Arizona design service contract template

Arizona Design Service Contract

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

[Design Service Provider Full Legal Name], located at [Design Service Provider Address], hereinafter referred to as "Provider," and

[Client Full Legal Name], located at [Client Address], hereinafter referred to as "Client."

Scope of Services

Option A: The Provider agrees to provide the following design services to the Client: [Detailed description of the design services, e.g., logo design, website development, architectural plans, interior design].

Option B: The Provider agrees to provide the design services as detailed in Exhibit A, attached hereto and incorporated by reference. This includes but is not limited to [Specific examples of design tasks, e.g., graphic design, CAD drafting]

Option C: The Provider will provide design services including [List of services] with a focus on [Area of focus].

Deliverables

Option A: The deliverables for this project shall include: [List of deliverables with format (e.g., .jpg, .dwg), quantity, and acceptance criteria]. Number of revisions included: [Number] per deliverable.

Option B: Deliverables are as specified in Exhibit B. Acceptance is based on [Measurable standards, e.g., client sign-off, specific performance metrics]. Medium of Delivery: [Digital, Print etc.]

Option C: Deliverables will be considered complete based on the following milestone criteria: [List of criteria].

Project Timeline

Option A: The project timeline is as follows:

Phase 1: [Description of Phase 1], Completion Date: [Date]

Phase 2: [Description of Phase 2], Completion Date: [Date]

Final Delivery: [Date]

Option B: The detailed timeline is provided in Exhibit C. Any requests for timeline extensions must be submitted in writing [Number] days prior to the scheduled completion date.

Option C: The timeline is subject to change due to [Reasons for change]. Notice for extensions must be given [Number] days in advance.

Responsibilities of Parties

Option A: Provider's Responsibilities: [List of provider's responsibilities, e.g., timely completion of deliverables, adherence to design brief]. Client's Responsibilities: [List of client's responsibilities, e.g., providing necessary information, timely feedback, approvals].

Option B: Client agrees to provide a detailed design brief by [Date] and provide feedback within [Number] business days of deliverable submission.

Option C: The client is responsible for providing access to [List of access requirements].

Work Location

Option A: The work will be performed remotely.

Option B: The work will be performed at the Client's site located at: [Client Site Address].

Option C: The work will be performed at a third-party site located at: [Third-Party Site Address]. Travel policy: [Travel policy].

Fees and Payment

Option A: The total fee for the services is [Total Fee], payable as follows: [Payment Schedule, e.g., 50% upfront, 50% upon completion].

Option B: The Provider's hourly rate is [Hourly Rate]. Invoices will be submitted [Frequency, e.g., weekly, bi-weekly].

Option C: Milestone payments will be made as follows: [List of milestones and associated payments]. Accepted payment methods: [List of accepted payment methods]. Late payment interest: [Interest rate, not to exceed Arizona legal limits].

Taxes

Option A: Client is responsible for all applicable Arizona transaction privilege tax (TPT) and other taxes.

Option B: The Provider will include TPT in invoices as required by Arizona law.

Option C: The Provider will provide Client with necessary documentation for Client to remit TPT.

Change Orders

Option A: Any changes to the scope of services must be documented in a written change order signed by both parties.

Option B: Change orders will include a detailed description of the changes, the revised timeline, and any adjustments to the fees.

Option C: All change orders must be submitted [Number] days prior to the deadline.

Copyright and Intellectual Property

Option A: Upon full payment, all rights, title, and interest in and to the final design deliverables shall vest in the Client.

Option B: The Provider retains the right to use the design deliverables in its portfolio and for marketing purposes.

Option C: Preliminary drafts and conceptual work remain the property of the Provider. If the Client requests removal of the work, they can do so by [Conditions of removal].

Client-Provided Materials

Option A: Client warrants that it has all necessary rights to use and modify the client-provided materials.

Option B: Client shall indemnify and hold Provider harmless from any claims of infringement arising from the use of client-provided materials.

Option C: Provider is not responsible for checking the copyright validity of client provided materials.

Confidentiality

Option A: Both parties agree to hold each other's confidential information in strict confidence.

Option B: This obligation shall survive the termination of this Agreement. Confidential information includes [Examples of confidential information].

Option C: The obligations under this section apply to all information deemed protected by Arizona's Uniform Trade Secrets Act.

Privacy and Data Security

Option A: Provider shall implement reasonable measures to protect the privacy and security of any client data.

Option B: Provider will comply with all applicable Arizona data breach and consumer privacy regulations.

