Anita Yokota Interior Styling
DESIGN AGREEMENT
THIS AGREEMENT is made as of the date below by and between Anita Yokota (“Anita Yokota”) and the undersigned owner(s) (“Owner”).
ARTICLE 1: SCOPE OF SERVICES
1.1. Consultation. Anita Yokota will act as designer and consultant and work with Owner to develop a design concept for the specified interior and/or exterior areas of the Owner’s property at PROJECT ADDRESS IDENTIFIED ON DESIGN PROSPOSAL (the “Premises”) including architectural finish selections (the “Finishes”) and furnishings, lighting, accessories, and comparable interior accents (the “Furnishings”). Upon receipt of retainer Anita Yokota will begin design consultation and documents.
1.2. Design Plan and Budget. Anita Yokota shall prepare and deliver to Owner: (i) a written design concept (the “Design Plan”) for the interior and/or exterior of the Premises reasonably specifying the Finishes and/or Furnishings; (ii) a selection sheet (the “Selections”) reasonably specifying the Finishes necessary for construction; and/or (iii) a budget estimate (the “Budget”) based on the cost of all of the selected Furnishings in connection with the Design Plan. Your design package includes one initial inspiration/programming meeting, 2 Options for each room at Design Presentation 1, 1 revision after Design Presentation 1, which will be finalized and presented at Design Presentation 2.
1.3. Owner Approval. Anita Yokota shall present the Design Plan, Selections and/or Budget to Owner for review and approval. Owner shall notify Anita Yokota in writing within fifteen (15) days after delivery to Owner of the Design Plan and Budget either (i) agreeing to the Design Plan, Selections and/or Budget, and authorizing Anita Yokota to proceed to (a) purchase the Furnishings and/or (b) submit Selections to builder/contractor; (ii) requesting revisions to the Design Plan and Budget to meet Owner’s specifications; or (iii) rejecting the Design Plan, Selections and/or Budget and terminating this Agreement (forfeiting your retainer per 2.2 and offering immediate payment of fees per 2.1). If Owner fails to notify Anita Yokota of how Owner elects to proceed, Owner shall be deemed to have rejected the Design Plan, Selections and/or Budget and to have terminated this Agreement. Owner agrees that submission of the retainer constitutes acceptance of the Design Plan, Selections and/or Budget, and Owner is bound by the design concept in the Design Plan and obligated to pay Anita Yokota in accordance with the terms of this Agreement. Owner may not reject the Furnishings or rescind acceptance of the Design Plan or Selections at any time after acceptance of the Design Plan and Budget.
1.4. Furnishings. Upon receipt of Owner’s written approval of the Design Plan and Budget, Anita Yokota shall purchase the Furnishings and implement the Design Plan in accordance with the Budget and payment schedule. Or Owner may purchase directly on their own and notify Anita Yokota they will be doing so.
1.5. Finishes. Upon receipt of Owner’s written approval of the Design Plan and Selections, Anita Yokota shall provide all necessary information regarding the Finishes to owners specified architect, builder or contractor.
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1.6. Installation. Anita Yokota to supervise the (a) implementation of the Design Plan regarding Furnishings; (b) installation of the Furnishings (the “Installation”).
1.7. Payment Terms. Invoicing of the Design Package will occur in 2 parts: (1) retainer fee of 10 hours x $50.00 equaling $500.00 to be received prior to design work commencing and (2) balance payment due every 10 hours of work Anita Yokota accrues for project. Invoicing of the hours accrued by Anita Yokota will occur on the 10th of each month and will be due and payable by Owner no later than fifteen (15) days after Owner’s receipt of such invoice. Accounts unpaid 30 days after invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance. The client shall pay costs of collection, including reasonable attorney’s fees in the event any portion or all of an account remains unpaid 90 days after billing. The project site owner agrees that Anita Yokota shall have the right to file a mechanics lien on the property described herein should any payment due Anita Yokota remain unpaid. Any Furnishings to be purchased by Anita Yokota will require Owner’s written acceptance of the Design Budget and the balance shall be paid upon written request and prior to furniture installation.
ARTICLE 2.: OWNER’S COVENANTS
2.1. Risk of Loss. Owner covenants and agrees that it shall bear all risk of loss and damage to the Furnishings after Installation. Owner shall at all times bear risk of loss or damage in respect of all Third Party Materials.
2.2. Inspections. Owner covenants and agrees that Owner and its representatives or agents shall be responsible for the receipt, inspection and acceptance of the Furnishings at the time of their delivery to the Premises and Owner shall be estopped from later claiming any damage or imperfections to the Furnishings after Installation.
ARTICLE 3.: MISCELLANEOUS
3.1. APPLICABLE LAW; VENUE. THE CONSTRUCTION, ENFORCEMENT, INTERPRETATION AND VALIDITY OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CHOICE OF LAW PROVISIONS. THE OBLIGATIONS OF THE PARTIES ARE PERFORMABLE IN LOS ANGELES COUNTY, CA AND THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISIDICTION AND VENUE OF ALL STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CA WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF THIS AGREEMENT.
3.2. Counterpart Execution. This Agreement may be executed in one or more counterparts, each of which shall be fully executed as an original and all of which together shall constitute one and the same instrument.
3.3. Litigation. In the event of litigation between the parties with respect to this Agreement, the performance of the obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys’ fees and costs.
3.4. Benefit. This Agreement is for the benefit only of the parties hereto or their respective heirs, personal representatives, successors and assigns, and no other person or entity shall be entitled to rely hereon, receive any benefit herefrom or enforce against any party hereto any provision hereof.
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3.5. Assignment. Neither Anita Yokota nor Owner shall assign or otherwise transfer this Agreement or its rights hereunder without the prior written consent of the other party.
3.6. Termination. This Agreement may be terminated in the following circumstances: by the non- breaching party if the other party is in material breach of any of its obligations hereunder and fails to remedy such breach within fifteen (15) days of receipt of a written notice by the other party which specifies the material breach; by a party if the other party has a receiver appointed, or an assignee for the benefit of creditors, or in the event of any insolvency or inability to pay debts as they become due by the other party, except as may be prohibited by applicable bankruptcy laws; or, automatically pursuant to Section 1.3.
[SIGNITURE ON DESIGN PROPOSAL INDICATES ACCEPTANCE OF TERMS AND SHALL SERVE AS A BINDING AGREEMENT]
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________________________ Owner Signature
________________________ Owner Signature
_______________________ Anita Yokota