Louisiana design service contract template

Louisiana Design Service Contract

This Louisiana Design Service Contract (the “Agreement”) is made and entered into as of [Date], by and between:

• [Provider Name], a [Provider Legal Status, e.g., Louisiana limited liability company], with a principal place of business at [Provider Address], phone number [Provider Phone Number], and email address [Provider Email Address] (hereinafter referred to as “Provider”); and
• [Client Name], a [Client Legal Status, e.g., Louisiana corporation], with a principal place of business at [Client Address], phone number [Client Phone Number], and email address [Client Email Address] (hereinafter referred to as “Client”).

Provider is engaged in the business of providing design services and Client desires to retain Provider to provide certain design services.

1. Scope of Services

Provider agrees to perform the following design services for Client (the “Services”): [Detailed description of Services, e.g., graphic design for website, interior design for office space, architectural design for new building].

• Option A: Detailed Description: [Insert detailed description of service with deliverables, timelines and project milestones]
• Option B: Design Discipline: [Select design discipline, e.g., Graphic, Interior, Architectural, Industrial, Web, etc.]. Tasks include client consultation, concept development, drafts, revisions, final deliverables, and compliance with Louisiana state/local codes.

Provider will comply with all applicable Louisiana state and local building codes, permitting, or occupational licensing requirements, if applicable.

2. Client Responsibilities

Client agrees to provide the following to Provider in a timely manner:

• Option A: Input and Materials: All necessary input, existing materials (logos, brand guides, site plans, etc.), feedback, and site/equipment access needed for work.
• Option B: Response Deadlines: Client’s deadline to respond to Provider is [Number] days to avoid project delays.
• Option C: Project Location: Project is to take place at [Location].

3. Compensation

Client shall pay Provider for the Services as follows:

• Option A: Fixed Price: A fixed price of [Dollar Amount] for the entire project.
• Option B: Hourly Rate: An hourly rate of [Dollar Amount] per hour, with a total estimated cost of [Estimated Total Cost].
• Option C: Milestone Payments: Payments will be made according to the following milestones:
  • Milestone 1: [Milestone Description] - [Dollar Amount]
  • Milestone 2: [Milestone Description] - [Dollar Amount]
  • Milestone 3: [Milestone Description] - [Dollar Amount]

Payment is due [Number] days from the date of invoice. Late payments shall accrue interest at the rate of [Percentage] per month, compliant with Louisiana Civil Code.

4. Intellectual Property

The following intellectual property rights shall be owned as follows:

• Option A: Ownership by Client: All designs, drawings, digital files, drafts, and original works created by Provider under this Agreement shall be owned by Client as a work-for-hire, subject to Louisiana contract law.
• Option B: Provider's Rights: Provider retains the right to use the designs for portfolio and promotional purposes, with Client's prior written consent.
• Option C: Moral Rights: Client and Provider agree to waive all moral rights (droit moral), as permitted by Louisiana Revised Statutes.

5. Confidentiality

Both parties agree to keep confidential all proprietary information of the other party disclosed during the term of this Agreement.

• Option A: Duration: Confidentiality obligations shall survive termination of this Agreement.
• Option B: Data Privacy: Compliance with all applicable Louisiana laws regarding data privacy.

6. Quality Assurance and Warranty

Provider warrants that the Services will be performed in a professional and workmanlike manner, consistent with Louisiana design professional standards.

• Option A: Warranty Period: The warranty period for defects due to negligent performance is [Number] days from completion of the Services.
• Option B: Exclusions: Warranty does not cover defects caused by Client's use or alteration of the design.

7. Revisions and Additional Work

Client is entitled to [Number] revisions under this Agreement. Additional work outside the original scope will be billed at an hourly rate of [Dollar Amount].

8. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, as defined under Louisiana Civil Code, including but not limited to hurricanes, floods, or other acts of God.

9. Termination

This Agreement may be terminated as follows:

• Option A: Termination for Cause: Either party may terminate this Agreement for cause upon written notice of material breach.
• Option B: Termination without Cause: Client may terminate this agreement without cause with [Number] days written notice to provider.
• Option C: Consequences of Termination: Upon termination, Client shall pay Provider for all work performed up to the date of termination.

10. Liability and Indemnification

Provider's liability under this Agreement shall be limited to the amount of fees paid by Client to Provider. Provider agrees to indemnify and hold harmless Client from any third-party claims arising from Provider's negligent performance of the Services, subject to Louisiana public policy.

11. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• Option A: Negotiation: First, the parties shall attempt to resolve the dispute through good faith negotiation.
• Option B: Mediation/Arbitration: If negotiation fails, the parties shall submit the dispute to mediation/arbitration in [Parish Name], Louisiana.
• Option C: Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, and exclusive jurisdiction shall be in the state courts of Louisiana.

12. Compliance with Laws

Provider represents and warrants that it is in compliance with all applicable Louisiana licensure, registration, and professional conduct statutes, including but not limited to requirements from the Louisiana State Board of Architectural Examiners or Louisiana State Board of Interior Designers, if applicable.

13. Tax Treatment

Client is responsible for paying all applicable Louisiana state and local sales or use taxes on the Services.

14. Non-Circumvention and Non-Solicitation

During the term of this Agreement and for a period of [Number] years thereafter, Client shall not solicit or hire any of Provider's employees or subcontractors, subject to Louisiana law on enforceability of restrictive covenants.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

• Option A: Amendment: Any modification to this Agreement must be in writing and signed by both parties.
• Option B: Assignment: Neither party may assign this Agreement without the prior written consent of the other party.

16. Special Regulations

[Include any special state or local regulations, such as compliance with Americans with Disabilities Act (ADA) in design for public accommodations in Louisiana, or Home Improvement Consumer Protection Act for residential design projects, if applicable].

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

____________________________
[Provider Name]

By: [Provider Signature]

Title: [Provider Title]

____________________________
[Client Name]

By: [Client Signature]

Title: [Client Title]