Residential Interior Design Service

Agreement
(India)

This Packet Includes:

1. Instructions and Checklist
2. General Information
3. Step-by-Step Instructions
4. Residential Interior Design Service Agreement
 Instructions and Checklist
Residential Interior Design Service Agreement

 Both the client and contractor must sign the Agreement. Because
both parties will want to retain an original, two originals should be signed.

 The Agreement should be signed at the beginning of the term of

service.

 This form should not be used if the contractor is considered an

employee of the client.

 If you like, you can erase the italicised statements on the Agreement.
These are just instructions to help you complete it.

 These forms are not intended to be and are not a substitute for legal
advice. These forms should only be a starting point for you and should not
be used or signed before first consulting with a lawyer to ensure that they
address your particular situation. A lawyer should be consulted before
negotiating any document with another party.

 The purchase and use of these forms is subject to the “Disclaimers and
Terms of Use” found at www.findlegalforms.com.
 General Information
Residential Interior Design Service Agreement

A Residential Interior Design Service Agreement is an agreement between

a contractor (or interior designer) and a client for design services related
to a residential property (as opposed to a commercial property). A service
agreement is helpful because it provides the terms and conditions of the
arrangement. What specific services will the interior designer provide?
How will the furnishings and fixtures be purchased? How and when will
client approvals be given? Who will manage any third party contractors or
installers? How and when will the interior designer be paid? These are all
questions that will be answered in the service agreement. In addition, the
service agreement will reaffirm that an employer/employee relationship is
not created.

An important preliminary step to a Residential Interior Design Service

Agreement is an initial face-to-face meeting between the interior designer
and client. At this meeting, the parties discuss the project, client's design
preferences and functional requirements, and budget. The points
discussed at this meeting will form the terms of the Residential Interior
Design Service Agreement and some designers require a deposit before
embarking on the next phase of the project.

Some projects require the engagement of third party contractors and

installers to complete certain technical work, such as electrical and
plumbing. While some interior designers frequently collaborate with
architects and engineers, this agreement does not contemplate structural
work and as such is not to be used for architectural or engineering
purposes.

Laws change from time to time therefore, the client and the contractor
should become familiar with the laws at present before entering into this
type of arrangement. In addition, before using the form you should
always consult with your lawyer to ensure that it addresses your specific
situation.
 Step-by-Step Instructions
Residential Interior Design Service Agreement

 The following instructions will walk you through each provision to help
you fully understand the terms of your Agreement. The numbers below
correspond with the respective provision within the Agreement.

 Heading: Fill in the date that the Agreement is being entered into,
and the name of each party (Contractor, and the name of Client).

 Section 1: Project. Provide the name, title, and/or address of the

Project, and indicate what residential spaces are included.

 Section 2: Services. This is the "meat" of the Agreement, as it sets

forth a detailed description of the services to be provided.

 Subsection (a): Design Concept. After the initial face-to-face

meeting, Contractor will formulate a design plan or plans (often with use
of computer-aided design or "CAD" software). The parties should specify
whether the schematics will include such items as lighting, cabinets and
the like. Also, Contractor will usually provide visual references and
samples at this point to aid Client in making decisions about furniture and
furnishings, fabric, colour palettes, interior finishes, wall coverings, floor
coverings, etc.

 Subsection (b): Design Specifications. When the design concept

is finalised, the parties then specify in detail the furniture, furnishings,
materials and finishes required, and whether any items will be custom
designed.

 Subsection (c): Purchasing. In this phase, Contractor will generally

issue purchase orders for the required items. This subsection specifies the
information that such purchase orders should include whether any deposit
will be due prior to purchasing, and whether custom merchandise will be
refundable.

 Subsection (d): Third Party Contractors and Installers. Some

designs will require the hiring of contractors to do technical work such as
lighting, plumbing, and electrical wiring. Here the parties specify the type
of technical work necessary, the budget, how changes to the budget will
be handled, how the third party contractors and installers will be engaged,
and the project management services provided by Contractor.

 Section 3: Time of Completion and Approvals. Here the parties

set a timeline for approval and completion of each phase of the project.
 Section 4: Services Estimate and Additional Services. Here the
parties set an estimate for the design services (based upon total number
of designer hours or a fixed fee), as well as a procedure for how additional
services will be handled.

 Section 5: Payment. Specify how Contractor will be paid for services

rendered.

 Subsection (a): Fee. Specify whether a retainer is required and

whether Contractor will be paid by the hour, or a fixed fee.

 Subsection (b): Manner of Payment. Specify when the payments

will be made and whether the payments will be in the form of cash,
cheque or credit card.

