SERVICE AGREEMENT FOR CONSULTATION
1.0 SERVICE DESCRIPTION
Design consultation, which includes the following scope of work and deliverables by Atelier et Alia:
- Review intake form and property documentation (such as photographs and plans) sent electronically by Client prior to the video conference call
- 75-minute video conference call with Client to provide consultation
- Deliverable: Any PDFs that are reviewed in the video conference call will be emailed to Client
2.0 COMPENSATION
2.1 Fee amount as listed on the website at time of booking.
2.2 Total consultation fee is due upon booking. If the video conference appointment is canceled providing a minimum of 24-hours prior notice, a full refund will be given. If the video conference appointment is canceled within 24-hours of the scheduled meeting time, a 50% refund will be given. Failure to cancel and failure to show up for the appointment will result in 100% loss of the fee.
2.3 This consultation is a fully stand-alone offering. If the Client subsequently hires Atelier et Alia for Concept Design Services or Full Architectural Services, the consultation fee will be credited towards those services.
3.0 EXCLUDED SERVICES
3.1 Preparation of design or permit drawings is excluded.
3.2 Consultation regarding building structure, building systems such as heating, cooling, electrical, plumbing, fire protections, and site elements such as drainage, civil, and geotechnical is excluded.
3.3 Consultation for project specific advice is solely based upon information provided by the Client; review and consideration of additional information is excluded.
3.4 Architectural services for future Design Phases and Construction Phases including the preparation of drawings for permit submittal are excluded; should Client wish to proceed with architectural services, Atelier et Alia will be happy to provide a proposal for these services dependent upon location of project.
3.5 Preparation of construction cost estimates is excluded.
4.0 TERMS AND CONDITIONS FOR DESIGN CONSULTATION:
4.1 Standard of Care
4.1.1 Atelier et Alia shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.
4.1.2 Atelier et Alia shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project, and the Client agrees to make no delay claim or other related claims against the Atelier et Alia provided that the Atelier et Alia has exercised reasonable diligence in the execution of its services.
4.1.3 The consultation services provided in this Agreement are preliminary opinions and rely upon the information provided by the Client. No final recommendations are made under this agreement.
4.1.4 Atelier et Alia makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.
4.2 Project Budget
It is recognized that neither Atelier et Alia nor the Client has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, Atelier et Alia cannot and does not warrant or represent that bids or negotiated prices will not vary from the Client’s budget or from any cost estimate prepared.
4.3 Client’s Responsibilities
It is understood that the timely delivery of the consultation services relies on the information provided by the Client.
4.4 Instruments of Service
4.4.1 Atelier et Alia shall be deemed authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.
4.4.2 Atelier et Alia shall not be responsible for any modifications made by others to the Instruments of Service, or any other documents or data, prepared by the Atelier et Alia unless they provide written approval of such modifications. If the Instruments of Service are altered without the written authorization of the authors or in the event that the Instruments of Service are used without retaining the authors of the Instruments of Service, the Client releases the Atelier et Alia from all claims and causes of action arising from such uses.
4.5 Indemnification
The Client shall indemnify, defend and hold harmless the Atelier et Alia against all liability, loss, cost, or expense (including reasonable attorney’s fees and cost of defense) and against all claims or actions arising out of the performance of consulting or engineering services by the Client’s separate design consultants, and caused by any act, error, omission, or breach of contract (including breach of representation or warranty) by those persons or entities, or for which the Client is liable, including any claim or action based upon violation of any statute, ordinance, building code or regulation.
4.6 Limitation of Liability
To the fullest extent permitted by law, the total liability in the aggregate, of the Atelier et Alia and the Atelier et Alia’s managers, employees, agents, and independent professional associates, and any of them, to Client and any one claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Atelier et Alia’s services, the project or this Agreement, from any cause or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract, misrepresentation, or breach of warranty of the Atelier et Alia’s officers, directors, employees, agents or independent professional associates, or any of them, shall not exceed the total compensation received by the Atelier et Alia under this Agreement.
4.7 Termination, Suspension or Abandonment
4.7.1 In the event of termination, suspension or abandonment of the Project by the Client, Atelier et Alia and its consultants shall be compensated for services performed.
4.7.2 The Client’s failure to make payments in accordance with this Service Agreement shall be considered substantial nonperformance and sufficient cause for the Atelier et Alia to suspend or terminate services.
4.7.3 Either Atelier et Alia or the Client may terminate this Service Agreement after giving no less than seven days’ written notice if the Consultation is suspended for more than 30 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement.
4.8 Additional Provisions
4.8.1 The invalidity of any provision of the Service Agreement shall not invalidate the Service Agreement or its remaining provisions. If it is determined that any provision of the Service Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Service Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Service Agreement.
4.8.2 This Service Agreement will be governed by the laws of Massachusetts.
4.8.3 This Service Agreement represents the entire Agreement between the Client and Atelier et Alia and supersedes all prior negotiations, representations or agreements, either written or oral. This Service Agreement may be amended only by written instrument signed by both Client and Atelier et Alia.
Effective date: 04.05.2023