Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include structural, heating, air conditioning, plumbing, electrical, ventilation, or other mechanical systems in the Project. Designers shall be held harmless for relying on the Client's accuracy of information. The Client cannot use project drawings and documents for any purpose other than completing the Project by the Designer as laid out in this agreement.
OWNERSHIP OF DESIGN: The designer shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by the Designer for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in design. Client shall not share or use design for additions to Project or any other project without explicit written permission of Designer.
CONTRACTORS & CONSULTANTS: The designer is not a general contractor and does not provide contractor services. If Project requires contractors and/or consultants to perform work based on the Designer’s concepts, the Client will enter into a contract directly with each contractor and/or consultant. Designer provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees. The designer shall cooperate with and observe Consultants for the design plan's general conformity but is not responsible for their oversight.
PERMITS: The client is responsible for permitting any approvals and compliance required by any governmental agency.
(If permits are needed, clients should consult with a general contractor or architect, who should help the homeowner with the proper permits.)
INSURANCE: The client is required to have insurance coverage for all furnishings and materials during handling, moving, storage, and installation. The client is responsible for ensuring that their insurance coverage is sufficient per this Agreement. Designers cannot be held responsible for inadequate insurance coverage.
PHOTOGRAPHS & PUBLICITY: The client agrees to allow the Designer and/or Designer's representatives to photograph Project during all Design Services stages, including when the project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. The designer will not disclose the address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the Designer. Additionally, if Client or Client's agents document, video, and/or photograph the Project, Designer shall be given credit as the designers if documentation is released publicly.
HAVE FUN: AMcCurdy Designs Interior Design Firm strives for the most comfortable, enjoyable, and transparent design experience possible. We require open communication and honest feedback.
FAQS & POLICIES: I have read, understand, and agree to the policies outlined in the document FAQs & POLICIES.
TERMINATION: The designer or Client can terminate this agreement by notifying the other party in writing. Clients will be responsible for any outstanding reimbursable charges and hourly fees. All in-process proposals and orders will be completed by the Designer and delivered to the Client at an hourly rate. If a balance remains in the Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. The client agrees to take no action intended, or would reasonably be expected, to harm the Designer’s reputation or reasonably be expected to lead to unwanted or unfavorable publicity to the Designer.
LIMITATION OF LIABILITY: Neither the Designer, Designer’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount above the proceeds of the available professional liability insurance coverage.
DISPUTES: All disputes arising from this Agreement shall be resolved by binding private arbitration in Seattle, Washington, with each party to bear its own fees and costs. This agreement is governed by Washington State law.
TERMS: The parties agree that this Agreement's terms may be changed only by writing signed by both parties and that no oral changes or waivers are permitted.
This section is based on actual questions I have received from clients.
Can I shop on my own?
You have hired me to design and complete a vision for your space, and I ask that you do not select or purchase items because that selection may not be a fit for the design, space, or budget. You will receive a detailed Specification for items to be purchased directly.
What additional costs can I expect?
I do my best to give you a full cost outlook of each item, but additional costs such as storage, shipping, installation, or unexpected labor do occasionally happen. For a very detailed explanation of possible hidden costs, read The Hidden Costs of Interior Design.
Do you work with contractors?
I work with the contractors hired by the client. I love working with other design professionals to create your custom space. I prefer to use professionals that I have worked with on previous projects and provide recommendations. AMD does not provide contractor services, so independent architects and contractors hired by the client are an integral part of the process.
How long do projects normally last?
This depends on the scope of the project and what is purchased. Occasionally there are delays caused by weather, vendor vacations, factory errors, and other unpredictable influences that are out of my control. The client, as well as all professionals hired to work on the project, are expected not to cause unreasonable delays in the project.
How do I place an order?
Once you receive a Proposal, you have 3 days to either accept or decline the item. For acceptance, a signed copy of the proposal or approval on the provided Mydoma Studio Project Site, along with full payment, is required to place an order. The Designer will order no item until the Designer receives a signed proposal and full payment.
Can I change my mind after an order is placed?
Most often, orders cannot be canceled or refunded. If a full refund can be attained, you may cancel the order and receive a refund for the cost of the item minus the purchasing fee and any other applicable fees. You will be charged hourly for the time spent on canceled orders. Custom orders are non- refundable.
When are payments due?
Proposals are due with payment within 3 days. Invoices for time billing and reimbursable expenses are due within 14 days. Invoices more than 30 days past due will accrue a 10% late fee per month, and all work will cease until the invoice is paid.
What if I decide mid-project that I want to add more to the scope?
Since I work hourly, increasing the scope is not a problem.
What if I have concerns about an item?
Please bring these to my attention immediately, and we will discuss your concerns and, if necessary, find a more desirable solution. The decision about what is purchased and installed in your home is ultimately yours.
What about my budget?
We can work within your budget, whether you are looking for a completely custom masterpiece or more along the Pottery Barn lines or a mix of the two. Having a budget is very important for the project to run smoothly and meet expectations.
What is the difference between a specification and a proposal?
A Specification is a document that I provide to you to purchase an item yourself. You will pay the vendor directly. A Proposal is a document where I am requesting payment for items to purchase the item on your behalf. Proposals are payable to Ashleigh McCurdy or AMcCurdy Designs Interior Design Firm.
How are items delivered?
Our policy is to perform one large installation of all your items. This includes all furniture and accessories purchased. AMcCurdy Designs Interior Design Firm purchased Items go into a licensed, bonded, insured, and storage facility awaiting installation. Our policy is not to deliver items to client’s homes directly or on multiple trips. Clients are responsible for all shipping, storage, & delivery fees.