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Virtual Design Consultation Services Agreement

Preamble

This Virtual Design Consultation Services Agreement (the “Agreement”) is effective as of the date of booking via Acuity Scheduling between Big Pink Hat, LLC (the “Designer”) and the Client. The Designer and the Client are each a “Party” to this Agreement and are collectively the “Parties” to this Agreement. 

Purpose and Performance of Services

This Agreement represents a mutual understanding between the Parties for the Designer to provide the Virtual Design Consultation Services described in the paragraph that immediately follows. The Designer will provide Virtual Design Consultation Services pursuant to this Agreement.

Description of Services

The Client will receive an up to 45-minute virtual design consultation with the Designer via a video conferencing tool. The Designer will provide the Client with a brief summary email no later than one week after the virtual design consultation takes place. All Service scheduling or modification must take place within Acuity Scheduling or other scheduling platform provided by the Designer. 

Payment

The Designer will be paid at the rate of $175 per session. Payment is due from the Client at the time of booking via the Acuity Scheduling system. No work will be performed until the Client provides payment to the Designer.

No Cancellations and No Refunds

Once the Client has booked a Virtual Design Consultation via Acuity Scheduling, the Client may reschedule their Virtual Design Consultation but may not cancel and will not be refunded.

Term, Termination and Renewal of Agreement

The term of this Agreement shall commence effective as of the date of booking. This Agreement will terminate once the Designer provides the services as described above.

Use of Work Product by Designer as a Sample for Additional Clients

The Parties expressly agree that the Designer is able to make use of any Work Product that the Designer produces while performing Virtual Design Consultation Services pursuant to this Agreement as a sample of the Designer’s work to provide to additional clients.

Notice

Any notice, consent, or approval required or permitted under this Agreement, including modification or cancellation of service, shall be in writing and shall be deemed given when delivered: (1) via Acuity Scheduling; or (2) by email with confirmation of delivery. Email notice shall be provided to the Freelance Services Provider at imani@imaniathome.com and to the Client at the email address indicated at the time of booking.

Liability and Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct. 

Assignment

Neither Party may assign or transfer in any way its rights or obligations under this Agreement.

Dispute Resolution 

If a dispute arises under or relating to this Agreement, the Parties will try in good faith to settle it through mediation in the District of Columbia, conducted by an independent, third-party mediator mutually selected by both Parties. Any costs and fees other than attorney fees associated with the mediation shall be split equally amongst the Parties. Both Parties will fully cooperate in good faith with the mediator to achieve a satisfactory resolution to the dispute.

Applicable Law

This Agreement shall be interpreted and enforced in accordance with the laws of the District of Columbia (regardless of the choice of law principles in any other jurisdiction).

Severability

If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect.

Amendment

This Agreement may only be modified or amended if the amendment is made in writing and is signed by both Parties.

Headings

The headings in this Agreement are for reference and shall not affect interpretation of this Agreement.

Entire Agreement

This contract contains the entire Agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written.

Signature

The Client effectively signs this Agreement by checking the box next to “I have read and agree to the terms above” at the time of booking via Acuity Scheduling.