Alaska design service contract template

Alaska Design Service Contract

This Alaska Design Service Contract (the "Agreement") is made and entered into as of [Date] by and between:

* [Design Service Provider Name], a [State of Incorporation] [LLC/Corporation/etc.] with its principal place of business at [Design Service Provider Address] and Alaska Business License Number [Alaska Business License Number] (hereinafter referred to as "Provider"), and

* [Client Name], a [State of Incorporation] [LLC/Corporation/Individual/etc.] with its principal place of business at [Client Address] (hereinafter referred to as "Client").

1. Scope of Services

* Option A: The Provider agrees to provide the following design services to the Client: [Detailed description of design services, e.g., graphic design, architectural design, interior design, landscape design, branding, digital design. Be specific], as described in [Exhibit A - Scope of Work Document].

* Option B: The Provider shall perform services as requested by the Client on an ongoing basis, as outlined in individual Statements of Work (SOWs) agreed upon in writing by both parties. Each SOW will incorporate by reference the terms and conditions of this Agreement.

* Phases and Deliverables: [Comprehensive breakdown of phases (e.g., design concept, revisions, final delivery) and deliverables in specific, measurable terms].

2. Alaska Project Requirements

* Option A: The design services will comply with all applicable Alaska local building codes, environmental regulations, and zoning laws, including but not limited to: [List Specific Alaska Codes and Regulations, e.g., Title 21 Anchorage Land Use Code].

* Option B: The Client is responsible for obtaining all necessary permits. The Provider will assist in preparing necessary documentation.

3. Project Milestones & Sign-Offs

* Option A: The project shall proceed according to the following milestones:

* Milestone 1: [Milestone Description] - Completion Date: [Date] - Client Sign-Off Required: [Yes/No]

* Milestone 2: [Milestone Description] - Completion Date: [Date] - Client Sign-Off Required: [Yes/No]

* Option B: A detailed project schedule with milestones and required sign-offs is attached as [Exhibit B - Project Schedule]. Client shall provide feedback within [Number] days of each milestone submission.

4. Site Visits & Meetings

* Option A: Site visits are not anticipated for this project.

* Option B: The Provider will conduct [Number] site visits in Alaska. The Client will reimburse the Provider for reasonable travel expenses including airfare, lodging, and per diem at Alaska state rates.

* The Client is responsible for providing access to the site at [Address] on [Dates and Times].

5. Client Responsibilities

* Option A: The Client shall provide the Provider with the following materials and information by [Date]: [List of materials, data, or access required, e.g., property surveys, site plans, existing condition information].

* Option B: Client must provide timely approvals and feedback, responding to requests for information within [Number] business days.

6. Data Storage & Privacy

* Option A: The Provider will comply with the Alaska Personal Information Protection Act (AS 45.48) and will implement reasonable security measures to protect the Client's confidential data.

* Option B: All data will be stored on secure servers located in [Location] and will be retained for a period of [Number] years after the completion of the project.

7. Fees & Payment

* Option A: The Client shall pay the Provider a flat fee of [Amount] for the services described in this Agreement.

* Option B: The Provider's hourly rate is [Amount] per hour.

* Payment Schedule: [Detailed Payment Schedule, e.g., 50% upfront, 50% upon completion]. Accepted payment methods: [List Accepted Payment Methods, e.g., check, credit card, ACH transfer].

* All fees are exclusive of Alaska sales tax and any applicable municipal or excise taxes, which will be added to each invoice.

8. Costs & Expenses

* Option A: The Client is responsible for all costs associated with third-party materials, permits, and consultant fees.

* Option B: The Provider will obtain Client's written approval before incurring any expenses exceeding [Amount].

* Procurement practices will comply with Alaska law if the Client is a publicly funded entity.

9. Intellectual Property

* Option A: Upon final payment, all intellectual property rights, including copyright, in the deliverables shall transfer to the Client.

* Option B: The Provider retains the right to display the completed design in its portfolio for promotional purposes.

