This Design Agreement is made between a designer and a client whereby the client
engages the services of the designer for a certain project. The agreement provides for
the designer to submit a preliminary and final design plan and a date of completion.
The material terms of the agreement are included in this contract including the scope of
the designer's services, payment details, and warranty and indemnification provisions.
It may also be customized to address the specific needs of the parties. This document
should be used by a designer and client when entering into an agreement for the
THIS DESIGN AGREEMENT(the “Agreement”) made this ____ day of ______, 2____
[Instruction: Insert Date] (the “Commencement Date”), by and between
_______________________ [Instruction: Insert Name or Business Name of Designer],
_______________________________________________ [Instruction: Insert Designer
Address] (the “Designer”) and ____________________ [Instruction: Insert Name or Business
Name of Client], _______________________________________________ [Instruction:
Insert Client Address] (the “Client”) for design services at
________________________________________ [Instruction: Insert Location Address] (the
WHEREAS, the Client desires to engage the services of the Designer to design the
WHEREAS, the Designer is desire to provide the Designer’s services to the Client and to
perform the work hereinafter set forth;
NOWTHEREFORE the Designer and the Client hereby acknowledge and agrees as
A. The Client shall obtain and engage the services of the Designer and the Designer shall
provide Designer’s services to the Client for the purposes of designing _____________________
[Instruction: Insert description of the Project] at the Location (the “Project”).
B. The Designer shall perform the work for the Project at the Location specified in this
Agreement or at such other location as the Client in writing may direct.
C. The design services to be provided by the Designer to the Client, shall include and be
limited to ________________________________________________ [Instruction: Insert
description/list of design services to be provided] (the “Services”).
D. The Designer shall provide to the Client within ____________ (___) days [Instruction:
Insert numbers of day for preliminary plan] of the Commencement Date, a preliminary
design plan (the “PDP”) for approval by the Client. The Client shall review the PDP submitted
by the Designer and shall within thirty (30) days of receipt of the PDP, return same to the
Designer indicating any changes or revisions (the “Revised PDP”). Upon receipt by the
Designer of the Amended PDP (“the Revised PDP Receipt Date”), the Designer shall deliver the
final design plan to the Client for approval within ___________ (___) days [Instruction: Insert
number of days for final plan] following the Revised PDP Receipt Date.
2. TERM AND TERMINATION
A. The Term hereof shall consist of two phases:
i. “Phase 1” "shall commence as of the Commencement Date and shall continue until
the Revised PDP Receipt Date.
ii. “Phase 2” shall commence upon the Revised PDP Receipt Date and shall continue
until the completion of the Project, which shall be completed by the ____ day of _________,
2_____ [Instruction: Insert Completion Date] (the “Term”), or at such other date as may be
agreed by the Designer and the Client in writing.
B. Client may terminate this Agreement without penalty at any point prior to the
commencement of Phase 2, provided that Designer has received the Phase 1 Fee and the
Materials Advance, as each are defined in paragraph 3 hereof.
C. This Agreement may be terminated by the Designer or the Client at any time in the event
that either the Designer or the Client breaches any material provision of this Agreement.
Notwithstanding the foregoing, no failure by either party to perform any of its material
obligations hereunder shall be deemed a breach hereof, unless the non-breaching party has given
written notice of such failure to the breaching party, and the breaching party fails to cure such
non-performance within thirty days after receipt of such notice (fifteen (15) days with respect to
A. The Client shall pay the Designer as follows:
i. ___________ Dollars ($_____) [Instruction: Insert Phase 1 Fee] will be paid to the
Designer upon execution of this Agreement (the “Phase 1 Fee”);
ii. ___________ Dollars ($_____) [Instruction: Insert Phase 2 Fee] will be paid to the
Designer upon the commencement of Phase 2 (the “Phase 2 Fee”); and
iii. ____________ Dollars ($_____) [Instruction: Completion Fee] will be paid to the
Designer upon completion of the Project (the “Completion Fee”).
B. The Client shall be solely responsible for all costs associated with any materials
purchased by the Designer for completion of the Project including but not limited to, paint,
painting supplies, wall coverings, window coverings, furniture and accessories. The Client shall
pay to the Designer a sum of _______________ Dollars ($_______) [Instruction: Insert
Amount to be advanced for materials] (the “Materials Advance”) for any materials required by
the Designer f