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Interior Design Contracts & Agreements: What To Include + Sample Template

Contract

When starting your interior design business, it is important to have a clear understanding of the contracts, also called agreements, you will use with clients. This article will provide an overview of what should be included in interior design contracts and a template and sample for you to use.

 

What is an Interior Design Contract?

An interior design contract is a legally binding agreement between an interior designer and their client. The contract outlines the scope of work to be completed, as well as the terms and conditions of the project. This document is important in protecting both parties involved and ensuring that everyone is on the same page regarding the project.

 

What to Include in an Interior Design Contract

When creating an interior design contract, there are several key elements that should be included:

  1. The names and contact information of both the designer and the client.
  2. A detailed description of the project, including the scope of work to be completed.
  3. The schedule for the project, including deadlines for each phase of work.
  4. The total cost of the project, as well as any payments that have been made or are to be made.
  5. The terms and conditions of the project, including any cancellation policy.
  6. The signatures of both the designer and the client, indicating that they have read and agreed to the contract.

 

Interior Design Contract Template & Samples

Below is a template and sample for an interior design contract. This can be used as-is or modified to better suit the needs of your business.

 

INTERIOR DESIGN CONTRACT TEMPLATE

This agreement is made on (date) between (name of designer) and (name of client), collectively known as the “Parties.”

1. Project Description

The Parties agree to work together on the following project: (description of the project, including the scope of work to be completed).

 

2. Project Schedule

The project will begin on (start date) and is expected to be completed by (end date). Any changes to the schedule will be agreed upon in writing by both parties.

 

3. Project Cost

The total cost of the project is (total cost), which includes (itemization of costs).

 

The client will make a down payment of (amount) upon signing this contract, with the remaining balance to be paid in installments of (amount) on (dates).

 

4. Terms & Conditions

(Designer’s name) reserves the right to terminate this agreement at any time if the client fails to make payments as outlined in this contract. In the event of termination, the client will be responsible for any work that has been completed up to that point, as well as any other costs incurred by the designer.

 

The client agrees to allow (designer’s name) to take photos of the completed project for use in their portfolio and marketing materials.

 

The designer will not be held responsible for any delays caused by the client.

 

Any changes to the scope of work must be approved in writing by both Parties.

 

This contract is binding on both parties and their respective successors and assigns.

 

5. Signatures

By signing below, the Parties agree to all the terms and conditions outlined in this contract.

 

(Designer’s signature) _____________________________

 

(Date) _____________________________

 

(Client’s signature) _____________________________

 

(Date) _____________________________

 

INTERIOR DESIGN CONTRACT SAMPLES

Sample #1 Avant-Garde Interiors

This agreement is made on (date) between Avant-Garde Interiors and Amy Smith, collectively known as the “Parties.”

1. Project Description

The Parties agree to work together on the following project: A living room and kitchen remodel

 

2. Project Schedule

The project will begin on April 16, 20XX and is expected to be completed by May 16, 20XX. Any changes to the schedule will be agreed upon in writing by both parties.

 

3. Project Cost

The total cost of the project is $10,000, which includes

  • Designer fee: $2000
  • Materials and supplies: $2000
  • Labor costs: $4000

 

The client will make a down payment of $2,500 upon signing this contract, with the remaining balance to be paid in installments of $500 on April 25, May 2, and May 9.

 

4. Terms & Conditions

Avant-Garde Interiors reserves the right to terminate this agreement at any time if the client fails to make payments as outlined in this contract. In the event of termination, the client will be responsible for any work that has been completed up to that point, as well as any other costs incurred by the designer.

 

The client agrees to allow Avant-Garde Interiors to take photos of the completed project for use in their portfolio and marketing materials.

 

The designer will not be held responsible for any delays caused by the client.

 

Any changes to the scope of work must be approved in writing by both Parties.

 

This contract is binding on both parties and their respective successors and assigns.

 

5. Signatures

By signing below, the Parties agree to all the terms and conditions outlined in this contract.

 

Avant-Garde Interiors _____________________________

 

(Date) _____________________________

 

Amy Smith _____________________________

 

(Date) _____________________________

 

Sample #2 Commercial Interior Design Agreement Terms & Conditions

1. Introduction

This Agreement sets forth the terms and conditions that will apply to the commercial interior design services (the “Services”) to be provided by Design by Sunflower, LLC d/b/a Sunflower Creative (“Designer”) to the Client identified in the Statement of Work attached hereto as Exhibit A (the “Statement of Work” and, together with this Agreement, the “Agreement”). This Agreement is effective as of the date of last signature below (the “Effective Date”).