10. Confidentiality

* Option A: Both parties agree to hold confidential any information received from the other party during the course of this Agreement, in accordance with Alaska's Uniform Trade Secrets Act.

* Option B: This confidentiality obligation shall survive for a period of [Number] years after the termination of this Agreement.

11. Design Standards & Warranties

* Option A: The Provider warrants that the design services will be performed in a professional manner and will comply with all applicable design standards and professional licensing requirements (if applicable, e.g., architectural/engineering board licensing - AS 08.48).

* Option B: The Provider warrants that the design is original and does not infringe upon the intellectual property rights of any third party. If serving Alaska state agencies, Provider warrants compliance with applicable federal accessibility standards.

12. Revisions & Changes

* Option A: The Client is entitled to [Number] revisions to the design. Additional revisions will be billed at the Provider's hourly rate.

* Option B: All out-of-scope work must be documented in writing and approved by both parties prior to commencement. Additional fees may apply.

13. Acceptance Criteria

* Option A: The Client shall have [Number] days to review and approve the final deliverables.

* Option B: If the deliverables are rejected, the Client must provide specific reasons for the rejection in writing within [Number] days. The Provider will then have [Number] days to make necessary corrections.

14. Quality Assurance & Support

* Option A: The Provider will provide post-delivery support for a period of [Number] days.

* Option B: The Provider will correct any defects in the design that are reported within [Number] days of final acceptance.

15. Project Delays

* Option A: The Provider shall not be liable for delays caused by weather, natural disasters, or supply chain interruptions.

* Option B: In the event of a force majeure event, the parties will negotiate in good faith to amend the Agreement or suspend performance.

16. Termination

* Option A: Either party may terminate this Agreement for cause upon [Number] days written notice. Cause includes material breach, non-performance, or bankruptcy.

* Option B: The Client may terminate this Agreement for convenience upon [Number] days written notice. In the event of termination, the Client shall pay the Provider for all work completed up to the date of termination.

17. Limitation of Liability

* Option A: The Provider's liability for any damages arising out of this Agreement shall be limited to the amount of fees paid by the Client.

* Option B: The Provider shall not be liable for any consequential damages. Clarifications will be provided if Client is a public entity subject to legislative limits.

18. Dispute Resolution

* Option A: Any disputes arising out of this Agreement shall be resolved through negotiation.

* Option B: If negotiation fails, the parties agree to submit the dispute to mediation or arbitration within Alaska, per the Alaska Uniform Arbitration Act.

* Alaska law shall govern this Agreement and any legal proceedings shall be held in [State/Local] courts.

19. Amendments

* All amendments to this Agreement must be in writing and signed by both parties.

20. Representations & Warranties

* Both parties represent and warrant that they are duly authorized to enter into and perform this Agreement, and that all legal, tax, and regulatory compliance obligations under Alaska law are satisfied.

21. Statutory Notices

* Option A: [Insert Required Statutory Notices, such as Right to Cancel, if required].

22. Insurance

* The Provider shall maintain general liability, professional liability, and worker's compensation insurance coverage as required by Alaska statutes. Proof of insurance shall be provided upon request.

23. Effective Date & Duration

* This Agreement shall be effective as of [Date] and shall continue for a term of [Number] years.

* Procedures for extension or renewal: [Describe Procedures].

24. Compliance with Alaska Regulations

* The Provider shall comply with all applicable Alaska procurement, bonding, or subcontractor licensing regulations if the project is public or quasi-public.

25. Recordkeeping

* Both parties shall maintain records and documents in accordance with Alaska's applicable statutes for business and professional records.

26. Independent Contractor

* The Provider is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship as defined by Alaska employment law.

27. Governing Language & Severability

* The governing language of this Agreement is English. If any provision of this Agreement is held to be unenforceable under Alaska law, the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Design Service Provider Name]

By: [Name]

Title: [Title]

[Client Name]

By: [Name]

Title: [Title]