 Section 6: Reimbursable Expenses. Set forth all of the expenses

for which Contractor will be reimbursed.

 Section 7: Project Account Records. This is an optional provision,

but it is a good idea to specify that Contractor shall be responsible for
keeping project account records in the event that Client wishes to review
or audit such records should a disagreement arise.

 Section 8: Ownership of Project Documents. This is another

optional, but recommended, provision. This provision specifies that the
project documents are Contractor's property to be used only in connection
with the Project except where Contractor's consent has been given
otherwise.

 Section 9: Right to Photograph. Contractor will likely wish to

photograph the completed Project for portfolio and business purposes,
and this provision makes clear that Contractor shall have the right to do
this without disclosing the Project location or Client's personal information,
unless Client's consent is given otherwise.

 Section 10: Arbitration. It is a good idea to specify how disputes

will be resolved, and this optional Arbitration provision does just that.

 Section 11: Lawyers' Fees and Costs. Should the parties not opt
to include the above Arbitration provision, they may wish to clarify who
will pay lawyers' fees and costs should litigation in a court of law arise.
This optional subsection states that if one party breaches the Agreement,
and the non-breaching party seeks enforcement of the Agreement in a
court or other forum, the party who breached the Agreement shall pay all
reasonable lawyers' fees and costs incurred by the non-breaching party.
 Section 12: Limitation on Liability. In this optional provision, Client
assumes liability for any injury to person or damage to property which
results directly or indirectly from the Contractor's performance.

 Section 13: Term. Fill in the service start date. This provision
explains that the Agreement is terminable at will by either party upon
written notice.

 Section 14: Cancellation. Here the parties may specify the amount
of written notice required to cancel the Agreement, where the other party
fails to substantially perform with the terms of the Agreement. Also, the
parties may specify any balances owed where Contractor cancels without
fault.

 Section 15: Notice. Fill in the mailing address of each party to be

used for written notice.

 Section 16: General Provisions.

 Subsection (a): This subsection states that the services shall be

performed in a good and workmanlike manner and shall comply with
all local and national building codes of India and other applicable laws.
Generally, workmanlike manner means doing the work in an ordinary
skilled manner as a skilled workman would perform the work.

 Subsection (b): This subsection states that Contractor and his/her/its

employees or agents are licensed and therefore authorised to perform the
interior decorating services.

 Subsection (c): In this subsection, Contractor warrants that he/she/it

carries insurance to cover injuries to himself/herself/itself, his/her/its
employees and others who are injured or who suffer loss as a result of
Contractor's or his/her/its employees' acts.

 Subsection (d): This subsection states that in the event Client fails to
make any payments, Contractor can cease performance of the services
without breaching the Agreement, pending payment or a resolution of the
dispute.

 Subsection (e): This subsection states that Contractor shall not be

liable for any delay or non-performance of the services, so long as the
delay or non-performance is not due to circumstances within his/her/its
control.

 Subsection (f): This subsection reaffirms that Contractor is an

independent contractor. This is an important distinction for the purposes
of tax status, insurance and liability. During the employment relationship
both parties should be careful to keep this distinction clear. .
 Subsection (g): If either party chooses to modify this Agreement in
any way, this subsection states that the modification must be put in
writing and signed by both parties.

 Subsection (h): This subsection specifies laws of India shall be used

to interpret the Agreement.

 Subsection (i): This subsection states that neither Client nor

Contractor may assign any rights or duties under the Agreement to a third
party, without the consent of the non-assigning party.

 Subsection (j): This subsection states that the headings used to

describe each provision are not to be used in any determination as to the
meaning of the provision itself. Rather, the headings are for the parties'
convenience only.

 Subsection (k): This subsection specifies that the Agreement is

considered the complete agreement between the parties. Any prior
agreements are invalid.

 Subsection (l): This subsection states that if one or more provisions

of the Agreement are deemed unenforceable (e.g., by a court), that
provision is severable from the rest of the Agreement, which shall remain
binding and enforceable on the parties.

