We bill hourly at our standard rate, starting at signing and apply your retainer as a credit on the client’s last invoice.

GENERAL INFO & AGREEMENT General Terms and Conditions. Retainer is due to start work and is none refundable. Design Wild will bill hourly and apply the retainer funds to your last invoice. Standard hourly rates: Principal Design $200/hr., Associate Design $150/hr., Administrative $75/hr.

 SERVICES Professional design services shall be performed with care and diligence in accordance with professional standards appropriate for a project of this nature and scope.

CHANGES AND REVISIONS Landscape Designer 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. Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous budget parameters and/or Program descriptions. Both parties may, by mutual agreement, make changes to the scope of work, schedule, prices, deliverables or other substantive aspects of the Services (“Change”). Landscape Designer shall provide Client with a revised estimate setting forth the additional charges resulting from the Change ("Change Order"). 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 Landscape Designer 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.

 PRESS & PHOTOGRAPHY Design Wild to be included by name in all press related to this project with logo included where appropriate. Client hereby authorizes and grants permission to Design Wild to photograph, record, use, publish or otherwise capture and depict the project and work in printed, digital, audio, internet or other format. 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.

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

FEES Client will pay Landscape Designer in accordance with the Fees and other payment terms as specifically set forth.
All Contractor 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.

 INDEMNIFICATION, RESOLUTION, & TERMINATION Client and Landscape Designer 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 the Landscape Designer up to the effective date of termination will not be refunded.

 GOVERNING LAW This Agreement shall be governed by the law in effect at the Landscape Designer's principal place of business. 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 judgement 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 the Landscape Designer 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.