(General Terms & Service Framework for Trade Partners)
Collectively referred to herein as the “Parties.”
Scope of Work
The Designer agrees to provide landscape design and visualization services to the Company on a per-project basis as specified in individual project briefs or work orders.
- Project Deliverables: 2D site plans, 3D renderings, video walkthroughs, spatial layouts, and planting schemes as mutually agreed upon for each project.
- Project Inputs Required: The Company shall provide necessary site measurements, plot plans/surveys, existing site photos, client target budgets, and design preferences required to complete the project.
- Completion Timelines: Specific project deadlines and delivery schedules will be defined per individual project assignment upon receipt of complete site data.
Any work requested beyond the mutually agreed project brief shall require a separate written authorization or change order and may result in additional design fees.
Fees & Payment
- Design Fees: The Company agrees to pay the Designer a flat per-project fee or package rate as agreed upon in writing prior to the commencement of each project.
- Specialty Services & Permits: Any permit application drafting, structural engineering overlays, or specialized regulatory submittals requested by the Company will be billed separately.
- Payment Terms: Design fees are due in accordance with the billing terms outlined in the specific project work order upon execution.
Revisions
Each project includes a predefined number of standard revision rounds to fine-tune design details. Additional revisions requested by the Company beyond the included package allowance, or substantial changes to the project scope after initial sign-off, will be billed at the Designer’s standard revision rate.
Ownership of Design
- License to Use: Upon full payment of all fees, the Company shall have an exclusive, perpetual right to use the final design documents and 3D visual concepts for client presentations, bidding, marketing, and construction of the specified project.
- Portfolio Rights: The Designer retains the right to display completed renderings, 2D plans, and project concepts in professional portfolios, website showcases, and promotional materials, unless a formal Non-Disclosure Agreement (NDA) is executed between the Parties.
Termination
Either Party may terminate a project assignment or this general framework by providing seven (7) days written notice to the other Party. In the event of termination, the Designer shall be paid for all work completed up to the effective termination date, including any approved project expenses or permit fees incurred.
Independent Contractor Relationship
The Designer is engaged strictly as an independent contractor and is not an employee, partner, or joint venturer of the Company. The Designer retains sole responsibility for all taxes, self-employment contributions, and business liabilities related to compensation received under this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.
Limitation of Liability & Disclaimers
- Conceptual Design: Designs and visual deliverables are provided for visualization, spatial planning, and aesthetic direction. Unless explicitly stamped by a licensed professional partner, designs do not constitute certified structural or civil engineering plans.
- Construction & Site Execution: The Designer shall not be held liable for any damages, site delays, cost overruns, defective construction work, or issues arising from contractors, subcontractors, structural installers, or material suppliers.
- Cap on Liability: The Designer’s total cumulative financial liability under this Agreement, if any, shall be strictly limited to the total amount of design fees actually paid by the Company to the Designer for the specific project in question. In no event shall the Designer be liable for consequential, incidental, or punitive damages.
Dispute Resolution
The Parties agree to resolve any disputes arising out of or relating to this Agreement through the following progressive steps:
- Good-Faith Negotiation: Direct discussion between Parties within fourteen (14) days of written notification.
- Mediation: If unresolved, the Parties agree to submit the matter to non-binding mediation before a mutually agreed neutral mediator.
- Arbitration / Legal Process: If mediation fails, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) or a similar recognized body.
Each Party shall bear its own legal costs, and mediation/arbitration administrative fees shall be split equally between the Parties.
Entire Agreement & Modifications
This Agreement represents the full and complete framework of understanding between the Parties. Any modifications or amendments must be made in writing and mutually signed by authorized representatives of both Parties.
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