 Signature Block. Each party should sign and date two original
Agreements. Each party should retain an original for their reference.
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 RESIDENTIAL INTERIOR DESIGN SERVICE
AGREEMENT

This Residential Interior Design Service Agreement (the “Agreement”) is dated as of

________________________, 20____, by and between _______________________
______________________________________________ (“Contractor”) and
____________________________________________(“Client”) (collectively the “Parties”).
The Parties agree as follows:

1. PROJECT: The Agreement pertains to the following site ("Project"):

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(specify address, title and/or other description of the Project)

The Project pertains to the interiors of the following areas within the location specified
above: (Check all that apply)

[ ] Entryway
[ ] Family Room
[ ] Living Room
[ ] Dining Room
[ ] Kitchen
[ ] Home Office
[ ] Master Bedroom
[ ] Master Bath
[ ] Bedroom (specify _____________)
[ ] Bedroom (specify _____________)
[ ] Bedroom (specify _____________)
[ ] Bath (specify _____________)
[ ] Bath (specify _____________)
[ ] Bath (specify _____________)
[ ] Closet (specify _____________)
[ ] Recreation Room
[ ] Sunroom
[ ] Basement
[ ] Other (specify _____________)

2. SERVICES: Contractor will perform the residential interior design services described
below (the "Services"):

(a) DESIGN CONCEPT: In this phase of the Project, Contractor shall perform the
following: (check all that apply)

[ ] Evaluate and measure space, and take inventory of existing furniture, furnishings
and equipment.

Residential Interior Design Service Agreement 1

 [ ] Prepare the following schematics/plans based upon Client's design preferences
and functional requirements:

___ Space ___ Colours, Materials, Finishes

___ Furniture/Furnishings ___ Lighting
___ Cabinets ___ Built-ins
___ Other_____________
[ ] Provide visual references, samples and other materials to generally represent the
initial design concept (e.g. furniture/furnishings, fabric, colour palettes, interior
finishes, wall coverings, floor coverings, ceiling treatments, lighting treatments, and
window treatments).

[ ] Other
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_____________________________________________________
(Specify other Services to be performed, e.g., additional meetings with Client to
discuss and refine the Design Concept, etc. Attach an appendix if you require
more space)

(b) DESIGN SPECIFICATIONS: In this phase of the Project, Contractor shall perform
the following: (check all that apply)

[ ] Select for purchase the following required items:

___ Furniture/Furnishings (________________________________________)

___ Light Fixtures (______________________________________________)
___ Flooring (__________________________________________________)
___ Wall Covering (_____________________________________________)
___ Cabinets (__________________________________________________)
___ Built-ins (__________________________________________________)
___ Window Treatments (_________________________________________)
___ Ceiling Treatments (__________________________________________)
___ Fixtures (___________________________________________________)
___ Accessories (________________________________________________)
___ Art (_______________________________________________________)
___ Other (_____________________________________________________)
[ ] Custom design the following required items:

___ Furniture/Furnishings (________________________________________)

Residential Interior Design Service Agreement 2

 ___ Light Fixtures (____________________________________________)
___ Flooring (_________________________________________________)
___ Wall Covering (____________________________________________)
___ Cabinets (_________________________________________________)
___ Built-ins (_________________________________________________)
___ Window Treatments (________________________________________)
___ Ceiling Treatments (_________________________________________)
___ Fixtures (__________________________________________________)
___ Accessories (_______________________________________________)
___ Art (______________________________________________________)
___ Other (____________________________________________________)
[ ] Other
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(Specify other Services to be performed, e.g., additional meetings with Client to
discuss and refine the Design Specifications, etc. Attach an appendix if you
require more space)

(c) PURCHASING: In this phase of the Project, Contractor shall perform the following:
(check all that apply)

[ ] Prepare and submit for Client’s written approval purchase orders for the purchase
of the items specified above.

___ Such purchase orders shall identify the item, price, applicable sales tax,
and freight cost.

___ The price of each item to Client shall be the amount charged to Contractor
by the supplier of such item, plus a purchase fee of _______ Percent (____%).

___ A deposit of ______ _______ Percent (____%) of the Client Price is due
prior to issuance of the purchase orders.

___ Custom merchandise is non-refundable. Custom merchandise will be

identified as such on the purchase orders. All sales of custom merchandise are
final.

[ ] Other
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

Residential Interior Design Service Agreement 3

 (Specify other Services to be performed, e.g., additional meetings with Client to
discuss purchase orders, whether Contractor will be responsible for receipt,
inspection and acceptance on behalf of Client of furniture, furnishings and
equipment at time of delivery, etc. Attach an appendix if you require more space)

(d) THIRD PARTY CONTRACTORS AND INSTALLERS: If the Project requires

the engagement of Third Party Contractors and/or Installers to perform certain
technical work, the following provisions shall apply: (check all that apply)

[ ] Based on the Parties' discussions, the construction budget for this Project is
_____________________ Rupees (Rs.__________), and the technical work to be
performed includes the following: (check all that apply)