 

2. Definitions. Capitalized terms used herein shall have the following meanings:

(a) “Affiliate” means any entity that controls, is controlled by, or is under common control with a party hereto. For purposes of this definition, “control” (including, with correlative meanings, the terms “controlling,” “controlled by” and “under common control with”) means the power to direct or cause the direction of the management and policies of an entity, whether by contract or otherwise;

 

(b) “Documentation” means all written, printed, graphic, machine readable or other tangible materials furnished or to be furnished by Designer pursuant to this Agreement, including without limitation

(i) preliminary studies, analyses, reports, plans and drawings;

(ii) source code and object code for any software programs delivered as part of the Services (the “Software”);

(iii) user manuals and documentation related to any Software delivered as part of the Services;

(iv) final studies, reports, plans and drawings; and

(v) other work product, whether prepared by Designer or its Affiliates, Subcontractors or agents.

 

(c) “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights recognized in any country or jurisdiction worldwide.

 

(d) “Subcontractor” means any person or entity retained by Designer to provide a portion of the Services.

 

3. Services. Designer will perform the Services described in the Statement of Work in accordance with the terms and conditions set forth herein (the “Work Product”). Designer will use commercially reasonable efforts to complete the Services in a timely and professional manner. Notwithstanding the foregoing, Designer’s performance of the Services is subject to change by Client in its sole discretion.

4. Independent Contractor Status. Nothing contained herein shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose whatsoever.

5. Designer’s Personnel. Designer will determine, in its sole discretion, the personnel it will assign to perform the Services under this Agreement (“Designer Personnel”). Designer will ensure that all Designer Personnel assigned to perform the Services:

(a) are bound by written agreements with Designer that protect Client’s Confidential Information from unauthorized use or disclosure in a manner at least as protective as the confidentiality provisions set forth herein; and

(b) will not, during the course of providing services pursuant to this Agreement, violate any applicable laws or regulations.

 

6. Client Personnel. Client will provide Designer with the names and positions of the Client personnel who will be responsible for overseeing the Services (“Client Representatives”). Client Representatives will cooperate with Designer and provide Designer with such information and assistance as Designer may reasonably request in order for Designer to perform the Services. Client will be responsible for its own acts and omissions, as well as the acts and omissions of its Affiliates, employees, agents and Subcontractors.

 

7. Statement of Work. The services to be performed by Designer under this Agreement shall be as set forth in one or more Statements of Work mutually executed by the parties from time to time (each, a “Statement of Work”). Each Statement of Work shall reference this Agreement and shall be deemed incorporated herein. In the event of any inconsistency between the terms of this Agreement and a Statement of Work, the terms of this Agreement will control, unless such Statement of Work expressly states that it modifies or supersedes the inconsistent term(s) of this Agreement.

 

8. Compensation. In consideration for the Services to be provided hereunder, Client will pay Designer the fees specified in each Statement of Work (“Fees”). Unless otherwise specified in a Statement of Work, all Fees will be paid in United States Dollars and are based on Designer’s costs at the time of billing. All invoices for Fees will be due and payable within thirty (30) days after receipt by Client. If any amounts owing hereunder are not paid when due, such unpaid amounts will bear interest at the rate of 1.5% per month, or the highest rate allowed by law, whichever is lower.

 

9. Expenses. Unless otherwise specified in a Statement of Work, Designer will be reimbursed by Client for all reasonable out-of-pocket expenses incurred by Designer in performing its obligations under this Agreement, provided that Designer submits to Client itemized documentation of such expenses within thirty (30) days of incurring such expenses.

 

10. Intellectual Property Rights.

(a) Work Product. As between the parties, all right, title and interest in and to the Work Product will be owned by Client. Designer hereby assigns, and will cause its Affiliates and Designer Personnel to assign, all of its right, title and interest in and to the Work Product to Client, including without limitation all patent rights, copyright rights, trade secret rights, trademark rights and other proprietary rights throughout the world (“Intellectual Property Rights”). To the extent any of the Work Product is not assignable for any reason, Designer hereby irrevocably transfers and assigns to Client, and agrees to irrevocably transfer and assign to Client, as applicable, all of its right, title and interest in and to the Work Product, including all related Intellectual Property Rights, and Designer hereby appoints Client as its irrevocable agent and attorney-in-fact to execute and file any document and/or to do any act deemed necessary or desirable to protect, perfect or enforce such rights on behalf of Designer.

 

(b) Existing IP. Designer will not include in the Work Product any software, methodology, process, invention or other technology that is owned by a third party (“Third Party IP”). To the extent that Third Party IP is included in the Work Product in spite of the foregoing prohibition: (i) Designer will use best efforts to obtain for Client a perpetual, fully-paid up, royalty free license to such Third Party IP that is sufficient for Client’s intended use of the Work Product; and (ii) if Designer is unable to obtain such a license, then such Third Party IP will be promptly removed from the Work Product at Client’s request.

 

(c) Feedback. Client may from time to time provide feedback or suggestions to Designer with respect to the Services or the Work Product (“Feedback”). Notwithstanding anything to the contrary herein, all Feedback will be owned by Designer, and Designer may use such Feedback in any manner it deems appropriate.

