TERMS & CONDITIONS

AGREEMENT PURPOSE

This Agreement, effective the day of booking, is entered into between the Client and Lush Designs (The Designer), for the provision of interior design services and/or management.

The parties hereby agree to the terms outlined herein.

AGREEMENT DETAILS

SCOPE OF SERVICES

The Designer shall provide the Client with the following services and/or products (“Services”) for the total fee (inclusive of taxes) as outlined in each package on the booking page.

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SERVICE LOCATION & DELIVERY

Location: Services will be provided primarily online, with design meetings conducted via Zoom. Material selection samples will be presented to the Client in person at their address.

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DEPOSITS & PAYMENTS

All deposits and payments shall be made payable to Lush Designs.

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COMMUNICATION

Communication shall occur primarily via email, with additional options for phone calls, Zoom meetings, and in-person consultations.

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The Client agrees that all correspondence will occur through email communication except when otherwise scheduled. The Client also agrees to additional fees for local in-person visits if requested.

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Unlimited follow-up questions (by email) are included in every design package for a period of 7 business days from the date the last revised e-design package is delivered.  The follow-up question time period can be extended by 7 business day increments at an additional cost to be agreed upon in writing between the Designer and the Client.

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In addition to all other legal rights, Designer shall be entitled to withhold delivery of any item of Merchandise or the further performance of Interior Installations or any other services, should Client fail to timely make any payments due to the Designer.

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In the event of a change in scheduling (beyond an emergency), the Designer requires a minimum of 48 hours’ notice.  If proper notice is not provided, Designer will invoice the Client for a minimum of 2 hours at the full hourly rate. The Designer guarantees to be on time or will call in the event of any delay.

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EXCLUSIVITY

The Client understands and agrees that he or she has hired the Designer exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that the Designer hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

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REVISIONS

Two revisions of the project are included, with additional revisions subject to an hourly design rate of $150.00/hr.

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MARKETING

The Designer reserves the right to use the Client’s design board or photographs of finished projects and/or other product deliverables in websites, blogs or other marketing efforts.

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Should the Designer require a record of Designer’s design projects, Client will permit Designer or Designer’s representatives to photograph the project upon completion of the Project. Designer will be entitled to use photographs for Designer’s business purposes but shall not disclose Project location or Client’s name without Client’s prior written consent.

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Should the Client submit photographs of the completed designed space, Client agrees that they own the copyright to the photograph and give the Designer permission to use the photographs in websites, blogs or other marketing efforts without any compensation with the exclusive right and license to use, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from, and otherwise exploit all images in any document, medium or technology that the Designer elects, whether now or in the future for marketing purposes.

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All concepts, drawings and specifications prepared by Designer’s firm (“Project Documents”) and all copyrights and other proprietary rights applicable thereto remain at all times Designer’s property. Project Documents may not be used by Client for any purpose other than completion of Project by Designer.

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If the Client desires to change anything, it is the Client’s responsibility to inform the Designer of proposed changes in writing.

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The Designer is not responsible for any project completion that is conducted by a third party that is directly or not directly hired by the Designer.

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INTELLECTUAL PROPERTY

Copyright ownership of all work produced remains with the Designer.

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ARTISTIC RELEASE
The Client has spent a satisfactory amount of time reviewing the Designer's work and has a reasonable expectation that the Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

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CONSISTENCY

The Designer will use reasonable efforts to ensure the Client's desired Services are produced in a style and manner consistent with the Designer's current portfolio and the Designer will try to incorporate any reasonable suggestion made by the Client. However, the Client understands and agrees that:

1. Every client is different, with different tastes, budgets, and needs;

2. Interior Design services are often a subjective art and the Designer has a unique vision, with an ever-evolving style and technique;

3. The Designer will use its artistic judgment when providing Services for the Client, which may not include strict adherence to the Client’s suggestions;

4. Although the Designer will use reasonable efforts to incorporate the Client’s suggestions and desires when providing the Client with the Services, the Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.

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ACCESS TO INFORMATION
The Client will provide the Designer with access to the Project and all information the Designer may need to complete the Project. It is the Client’s responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this Project.