___ Lighting ___ Plumbing

___ Electrical ___ Carpentry/Woodwork
___ Heating ___ Air Conditioning
___ Ventilation ___ Flooring
___ Countertops ___ Window Treatment
___ Art Installation ___ Other_____________
[ ] Should Client require changes in the Project scope during this phase, the above
budget will be amended with Client's written consent only. Changes in Project scope
include the following:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_____________________________________________________
(Specify. Attach an appendix if you require more space)

[ ] The Third Party Contractors and/or Installers will be engaged as follows:

___ Contractor will refer Client to appropriate licensed and insured Third Party
Contractors and/or Installers.

___ Contractor will choose appropriate licensed and insured Third Party
Contractors and/or Installers.

___ Client will directly contract with the applicable licensed and insured Third
Party Contractors and/or Installers.

___ Contractor will write work contracts for technical work to be performed by
the applicable licensed and insured Third Party Contractors and/or
Installers.

___ Contractor is not responsible for the performance, quality, timely

completion, means, methods, techniques, sequences or procedures of

Residential Interior Design Service Agreement 4

 construction, fabrication, procurement, shipment, delivery or installation, or
for safety precautions and programs in connection with work performed by
Third Party Contractors and/or Installers, since these are solely the Third
Party Contractors' and/or Installers' responsibility under their respective
contracts. (optional)

[ ] Contractor will manage the Third Party Contractors and/or Installers as follows:

___ Meet with and/or schedule any and all Third Party Contractors and/or
Installers for estimates, delivery, or other purposes
___ Coordinate all Third Party Contractors' and/or Installers' schedules and
create a timeline based thereon
___ Review all Third Party Contractors' and/or Installers' work to determine
whether the work is proceeding in general conformity with the Design
Concepts and Specifications and timeline
___ Provide constant observation of all Third Party Contractors' and/or Installers'
work at the Project site

3. TIME OF COMPLETION AND APPROVALS: The Services shall be completed

according to the following schedule:

(a) DESIGN CONCEPT: The Services for the Design Concept phase shall begin on
________________, 20__, and shall be submitted for Client's final written approval
on or before ________________, 20__.

(b) DESIGN SPECIFICATIONS: The Services for the Design Specifications phase
shall begin on ________________, 20__, and shall be submitted for Client's final
written approval on or before ________________, 20__.

(c) PURCHASING: The Services for the Purchasing phase shall begin on
________________, 20__, and shall be submitted for Client's final written approval
on or before ________________, 20__.

(d) THIRD PARTY CONTRACTORS AND INSTALLERS: If the Project requires

the engagement of Third Party Contractors and/or Installers, the Services for this
phase shall begin on ________________, 20__, and shall be completed on or before
________________, 20__.

4. SERVICES ESTIMATE AND ADDITIONAL SERVICES: Based on the Parties'

discussions, the estimate for Services to complete the Project is: (Mark the applicable
provision(s))

[ ] ___________ (___) hours, not to exceed ___________ (___) hours.

[ ] _____________________ Rupees (Rs.__________) fixed fee.

[ ] Should additional Services above and beyond those covered in this Agreement be
required, the above estimate for Services will be amended with Client's consent only.
Additional Services include the following:

Residential Interior Design Service Agreement 5

 _________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_____________________________________________________
(Specify. Attach an appendix if you require more space)

5. PAYMENT: (Mark the applicable provision(s))

(a) FEES:

[ ] An initial payment of _____________________ Rupees (Rs.__________) is

payable upon execution of this Agreement and will be credited to Client's account.

[ ] Client shall pay Contractor for the Services the rate of __________________
Rupees (Rs.__________) per hour.

[ ] Client shall pay Contractor for the Services the sum of __________________
Rupees (Rs.__________). Such fixed fee shall cover Contractor's costs exclusive of
reimbursement for expenses.

(b) MANNER OF PAYMENT: The payment(s) shall be paid in the following manner:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
(Here you should describe when and how the payments will be made. If Contractor
bills by the hour, how often will invoices be sent, and when will payment be due? If
Contractor charges a fixed fee, will payments be due in instalments, and when? Will
payment be in the form of cash, cheque, or credit card?)

