Oasis Design Agreement for Professional Services

Note: The consulting calender is very tight; see Consulting.

Summary: This is the standard agreement, rates and terms for Oasis Design consulting work.

Please print a copy of this agreement, sign it and mail it with your initial payment and background info.

Fees

Consulting fees are $100.00/ hr Design/supervision/meetings/off-site preparation and follow-up, $50.00/ hr for travel hours.

There is a $300 minimum charge per job.

The minimum initial payment to begin work is $300 (if you're in a rush, a larger initial payment may speed work flow. It will not be spent without authorization as described below). This payment serves as authorization to proceed in accordance with the terms described in this schedule or other written agreement.

Billing will be on a time and expenses basis. Any estimates are approximate and non binding. Any additions to the scope of projects are to be approved before commencing extra work or adjusting the fee.

To minimize risk, a comfortable "meter tick" will be agreed upon. The default "meter ticks" are at $300, $600, $1000, then each $1000 there after. The first few increments are set small, so there is not much at stake as we begin to learn each other's style. This is a very efficient way to see if it is going to work out; I can just start working, and if it is a good fit and you are happy with the value received, we'll continue. The meter ticks should be set large enough that I can finish a work phase without having to stop to receive permission to continue, but small enough to be comfortable. If you would like a different meter tick, write it in here:___________________________________________________

Unless requested otherwise, consultations will be followed up by a written report with recommendations, sketches, etc. This follow up typically takes roughly half of the total hours and is often when important design issues are resolved. Note: text and graphics are "draft" quality by default. Higher quality text and drawings take dramatically more time; please indicate if this something you want.

Reimbursable expenses

Reimbursable Expenses are in addition to the fees above and include the following:

Long distance phone, fax, postage, shipping
Reproduction costs, photography, blueprint, reprographics, etc.
Transportation and living expenses while traveling in connection with the project, if applicable.

This project includes travel (circle one) Yes / No

Overtime/rush

Expense for overtime work or rush services requiring higher than regular rates will be charged only when authorized by the owner in advance.

Payment terms

Statements are issued monthly and/ or at agreed upon "meter tick" increments above.

Each statement is due on presentation. Past due amounts will be charged interest at 1.5% per month. Work may be suspended on the project pending resolution of late payments. In the event of failure to pay, Oasis may seek to collect the balance due plus 1.5% per month interest and any collection expenses incurred.

(One goal and advantage of the "meter tick" arrangement is to never owe or be owed more than one "meter tick" worth of money; this tends to reduce opportunity for misunderstanding. For intensive projects which result in many "meter ticks" being attained in rapid succession, experience has shown that the smoothest work flow is achieved by a the client paying ahead with each check, and Oasis working ahead between checks. This way instead of building up a huge bill, we alternate between owing and being owed about one meter tick worth).

Ownership of designs

Clients are purchasing one-time individual use rights to the design for their specified personal use. The consultant may reuse all or part of the design, including photographs, for any other purpose, including design of another project, print or electronic publication. Agreement to these terms constitutes agreement for the publication of any resulting design(s). Identification of the client or project by name or address must be with the clients' permission given below, or in a separate agreement. Initial here if it is OK to use the:

Project name__________Owner's name_________Address______Contact info_______ in print or electronic publications. Client privacy is important to us; if no items are initialed above, any published description of the design will be crafted to protect the client's privacy.

Limitation of liability

The client agrees to limit consultant's liability to the client and/or other contractors/subcontractors on the project to the total fee for services rendered or $10,000, whichever is less.

Dispute resolution

If any dispute arises under the terms of this agreement, the parties agree to select a mutually agreeable neutral third party mediator/ arbitrator to assist them in mediating it.
Any mediation undertaken will be conducted for a maximum of four hours or as determined mutually by the parties at the time. If the parties have failed to resolve the matter after the allotted mediation time allowance, the mediator shall become the arbitrator and, after a short break as mutually agreed to or as determined by the arbitrator, the parties shall commence a one hour arbitration hearing if the parties and the mediator all reside within two hours drive of each other, otherwise, mediation/ arbitration will be by a "documents only" submission through e mail. The fee for the mediation and/or arbitration will be split equally by the parties and paid before the award is issued. In the event the arbitration is by hearing, the arbitrator will present his or her award verbally and immediately at the hearing and the parties will comply with the award immediately and at the hearing. If by e mail, the arbitrator will present his or her award by e mail and the parties will comply as directed by the arbitrator. The decision of the arbitrator shall be final (this avoids the possible expense and hassle of going to court).

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Client's printed name

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Signature

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Date