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If required, the Designer will supply instructions for the taking of measurements for the space to be designed, but the Client is responsible for providing accurate dimensions. 

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Design work will only start upon receipt of this signed copy of the Agreement of Design and payment of any applicable fees associated.  If changes to the "Scope of Work" are made by the Client after the design has begun, additional time and/or fees may be required and documented in writing.

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REVISIONS
The Designer provides two revisions of the project, scheduled via Zoom within 14 days of the last design delivery. The Client is expected to attend this meeting prepared with any revisions they would like to make to the last delivered design. Any revisions above & beyond this amount is subject to the hourly design rate of $150.00/hr and will be charged accordingly, then added to the Extras & Changes Schedule.

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FINISH & CONSTRUCTION RECOMMENDATIONS
At the Client’s request, hiring of contractors, finish materials, fixtures and furniture can be purchased by the Designer and a separate Purchasing Agreement will be presented to Client for approval, signature and payment. Purchase orders will not be issued until the Client has approved, signed and returned a copy of the written Purchasing Agreement to the Designer, along with the payment.

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If construction is planned, the Client is advised to consult and separately contract with a licensed contractor.  All renderings and floor plans by the Designer are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes.

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The Designer will not be held responsible for the means, methods or procedures of construction, fabrication, delivery, installation, assembly, or safety precautions in connection with the execution of the design package; for the acts or omissions of any contractor, subcontractor, supplier, or other person performing work related to the design package; or any failure of them to meet any schedules or completion dates.

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The Designer cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations in the design project.

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The Designer’s services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed at the Project.

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Should the nature of the Designer’s design concepts require the services of any other design professional, the Client will be responsible for covering any costs associated for those services, or hiring a third party on their own accord.

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MERCHANDISE RECOMMENDATIONS
All items specified are available through local or online retailers within North America. In some cases, products will be specified by manufacturer and item number giving the Client the option to shop the product on their own for best pricing or for reference if they prefer to use local vendors. The Designer may also provide the Client with affiliate links for purchasing products, in which case the Designer will make a small percentage commission, at no additional cost to the Client.

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The Designer will provide links for suggested products for the project that may connect the Client to a third-party vendor. Products may be warranted by their respective manufacturers. The Client is referred to such warranties and policies for their terms and conditions. The Designer is not the manufacturer of any products. The Designer assumes no responsibility or liability for Client’s purchasing experience with third party vendors and recommend that the Client reviews their policies before committing to any purchase.

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The Designer cannot guarantee that actual prices for Merchandise and/or Interior Installations or other costs or services as presented to the Client will not vary either by item or in the aggregate from any Client proposed budget. Therefore, items may be on back-order, discontinued, or increased in price by the time the Client orders. The Client is responsible for finding suitable replacements. Any further requests or changes beyond the 14-day allowance will incur an additional charge at an hourly rate of $150. Hourly charges will be invoiced to the Client and all invoices are due upon receipt before the work of finding replacements shall commence.

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The Designer strongly recommends that the Client requests samples for fabrics and other finishes as much as possible to verify colour and durability before purchasing. Computer monitors will display colours differently and dye-lots can be different and will affect the look of the actual product. We are not responsible for such variations. In cases where the Designer has specified paint colours, the Client acknowledges that, due to varied conditions of lighting, wall finishes and other factors, colours may not be a true representation of how they appear on the swatches. These colour swatches are supplied by paint companies to provide a visual guideline for each colour and may not represent an exact match of colour and finish. The Designer strongly recommends that the Client purchases samples and tests all samples on several walls, in several lighting conditions to make sure the Client likes the colours specified by the Designer.

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All Charges for freight, storage, delivery, handling, insurance, assembly, and installation as well as taxes (where applicable), will be paid by the Client in addition to the item cost.

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The Designer shall not be liable for loss or damage of any kind resulting from delays or inability to deliver goods sold hereunder due to back orders, pandemics, fire, labour troubles, accidents, acts of civil or military authority, acts of terrorism, acts of nature, failure, or delay in its usual source of supply or from any other cause beyond Designer’s control.