 

11. Confidentiality.

(a) Definition of Confidential Information. “Confidential Information” means any information disclosed by either party to the other party that is marked as confidential or should reasonably be considered confidential given the nature of the information and the circumstances surrounding its disclosure, including without limitation trade secrets, business plans and strategies, product designs, marketing plans, financial statements and projections and customer lists. Confidential Information will not include any information that:

(i) is or becomes publicly available through no fault of or action taken by the receiving party;

(ii) was known to the receiving party prior to its disclosure by the disclosing party;

(iii) is independently developed by the receiving party without use of or reference to any Confidential Information of the disclosing party; or

(iv) is received from a third party without violation of such third party’s obligations of confidentiality.

 

(b) Confidentiality Obligations. The parties agree to hold each other’s Confidential Information in confidence and, except as expressly permitted herein, not to use or disclose such Confidential Information without the prior written consent of the disclosing party. Each party will take reasonable measures to protect the confidentiality of the Confidential Information of the other party, which will in no event be less than the measures each party uses to protect its own similar confidential information. Notwithstanding the foregoing, nothing herein shall prevent either party from disclosing Confidential Information as required by law or court order, provided that if a party is legally compelled to disclose any Confidential Information of the other party: (i) it gives the other party prompt written notice of such compelled disclosure (to the extent legally permitted) so that the other party may seek a protective order or other appropriate remedy; and (ii) it discloses only those portions of the Confidential Information that are legally required to be disclosed and uses reasonable efforts to obtain reliable assurances that confidential treatment will be accorded such Confidential Information.

 

12. Warranties & Disclaimers.

(a) Designer Warranties. Designer warrants and represents that: (i) it has all requisite power and authority to execute and perform its obligations under this Agreement; (ii) the execution, delivery and performance of its obligations under this Agreement does not violate any agreement or obligation to which it is a party or by which it is bound; and (iii) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms.

 

(b) Client Warranties. Client warrants and represents that: (i) it has all requisite power and authority to execute and perform its obligations under this Agreement; (ii) the execution, delivery and performance of its obligations under this Agreement does not violate any agreement or obligation to which it is a party or by which it is bound; (iii) it will comply with all applicable laws in connection with its performance of its obligations under this Agreement; and (iv) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms.

 

(c) No Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

13. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CLIENT TO DESIGNER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT OR SERIES OF RELATED EVENTS GIVING RISE TO SUCH LIABILITY.

 

14. Indemnification.

(a) By Designer. Designer will indemnify, defend and hold harmless Client, its affiliates and their respective directors, officers, employees and agents from any and all third party claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any breach by Designer of its warranties set forth in Section 12(a).

 

(b) By Client. Client will indemnify, defend and hold harmless Designer, its affiliates and their respective directors, officers, employees and agents from any and all third party claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any breach by Client of its warranties set forth in Section 12(b).

 

15. Termination.

(a) For Cause. Either party may terminate this Agreement for cause upon: (i) thirty (30) days’ prior written notice to the other party if such other party is in material breach of this Agreement and fails to cure such material breach within such thirty (30)-day period; or (ii) immediately upon written notice if the other party ceases operation without a successor or becomes subject to insolvency proceedings and such proceedings are not dismissed within ninety (90) days.

 

(b) For Convenience. Either party may terminate this Agreement for any reason or no reason upon thirty (30) days’ prior written notice to the other party.

 

(c) Effect of Termination. Upon any expiration or termination of this Agreement: (i) all rights and licenses granted hereunder by one party to the other shall immediately cease; and (ii) Designer will promptly invoice Client for all work completed through the effective date of termination, including, without limitation, all expenses incurred and payable in accordance with Section 5(a). All unpaid invoices are due and payable immediately upon receipt by Client. Notwithstanding anything to the contrary herein, the following provisions will survive any expiration or termination of this Agreement: Sections 3, 5(b), 6, 7, 8, 9, 10, 11, 13, 14 and 16.

 

16. Miscellaneous.

(a) Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior proposals (oral or written), agreements, representations and understandings between them. This Agreement may not be amended except in writing signed by each party hereto or an authorized officer or legal representative of such party.

 

(b) Waiver . No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

 

(c) Severability . If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

 

(d) Assignment. This Agreement will bind and benefit the parties’ successors and permitted assigns. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that either party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of such party’s assets. Any assignment in violation of this Section 16(d) shall be void.

 

(e) Successors and Assigns. This Agreement will be binding upon and will enure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

(f) Governing Law . THIS AGREEMENT AND THE RIGHTS OF THE PARTIES HERETO WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF _____________________ WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES.

 

(g) Amendment . This Agreement may be amended only by a written agreement executed by both parties.

 

(h) Counterparts . This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together will constitute one and the same agreement. A facsimile or electronic copy of an executed signature page to this Agreement shall suffice as an original signature page hereto.

 

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and delivered as of the date first above written.

 

CLIENT: ______________________________

 

Signature: ___________________________

 

Typed or Printed Name:_________________

Conclusion

Interior design contracts and agreements are important documents that should be used in all projects. These documents help to protect both parties involved, as well as ensure that everyone is on the same page regarding the project. When creating these documents, be sure to include all relevant information and get signatures from both parties involved.