Option C: If there is a security breach, Provider will notify Client within [Number] hours.

Quality Assurance

Option A: Provider warrants that the design deliverables will meet industry standards and be free from defects.

Option B: Client shall have [Number] days to review the deliverables and request corrections or revisions.

Option C: Provider has liability for [Liability for errors].

Compliance with Laws

Option A: Provider shall comply with all applicable Arizona state statutes and local ordinances.

Option B: Provider shall maintain all necessary licenses and permits to perform the services.

Option C: If the designs include regulated features, they must be approved by the Arizona Board of Technical Registration.

Third-Party Contractors

Option A: Provider may subcontract certain services with the Client's prior written approval.

Option B: Provider shall be responsible for the acts and omissions of its subcontractors.

Option C: The client has the right to approve all subcontractors.

Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform due to force majeure events.

Option B: Force majeure events include [Examples of force majeure events, e.g., natural disasters, acts of God].

Option C: In case of a force majeure event, parties must notify each other within [Number] days.

Insurance

Option A: Provider shall maintain professional liability insurance and commercial general liability insurance with minimum coverage amounts of [Coverage Amounts].

Option B: Provider shall provide Client with proof of insurance upon request.

Option C: Worker's compensation insurance is required if on-site work is performed.

Termination

Option A: Either party may terminate this Agreement for breach of contract by providing written notice of [Number] days.

Option B: Client may terminate this Agreement for convenience by providing written notice of [Number] days.

Option C: Upon termination, Client shall pay Provider for all services performed up to the date of termination.

Remedies and Limitation of Liability

Option A: In the event of a breach of contract, the non-breaching party shall be entitled to seek damages.

Option B: Provider's liability shall be limited to the amount of fees paid by Client under this Agreement.

Option C: Consequential damages are waived.

Dispute Resolution

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

Option B: If negotiation fails, the parties shall submit to mediation in [City, Arizona].

Option C: If mediation fails, the parties may pursue litigation in the courts of [Maricopa County, Arizona]. This agreement shall be governed by the laws of the State of Arizona.

Arizona Statutory Disclosures

Option A: [Include any required Arizona statutory disclosure language, such as right to cancel for consumer clients, or references to Arizona-specific consumer protection laws].

Option B: [Specific Arizona disclosure requirements, e.g., residential design disclosure A.R.S. 32-144].

Option C: Client rights are outlined in [Citation to Arizona law].

Amendments

Option A: Any amendments to this Agreement must be in writing and signed by both parties.

Option B: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

Option C: If any part of this agreement is deemed to be unenforceable, the remaining parts stay intact.

Licensed Design Professions Disclosure

Option A: [If licensed design professions are involved, incorporate the required seal, signature, and licensure disclosure per Arizona Board of Technical Registration].

Option B: License number: [License number].

Option C: All stamped deliverables will be reviewed for quality.

Ownership and Disposition of Media

Option A: [Address ownership and disposition of physical and digital media, files, source documents, and unused concepts upon project completion or termination].

Option B: Source files will be provided to Client upon payment of [Payment amount].

Option C: Unused concepts remain the property of Provider.

Record Retention

Option A: [State record retention periods as may be required by the Arizona Registrar of Contractors, if construction-related design, or by contract best practice for other design disciplines].

Option B: Records will be kept for [Number] years.

Option C: Records will be kept in compliance with requirements from the Arizona Registrar of Contractors.

Tax and Legal Compliance

Option A: [Instruct regarding required insurance certificates, Arizona employer legal compliance, and federal and state tax form handling, such as Form W-9 for payments].

Option B: Insurance certificates are due [Date].

Option C: Provider ensures compliance with Arizona employment standards.

Anti-Discrimination and Accessibility

Option A: [Include anti-discrimination, diversity, or accessibility requirements if design relates to public accommodation, in line with Arizona and federal law].

Option B: All designs will be ADA compliant.

Option C: Designs shall comply with the Arizona Civil Rights Act.

Arizona Revised Statutes Reference

Option A: [Explicitly reference the Arizona Revised Statutes or local ordinance where state law has unique impact on contract term interpretation or enforcement].

Option B: See A.R.S. [Citation] for details.

Option C: Interpretations are based on Arizona case law.

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

[Design Service Provider Full Legal Name]

By: [Authorized Representative Signature]

[Printed Name]

[Title]

[Date]

[Client Full Legal Name]

By: [Authorized Representative Signature]

[Printed Name]

[Title]

[Date]