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It is customary for manufacturers to ship items as they are completed. The Client agrees to accept delivery upon arrival and understands that all delivery and completion dates are approximate. The Designer has no control over time frame of delivery of orders placed with manufacturers. Shipping, handling, freight, delivery, and all fees associated with orders are the responsibility of the purchasers.

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The Designer is not responsible for the appearance, quality, or workmanship of any products that were purchased or not purchased by the Designer.

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ACKNOWLEDGEMENTS

1. All house renderings and interior drawings are Designer’s conception. Floor plans show approximate dimensions. The Designer may be required to make minor modifications to house dimensions to meet building code regulations.

2. The Client acknowledges that all renderings and renovations are subject to the approval of the City in the Municipality of the Property. The Designer is not held responsible for the building code regulations that lead to alterations in the Client’s desired goods and/or services rendered.

3. The Client acknowledges that the finishing materials installed or provided may change by the time of install due to inventory or access and may not be the same grade or type, or may vary slightly including but not limited to colour, size and texture referred to herein. This includes but is not limited to broadloom, furniture, electrical fixtures, drapes, marble or ceramic flooring, wood flooring, cabinetry, stained floors, staircase and railing, architectural moulding etc.

4. The Client's choice of interior/exterior colours and materials (when available) shall be made from The Designer's samples.

5. The Client agrees to make selections within 14 days upon notification by The Designer.

6. When installed, materials may vary in colour and finish from The Designer's samples. These variations are due to dye lot changes and normal production processes. Such finishing materials may include but is not limited to bathroom fixtures, sinks and faucets, kitchen and vanity cabinets, floor and wall finishes as well as paint and masonry materials.

7. The Client acknowledges that colour match requests of different materials are never exact due to variations in finishing processes.

8. Requested changes to plans or specifications may be subject to a minimum charge. Note that items shown as optional on promotional material may be contracted at an additional cost. When credits for materials or installation are provided to the Client, the credit shall be provided at The Designer's cost. This schedule takes precedence over promotional material. Change orders take precedence over this schedule. Presentation drawings, colour selections and change orders must be read together.

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AMENDMENT
The parties may amend this Agreement only by the parties’ written consent via proper Notice.

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EXTRAS & CHANGES
Unless otherwise provided herein, the Client shall pay additional charges for all changes requested by the Client which are outside the "Scope of Work" on a time and materials basis, at the Designer’s standard hourly rate of $150/hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. The Designer may extend or modify any delivery schedule or deadline as required by such Changes.

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The Client will pay for the Extras (if permitted and if any) in accordance with the Extras & Changes Schedule and/or other Designer's approved Order form. Unless otherwise required by the Designer, the Client will pay for Extras on Completion.

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TERMINATION OF AGREEMENT

This agreement may be terminated by either party upon the other party’s default in performance, provided that termination may not be effective unless written notice specifying nature and extent of default is given to the concerned party and such party fails to cure such default in performance within seven (7) days from date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies of Designer, and Client shall remain liable for all outstanding obligations owed by Client to Designer and for all items of Merchandise, Interior Installations and other services on order as of the termination date.

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Should the Client terminate this project for any reason, Designer will be entitled to full payment for all the time invested to that point. If the Client requires a rush project, the Designer will charge an additional 20% on top of the project fee if the Designer is available.

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Neither Client nor Designer may assign their respective interests in the Agreement without the written consent of the other.

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This Agreement is a complete statement of Designer’s and Client’s understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only by a writing signed by both Designer and Client.

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AMENDMENT

Any amendments to the agreement require written consent from both parties.

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IMPOSSIBILITY
Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

• A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

• War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

• Any hazardous situation created outside the control of either party such as a riot, pandemic, state of emergency, disorder, nuclear leak or explosion, or act or threat of terrorism.

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FAILURE TO PERFORM SERVICES
In the event the Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

• Immediately give a written Notice to Client; and

• Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

• Excuse the Client of any further performance and/or payment obligations in this Agreement.

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AGREEMENT
By paying for these services, I agree to all of the terms of this Agreement of Design & Management.

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