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ESSENCE 

ARTS

Terms & Conditions

A Legal Disclaimer

The explanations and information provided on this page are only general and high-level explanations and information. Essence Arts gathers the appropriate legal information on client engagements. We adhere to a strict legal procedures. Our client relationships are personal and professional. That is the fundamental principle of our business, our clients are the focus! 

Terms & Conditions - The Basics

On contractual arrangement, we will proceed with our formal Terms and Conditions. The following information will be gathered:

  • Identification of Parties and Project Location: Clearly state the full legal names and contact information for both the interior design firm and the client, along with the precise project address.

  • Detailed Scope of Work: This is the most crucial section. It must specifically define all services the designer will provide (e.g., conceptual design, space planning, procurement oversight) and explicitly list services that are excluded (e.g., structural engineering, plumbing, electrical work).

  • Project Phases and Timelines: Outline the estimated timeline for each project phase and key milestones. Include provisions for potential delays caused by third parties or unforeseen circumstances (force majeure) and specify the contract's overall term.

  • Fees and Payment Terms: Detail the compensation structure (hourly rate, flat fee, etc.), payment schedule, accepted methods, and any penalties for late payments. Specify if a retainer is required upfront.

  • Purchasing and Expenses: Clarify that the client is responsible for all purchases, and pricing for goods is subject to change. Detail terms for handling expenses such as samples, travel, and storage, and specify liability for damages or delays during shipping/installation.

  • Client Responsibilities: Outline the client's obligations, such as providing timely access to the property, prompt feedback and approvals, and responsibility for directly hiring and managing third-party contractors (architects, builders, etc.).

  • Intellectual Property Rights: State that the designer typically retains ownership and copyright of all designs, drawings, and specifications. The client is generally granted a non-exclusive license to use these materials solely for the specified project.

  • Revisions and Change Orders: Define the number of revisions included in the original fee and the process for requesting additional changes, along with any associated costs.

  • Limitation of Liability: Include a clause limiting the designer's liability for issues outside their direct control, such as the quality of work by independent contractors or imperfections in vintage items.

  • Confidentiality: Protect sensitive information shared by both parties during the project.

  • Termination Clause: Outline the conditions under which either party can terminate the agreement, including non-payment, and the financial obligations upon termination.

  • Dispute Resolution and Governing Law: Specify how disputes will be handled (e.g., mediation, arbitration) and which state's laws will govern the agreement.

  • Photography and Publicity Rights: Secure the client's consent to photograph the finished project for the firm's portfolio and marketing purposes. 

On client engagement the T&C is signed.

For complex engagements, we will create an internal website. Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much much more. 
 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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