Architectural or interior design services agreement template

Architectural and Interior Design Services Agreement

Parties: Designer · Client

1. Purpose

This agreement sets out the terms on which the Designer provides architectural or interior design services to the Client for the project described below, and what each party must do.

2. Project and services

Project: [[Describe the project, its site and approximate size]]

The Designer provides these services:

[[Describe the services and deliverables]]

Services that are not described here, such as land surveys, physical models or visualisations, are not included unless the parties agree them in writing or in electronic form.

3. Stages

The services are carried out in these stages: [[Stages included, e.g. brief and concept design, developed design, technical drawings, tender documents, site visits]]

The Designer finishes each stage and presents the result to the Client. Within [[10]] business days the Client approves it in writing or in electronic form, or states what must be changed, and the Designer starts the next stage only after approval.

The schedule is: [[Schedule or target dates]] It depends on the Client giving the information and decisions in time.

4. Client’s brief and decisions

The Client gives the Designer a brief that describes its needs and its budget, and the information about the site and the building that the Designer needs, such as surveys, existing drawings and the documents on the ownership and use of the property. The Client confirms that this information is correct and that it is entitled to give it.

The Client makes its decisions within [[10]] business days of being asked; a delay by the Client extends the schedule by the same time. The Designer keeps the Client’s information and non-public business information confidential and uses it only for the project.

5. Fees and payment

The Client pays the fee shown in the price schedule of this contract. The fee is [[a lump sum / a percentage of the building cost / an hourly rate]] and is paid in these instalments: [[Instalments, e.g. 20% on signing and the rest on completion of each stage]]

Expenses such as printing, models, travel and fees of authorities are paid by the Client at cost [[with / without]] a mark-up of [[Percentage, or none]]; the Client approves in advance any expense above [[Amount]]. Fees exclude tax unless the price schedule says otherwise.

If a payment is more than [[14]] days late, the Designer may pause the work after notifying the Client, as far as the law that applies allows.

6. Changes and additional services

If the Client changes the brief or an approved stage, or asks for services that are not included, the Designer tells the Client what the change costs and how it affects the schedule, and carries it out only after the Client has approved it in writing or in electronic form. Additional work is charged at [[Hourly rate]] unless the parties agree a different fee for it.

7. Consultants and third parties

Specialists such as structural, building services, energy, fire safety or surveying consultants are engaged [[by the Client / by the Designer on the Client’s behalf]] and paid by the Client. The Designer coordinates their input with its own design, but is not responsible for the work of consultants it did not engage, or for the work and materials of contractors and suppliers.

Where the law that applies reserves certain calculations or certifications to registered specialists, the Client engages them.

8. Permits and authorities

The Designer prepares the drawings and documents needed for the permit applications for the project and helps the Client answer the authorities’ questions. The Client signs and submits the applications [[itself / through the Designer]] and pays the authorities’ fees.

The decision on a permit is made by the authorities, and the Designer does not promise that a permit will be granted or how long the procedure will take.

The Designer confirms that it holds the registration, licence or professional title that the law that applies requires for the services it provides: [[Registration or licence details, or none required]] If the law reserves a part of the services to a person with a particular qualification, that part is carried out or signed by such a person.

9. Cost estimates and budget

Any cost estimate that the Designer gives is a professional opinion based on the information available at the time and on market conditions, and not a guarantee of the price of the building work. The Client is responsible for its budget and for the contracts it makes with contractors. The Designer tells the Client without delay if it sees that the design is likely to exceed the budget stated in the brief, and proposes ways of reducing the cost.

10. Site visits and supervision

The services include [[Number]] visits to the site during the building work, to check in general that the work follows the design. Full supervision of the building work is [[included as described here / not included / agreed separately]].

The contractors are responsible for their methods, for safety on the site and for the quality of their work, unless the parties agree otherwise in writing or in electronic form. The Designer’s visits do not relieve the contractors of these duties.

11. Copyright and use of the designs

The rights in the designs, drawings and other documents that the Designer creates stay with the Designer. When the fees due have been paid, the Client receives a non-exclusive, perpetual right to use the designs to build the project once at the site described above, and to use, maintain, repair and alter the finished building.

Using the designs for another project, or for a repeat of this one, needs the Designer’s consent and may be charged. The Client may have another designer change or complete the design only [[with the Designer’s consent / after paying all fees due]]. Rights that the law gives the Designer and that cannot be waived remain.

The Designer may photograph the finished project and show it in its portfolio, naming the Client, unless the Client objects in writing or in electronic form.

12. Professional care, insurance and liability

The Designer provides the services with the care and skill expected of a competent professional in its field and holds professional indemnity insurance with cover of at least [[Amount]], and shows a certificate on request.

Except for intent, gross negligence, personal injury or where the law does not allow a limitation, the Designer’s total liability under this agreement is limited to [[the fees / Amount]], and neither party is liable for indirect loss such as lost profit.

13. Term and termination

This agreement starts on the effective date and ends when the services have been provided and paid for. Either party may terminate it by notice in writing or in electronic form if the other party seriously breaches it and does not remedy the breach within [[14]] days of being asked to. The Client may also end it at any time on [[14]] days’ notice.

On termination the Client pays for the services provided until then and for the reasonable costs of winding down, and receives the work done so far, which it may use under the clause on copyright and use of the designs once it has paid.

14. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Payment terms

Each instalment is payable within [[14]] days of receiving the invoice, by bank transfer to the account stated on the invoice. Expenses are invoiced with the instalment that follows them.

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]