Schedule for Execution and Completion. The client and HOF agree that we both have responsibilities for adhering to the schedule, as laid out by the client and general contractor.
Communication and Interaction. The client and HOF agree that regular communication and interaction should occur in a mutually beneficial and respectful manner. Clients are encouraged to be aware of and participate in the progress of the project as often or whenever the need arises. HOF will schedule meetings with you on a (periodic) basis for the purpose of making decisions, adhering to the schedule or monitoring progress. HOF will respond to telephone calls, email and other digital means of communication within normal business hours M-F, 9am-6pm or the next business day.
Decision Making. With respect to all critical decisions, the client can expect to be presented with one selection. If for any reason, the client is unable to approve the selection, HOF will research and develop alternatives and be compensated by the client at our hourly rate. All decision makers must sign the Letter of Agreement.
Reviews and revisions. In order to maintain the agreed-upon time line for successful completion of the project, the client will be obligated to review all designs or recommendations made by HOF and must notify HOF, in writing within 10 days, regarding approvals by the client.
We will prepare a Project Fee Estimate whenever possible. This serves as an estimate only.
Invoices for remuneration must be paid via a credit card on file. Payment must be received prior to delivery of furnishings or services. Regrettably, non-payment may result in deliveries being withheld.
Expenses and administration. HOF will not charge the client for travel to a local job site. If additional travel is requested by the client for the project outside of the local area, travel expenses shall be reimbursed. These expenses will be discussed with the client and approved before the expenses are incurred.
Consultants. HOF prefers to act on behalf of the client in the manner of a ‘client’s advocate’ looking out for the client’s best interests. In some cases, the client will retain and pay directly for architectural services, contractor fees and any other outside consultant(s) (such as engineering). The architect, contractor, consultant and/or client is responsible for providing HOF with timely reports on progress toward successful completion. All consultants are responsible for code compliance in the various areas of their expertise. HOF does not accept any responsibility or liability for code compliance in any portion of the project undertaken by an outside consultant.
Third party suppliers/trades. Either the client or the designer may select third party suppliers/trades (such as painters, carpenters and other fabricators). In its capacity as client advocate, HOF chooses the supplier; HOF is responsible for scheduling that supplier. If the client chooses the supplier, HOF is not responsible for scheduling of that supplier.
Client responsibilities. The client is responsible for promptly providing HOF with necessary information, arranging any interviews needed, making access available to the project site, giving prompt attention to documents requiring review and approval, and facilitating communications between the designer and other consultants or contractors whom the client has retained. If the client is to provide specifications, floor plans, surveys, drawings or other related information, this shall be at the client’s expense and HOF shall be held harmless for relying on the accuracy of what was provided.
Protection of sources. The client acknowledges that designer sources are proprietary to HOF’s business and HOF is not obligated to disclose a source. The client acknowledges that sources are often trade secrets held as a competitive advantage. The client agrees not to disclose or contact any supplier of merchandise or services discovered through HOF without written permission.
Warranties and guarantees. As the client’s advocate, HOF will reasonably cooperate with the client in fulfilling any applicable warranties or guarantees on products or services specified by HOF, and will represent the client in initial discussions with suppliers or manufacturers in an attempt to resolve any dispute arising out of merchandise ordered by or contractors recommended and retained by HOF.
HOF is not responsible for fading, wear or latent defects, any damage during delivery, or loss incurred for any order placed on behalf of the client, and the quality of workmanship by contractors and subcontractors is not the responsibility of HOF. Nonetheless, HOF will exert its best efforts to resolve any issues that may arise between the client and any suppliers, contractors and manufacturers recommended and retained by HOF. The client acknowledges that HOF is acting only as an agent for the client and does not act as an agent for any supplier, vendor, contractor, or outside consultant. HOF makes no warranties regarding the quality of any of the work performed by others.
HOF makes no guarantee as to merchandise, service or construction, but, if HOF is not successful in resolving any dispute between the client and any suppliers, contractors, or manufacturers recommended and retained by HOF, HOF will assign to the client any rights HOF may have against such suppliers, contractors, or manufacturers and the client may pursue claims against such suppliers or manufacturers at his or her own expense.
Delays and cancellation. The client acknowledges that due to the nature of the project, HOF does not guarantee that goods will be received, that services will be provided, or that the project will be completed on any specific completion date. The client cannot cancel an order once it has been approved and placed, and the client cannot return or refuse to accept any merchandise that has been ordered once it has been received and/or delivered unless it has been damaged in shipment. The client is responsible for any storage charges if the client refuses to accept delivery or if the client delays delivery of merchandise.
Contingencies. As the client’s advocate, HOF will respond in a reasonable manner to any circumstance within HOF’s control that could interrupt the time line for completion, or quality of the execution of certain services that affect the time line for completion. If some delay, error or damage arises out of some unanticipated circumstance beyond HOF’s control, a thorough search will be undertaken to allocate responsibility to the appropriate party and seek equitable remedy.
Ownership of design. Designs, samples, drawings and specifications become the property of the client if the work for which they were prepared is executed. However, if the work for which they were prepared is not executed, all designs, samples, drawings and specifications remain the property of HOF and the client must return them promptly to the designer.
Publicity. HOF will photograph the project before the project starts, during the project’s progress, and when the project is completed to assist in the selection of merchandise and services. HOF will pay the cost of photography.
Upon completion of the project, HOF may ask the client to have their project/space professionally photographed so as to potentially share it with others. HOF will pay the cost of documentation. With the client’s consent, and that consent will not be unreasonably withheld, HOF may utilize photos for display purposes in its own marketing and sales materials such as a portfolio, brochure, video, website or social media. The same holds true for public display in any other media such as newspaper, magazine, blog, TV, Facebook and twitter etc. HOF will not specify the client’s name or project location in any media without the client’s approval.
Any photos taken by others of a room or space designed by HOF may not be published without recognition of HOF as the HOF of record. Prior to potential publication, HOF may ask the client to discuss the project with our public relations firm of record.
References. Upon request, HOF will provide the client with a list of current and former client references. The references will be determined according to similar project scope, details and size. At the end of the project, HOF may ask the client to be included on our reference list. The client has the right to agree or not agree to be included on the reference list, but that consent will not be unreasonably withheld.
Termination. Either party may terminate this agreement at any time with thirty days written notice. Upon termination, the client will remain obligated to pay all outstanding invoices, charges, costs, and/or remuneration and will remain responsible for and must accept all goods, services, and/or products that the client approved before termination, either orally or in writing. This paragraph survives termination of the agreement.
Severability and savings. If any court at any time holds any provision of this Agreement to be unenforceable, the provision shall not be stricken in its entirety and held totally void and unenforceable, but shall remain effective to the maximum extent permissible as determined by said court. In addition, such a provision will not affect any other provision of this Agreement, which shall otherwise remain in full force and effect.
