Interior Design Project Retainer Agreement
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INTERIOR DESIGN CONTRACT RETAINER AGREEMENT
This Contract for Services is made effective as of September 3, 2023, by and between Amanda Ray ("Amanda Ray") of 4901 Waterstone Drive, Roseville, California 95747, and Model Home Accents ("MHA") of 20 Main Ave Suite 1, Sacramento, California 95838.
MHA is engaged in the business of providing services relating to designing of interiors WHEREAS and whereas Amanda Ray is interested in availing such service of the Designer.
In furtherance to the above, Amanda Ray hereby agrees to and does hereby engage the services of MHA, and MHA hereby accepts the engagement to design and to do the work hereinafter specified by Amanda Ray in connection with the project.
Beginning on September 3, 2023, MHA will provide to Amanda Ray the DESCRIPTION OF SERVICES; following services (collectively, the "Services"):
Your Interior Design Styling Project includes the spaces(s) viewed during your initial In-Home Design Consultation and any other additional living space(s) MHA choose to complimentary view at its discretion.
Recommendations include (but are not limited to):
Furnishings
Furniture Placement
Rug Selection
Rug Size
Paint Colors
Decor & Accessories
Window Treatments
Storage Solutions
Personal Design Style
Color Scheme
Also included with your Interior Design Styling project is a Design Project Mood Board.
Mood Boards include furniture, wall decor, rugs, lighting, and/or window treats.
**Please note that the Mood Board will not be a digital rendering to scale, but instead a general layout of the recommended item.
All services will be completed by MHA for the residence at 4901 Waterstone Drive,Roseville, California 95747.
Payment shall be made to Model Home Accents, 3511 Del Paso Rd #160-228, Sacramento, California 95835, in the amount of $5,000.00 upon executing this Contract or through Model Home Accents website. Payment submitted through MHA websites constitutes the execution of this agreement.
In addition to any other right or remedy provided by law, if Amanda Ray fails to pay for the Services when due, MHA has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Your $5,000 Interior Design Styling Retainer Deposit will be credited in full against your project furnishings purchases. In the event that no purchase is made, you will be billed at $100 per hour (not to exceed 5 hours) for the design work performed on your project.
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In addition to any other right or remedy provided by law, if Amanda Ray fails to pay for the Services when due, MHA has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.Your $5,000 Interior Design Styling Retainer Deposit will be credited in full against your project furnishings purchases. In the event that no purchase is made, you will be billed at $100 per hour (not to exceed 5 hours)for the design work performed on your project.This Contract will terminate automatically upon completion by MHA of the Services required by TERM; this Contract.
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MHA shall provide its services and meet its obligations under this Contract in a timely and WARRANTY; workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in MHA's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to MHA on similar projects.The occurrence of any of the following shall constitute a material default under this Contract: DEFAULT.a. The failure to make a required payment when due.b. The insolvency or bankruptcy of either party.c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.d. The failure to make available or deliver the Services in the time and manner provided for in thisContract.In addition to any and all other rights a party may have available according to law, if a party REMEDIES; defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.If performance of this Contract or any obligation under this Contract is prevented, FORCE MAJEURE; restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.Any controversies or disputes arising out of or relating to this Contract shall be resolved ARBITRATION; by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
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This Contract contains the entire agreement of the parties, and there are no other ENTIRE AGREEMENT; promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.If any provision of this Contract will be held to be invalid or unenforceable for any SEVERABILITY; reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.This Contract may be modified or amended in writing, if the writing is signed by the party AMENDMENT; obligated under the amendment.This Contract shall be construed in accordance with the laws of the State of GOVERNING LAW.California.Any notice or communication required or permitted under this Contract shall be sufficiently given NOTICE; if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.The failure of either party to enforce any provision of this WAIVER OF CONTRACTUAL RIGHT; Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.Upon online execution on MHA website this Agreement shall be deemed executed at checkout on behalf of Amanda Ray by , Owner and SIGNATORIES. Amanda L Ray on behalf of MHA by , Principal and effective as of the date first above written and/or executed online.
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