Interior Design Management Agreement
Interior Design Management Agreement
Preamble
WHEREAS, [Your Company Name] (hereinafter referred to as the "Design Firm") is a corporation organized and existing under the laws of [State/Country], with its principal office located at [Your Company Address]; and
WHEREAS, [Manager's Full Name] (hereinafter referred to as the "Manager") is an individual with expertise in managing interior design projects, residing at [Manager's Address]; and
WHEREAS, the Design Firm desires to appoint the Manager to provide management services for its interior design projects, and the Manager is willing to provide such services under the terms set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, This Interior Design Management Agreement (the “Agreement”) is entered into as of [Date], by and between the Parties defined above.
1. Appointment and Services
1.1 Appointment
Under the terms of this Agreement, [Your Company Name] ("the Design Firm") hereby engages [Manager's Full Name] ("the Manager") to provide management services for various interior design projects. These services are expected to be performed as mutually agreed upon specific assignments arise. The Design Firm grants the Manager the authority to act in its behalf in matters specified in the project contracts that may be executed from time to time.
1.2 Scope of Services
The Manager’s responsibilities under this Agreement include, but are not limited to, the comprehensive planning of interior design projects, which encompasses the coordination with subcontractors, procurement of necessary materials, and scheduling of all related tasks. Additionally, the Manager will oversee the entire execution process to ensure that projects are completed on schedule and within budget, adhering to the high standards expected by the Design Firm and its clients. The Manager will also handle any necessary adjustments or conflict resolutions that may arise during the course of a project.
1.3 Standard of Care
In performing these services, the Manager agrees to dedicate the required time, attention, and energy to manage effectively and ensure the successful completion of the projects under this Agreement. The Manager commits to act with fidelity and the utmost good faith in the best interest of the Design Firm throughout the duration of their appointment. This commitment extends to all dealings with third parties, in project-related interactions, and in upholding the professional standards of the industry.
2. Term and Termination
2.1 Effective Date
This Agreement is effective from [Start Date] and will remain in effect indefinitely until terminated by either party as provided within these terms.
2.2 Termination
Termination of this Agreement can be initiated by either the Design Firm or the Manager by providing at least 60 days' written notice to the other party. Grounds for termination prior to the completion of a project must include substantial reasons such as persistent non-performance, breach of contractual obligations, or any other significant issues adversely affecting the project's outcomes or the professional relationship. Documentation and detailed explanation should accompany any such termination to avoid misunderstandings and to facilitate a professional conclusion to the parties’ engagement.
3. Compensation and Payment
3.1 Rate of Compensation
Compensation for the Manager will be stipulated in the individual project contracts, which will detail the specific scope of work, budget considerations, and timelines. These contracts will serve as amendments to this Agreement and are designed to adapt to the varying nature of individual projects.
3.2 Invoicing and Payment
The Manager will issue invoices monthly for services rendered the previous month. The Design Firm is obliged to settle these invoices within 30 days of their receipt. Should there be any delay in payment, the Manager reserves the right to suspend further work until such payments are made. This clause is intended to ensure that the financial aspects of the agreement do not impede the operational effectiveness of the ongoing projects.
4. Confidentiality
4.1 Confidential Information
The Manager is entrusted with sensitive information concerning the Design Firm's business operations, client details, strategic plans, and other proprietary data. The Manager is obligated to safeguard this information and to use it solely for the purposes of fulfilling their contractual duties under this Agreement.
4.2 Duration of Confidentiality
This confidentiality obligation shall persist indefinitely, even after the termination of this Agreement, thereby preventing the Manager from disclosing any sensitive information unless such disclosure becomes necessary by law or the information enters the public domain through no fault of the Manager.
5. Non-Compete and Non-Solicitation
5.1 Non-Compete
For the duration of this Agreement and for one year following its termination, the Manager is prohibited from engaging in or supporting any business activities that compete with the Design Firm within a fifty-mile radius of the Design Firm’s primary location.
5.2 Non-Solicitation
The Manager is also restricted from soliciting or attempting to poach employees or clients of the Design Firm during the term of this Agreement and for two years thereafter, protecting the Design Firm's human and client resources from potential exploitation.
6. Dispute Resolution
6.1 Arbitration
In the event of disputes arising from or related to this Agreement, resolution will be sought through arbitration, following the rules set by the American Arbitration Association. This process will be conducted impartially with a mutually agreed-upon arbitrator.
6.2 Location and Costs
The arbitration process will occur in [City, State]. The prevailing party in the arbitration or any related legal proceedings will be entitled to recover reasonable costs and attorneys' fees, thereby ensuring that the resolution process is conducted in a fair and equitable manner.
7. Entire Agreement
7.1 Agreement Supremacy
This Agreement constitutes the entire agreement between [Your Company Name] (the "Design Firm") and [Manager's Full Name] (the "Manager") with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties. No other agreement, promise, or statement, unless it is in writing and signed by both parties, will be binding or have any force and effect.
7.2 Amendments
This Agreement may only be amended or modified by a written document duly executed by authorized representatives of both the Design Firm and the Manager. Such amendments or modifications shall be attached to and become part of this Agreement.
7.3 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included. The Parties agree to renegotiate in good faith any term held invalid, illegal, or unenforceable to preserve as nearly as lawfully possible the original intentions of the Parties as reflected in the original provision.
7.4 Acknowledgment
Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. Furthermore, each party represents that they have had ample opportunity to seek legal advice prior to entering into this Agreement and that they have either availed themselves of such legal advice or elected not to do so of their own volition.
In Witness Whereof, The Parties hereto have executed this Interior Design Management Agreement, affirming their understanding and acceptance of the terms as set forth above. This Agreement is effective as of the day and year first above written, evidencing the mutual intent and agreement of the Parties.
Signatures
[Manager's Full Name]
Signature:
Name: [Manager's Full Name]
Date: [Date]
[Your Company Name]
Signature:
Name:
Title:
Company Name: [Your Company Name]
Date: [Date]
