Project OVERVIEW + Client AGREEMENT

The landscape project at the residence listed below will be consulting on the overall composition and design of the garden and property as a whole. Special attention will be paid to the views from within the home, functionality, and a landscape that fits seamlessly into the surrounding natural environment. The garden will be carefully designed to support client use and flow seamlessly with the whole property. 

Design Wild Services: 

• PHASE I: Landscape design & property plan 

• PHASE II: Installation oversight

• PHASE III: Ongoing oversight

Project DETAILS

PHASE I: LANDSCAPE DESIGN & PROPERTY PLAN 

We will identify priority spaces, develop active designs for those spaces including any construction, layout, plant lists and materials needed.

PHASE II: INSTALLATION OVERSIGHT

We will supervise and coordinate trade and contractor bids for installation including garden care, construction of new gardens where necessary, source plant material and supervise installations when necessary.

PHASE III: ONGOING OVERSIGHT 

Design Wild will visit the property on a regular basis for ongoing garden consultations, oversight and changes as needed.

Project PAYMENT Terms

DESIGN RETAINER       ...………………………………………………………………………. $2,500 

Retainer will be paid in full at contract signing and will be applied to the last invoice.  

Any additional funds will be credited to the client at the termination of work.

Consulting & Design hours will be billed monthly starting at contract signing. 

All hours will be billed at the standard hourly rate. 

Any supplies and plant material will be charged in addition. 

Any technical drawings or outside engineering needed will be in addition to.

By Submitting this form you acknowledge and agree to the attached schedules, terms, and conditions (see below):

Terms And Conditions

SERVICES 

Professional services shall be performed with care and diligence in accordance with professional standards appropriate for a project of this nature and scope. Standard hourly rates include | Principal Design $200/hr., Project Coordination & Oversight $200/hr., Community Design Rate $150/hr., Associate Project Manager $75/hr.

PAYMENT TERMS 

Changes to the design and/or scope of work will be deemed additional services and subject to further cost. The billable rate and scope of these additional services can be set forth in a separate schedule or will be charged hourly at the given rate. Fees may be subject to New York State Sales Tax. 

Client will pay Design Wild in accordance with the Fees and other payment terms as specifically set forth the applicable Schedule(s), attached hereto. All invoices are due upon receipt. If Client fails to pay any amount due within thirty (30) days from the date of the invoice, late charges of the lesser of 1.5% per month or the maximum amount allowable by law shall also become payable by Client to Design Wild.

RETAINER FEE 

Retainer fee will be paid in full at contract signing and will be held and applied to the last invoice.  Any additional funds will be credited to the client at the termination of work. Consulting & Design hours will be billed monthly starting at contract signing. All hours will be billed at the standard hourly rate. The retainer will become part of Design Wild’s fee after 6 months of no client contact or billable hours.

CHANGES AND REVISIONS 

Design Wild shall proceed with a phase or design package of the contracted design services only after receiving the Client’s written approval of the services and deliverables provided in the previous phase and written authorization to proceed with the next phase. Both parties may, by mutual agreement, make changes to the scope of work, schedule, prices, deliverables, or other substantive aspects of the Services. Design Wild shall provide Client with a revised estimate setting forth the additional charges resulting from the Change. In no event shall any Change be effective or acted upon in any way until such time as an authorized representative of both Client and Design Wild has agreed to the terms of the Change Order in writing. A Change Order shall be deemed incorporated into and made a part of the applicable Schedule. In the event of a discrepancy between a Change Order and any other part of this Agreement or applicable Schedule executed prior to such Change Order, the terms of the Change Order shall govern. 

COOPERATION 

Client agrees to cooperate with Design Wild in the provision of the Services, including by providing accurate and complete information as may reasonably require in performance of the Service. 

PRESS & PHOTOGRAPHY

Design Wild will be included by name in all press related to this project with logo included where appropriate. Design Wild or its representative may take photos or otherwise capture images, video, audio or other likeness of project and depict such likenesses in any media in perpetuity without compensation and without need for further approval.

FEE FOR PROCUREMENT 

Design wild is happy to procure furniture, décor etc. with a fee for procurement included.  Our pricing for the client will always remain at retail levels or lower depending on available discounts. Our markup on goods is typically 25% above net pricing including freight and local delivery costs.  This fee covers our time and coordination, and our clients will remain paying retail pricing or below.  

APPOINTMENT CANCELLATION FEE 

Each party agrees to confirm and abide by the scheduled appointment. An appointment cancellation fee of 25% of total site visit will incur if the appointment is canceled with less than 24 hours’ notice or if building issues arise and Design Wild cannot gain access to the site.

INDEMNIFICATION, RESOLUTION, & TERMINATION 

Client and Design Wild each agree to hold harmless the other from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys’ fees, to the extent such are caused by the indemnifying party’s negligent acts, errors, or omissions. If a dispute arises out of or relates to this Agreement, the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions, the parties shall submit the dispute to mediation, the cost of which shall be imposed upon the Client. This Agreement may be terminated by either party on 7 days’ written notice should the other party fail substantially to perform in accordance with its terms. Any payments received by Design Wild up to the effective date of termination will not be refunded. 

GOVERNING LAW 

Both parties agree that this Agreement is entered into in New York and that it shall be governed by, construed, and enforced in accordance with the laws of the State of New York, exclusive of any choice of law rules. Except as otherwise stated herein, any controversy or claim arising out of or relating to this agreement or the breach hereof, except as stated below, shall be settled by arbitration by and in accordance with the rules of the American Arbitration Association in the state of New York, and the judgment upon any award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. The award of the arbitrator shall be final, non-appealable and binding upon the parties hereto and their respective successors and permitted assigns. 

MISCELLANEOUS

Each party is an independent contractor and shall not hold itself out as an officer, director, employee, or agent of the other party for any purpose.
If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect. 

COMPLETE AGREEMENT 

This Agreement represents the entire understanding between the Client and Design Wild and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement and the Schedule(s) may be amended only in writing signed by both parties.