6. REIMBURSABLE EXPENSES: (Mark the applicable provision(s))

[ ] Client shall reimburse Contractor for the following expenses and out-of-pocket
costs related to the Project:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(E.g. approved long distance travel, toll phone calls, duplication services,
postage and handling, permits, etc. Attach an appendix if you require more
space)

7. PROJECT ACCOUNT RECORDS: Contractor shall be responsible for keeping

project account records, and such records shall be made available to Client or Client's
authorised representative at a mutually convenient time. (optional)

8. OWNERSHIP OF PROJECT DOCUMENTS: The schematics, plans and other

documents prepared by Contractor for this project are Contractor's property for use solely
with respect to the Project, and shall not be used by Client or others on other projects,
except by agreement in writing. Unless otherwise provided, Contractor shall be deemed

Residential Interior Design Service Agreement 6

 the author of these documents and shall retain all common law, statutory and other
reserved rights, including the copyright. Client shall be permitted to retain copies for
information and reference in connection with the Client's use and occupancy of the
Project. (optional)

9. RIGHT TO PHOTOGRAPH: Client agrees to permit Contractor to photograph the

Project upon completion. Contractor will be entitled to use such photographs for
portfolio and business purposes, but Contractor shall not disclose the Project location or
Client's name without Client's prior written consent.(optional)

10. ARBITRATION: The Parties agree that any dispute or controversy arising out of this
Agreement shall be settled by Arbitration to be held in __________, in accordance with
the rules as laid down by Arbitration & Conciliation Act 1996. The arbitrator may grant
injunctions or other relief in such dispute or controversy. The decision of the arbitrator
shall be final, conclusive and binding on the Parties. Judgment may be entered on the
arbitrator’s decision in any court having jurisdiction. The Parties shall each pay one-half
of the costs and expenses of such arbitration, and each of the Parties shall separately pay
counsel fees and expenses. (optional)

11. LAWYERS' FEES AND COSTS: In the event that it becomes necessary to enforce any
of the terms of this Agreement, the defaulting party agrees to pay all reasonable lawyers'
fees and costs incurred therein. (optional)
12. LIMITATION ON LIABILITY: Client holds Contractor harmless for any claim, loss,
damage or injury to any person or property arising, either directly or indirectly, from
Contractor's performance. (optional)

13. TERM: (Mark the applicable provision(s))

[ ] The term of this Agreement shall begin on _________________, 20______, and

shall continue until terminated by either Party. Termination requires the terminating
Party to give prior written notice to the non-terminating Party.

14. CANCELLATION: (Mark the applicable provision(s))

[ ] Both Client and Contractor reserve the right to cancel this Agreement upon not
less than ___________ days' written notice should the other party fail substantially to
perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.

[ ] In the event of cancellation not the fault of Contractor, Client shall be liable for
any and all balances owed in full, including but not limited to fees for services
rendered, reimbursable expenses, pending purchase orders as of the cancellation date,
etc.

Residential Interior Design Service Agreement 7

15. NOTICE: Any notice required to be given to either Party under this Agreement shall be
sent via registered post to the appropriate address below:

If to Client: If to Contractor:

16. GENERAL PROVISIONS:

(a) All work shall be completed in a good and workmanlike manner, and, if applicable, in
compliance with all local and national building codes of India and other applicable
laws.

(b) To the extent required by law all work shall be performed by individuals duly licensed
and authorised by law to perform the work.

(c) Contractor warrants that he/she/it is adequately insured for injury to his/her/its
employees and others incurring loss or injury as a result of the acts of Contractor or
his/her/its employees.

(d) In the event Client shall fail to pay any periodic or instalment payment due hereunder,
Contractor may cease work without breach pending payment or resolution of dispute.

(e) Contractor shall not be liable for any delay or non-performance due to circumstances
beyond his/her/its control.

(f) Contractor is an independent contractor and not an employee of Client.

(g) Any changes to this document must be signed by both Contractor and Client.

(h) This Agreement shall be construed in accordance with the laws of India.

(i) Neither the Client nor the Contractor may assign this Agreement without prior written
consent from the non-assigning party.

(j) The headings of the sections herein are for convenience only, and shall not affect the
meaning of the provisions of this Agreement.

(k) This Agreement constitutes the entire agreement between the Client and the
Contractor, and supersedes any prior understanding or representation of any kind
preceding the date of this Agreement. There are no other promises, conditions,
understandings or other agreements, whether oral or written, relating to the subject
matter of this Agreement.

(l) If any part of this contract is deemed invalid, illegal or unenforceable, the remaining
provisions of this contract will remain valid and enforceable as to both parties.

Residential Interior Design Service Agreement 8

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first
written above.

CLIENT: CONTRACTOR:
_______________________________ ______________________________
Signature Signature

_______________________________ ______________________________
Name (please print) Name (please print)

_______________________________ ______________________________
Title (if applicable) Title (if applicable)

Residential Interior Design Service Agreement 9