Effective Date: Upon signature below.
Between: Enso Homes LLC ("Enso") and Alex Johnson ("Client") for the property at 4200 Westlake Drive, Austin, TX 78746.
1. Services. Enso will deliver a design plan for the Project consisting of: (a) an initial scope and budget proposal, (b) three design calls during which floor plans, renderings, scope, and budget are iteratively refined, and (c) a final delivery session at which the construction contract is presented for review and signature.
2. Design Plan Fee. Client agrees to pay the design plan deposit set forth at checkout, comprised of (i) the design plan fee for the spaces selected, and (ii) the permitting fee corresponding to the project's permitting tier. The full design plan deposit credits toward the Client's construction cost should the parties enter into a construction contract.
3. Deliverables. Enso will provide (a) Miro boards with floor plans and renderings updated before each design call, (b) a written scope of work, (c) a fully-itemized budget within an estimated range, (d) one in-person selections visit with the designer at a location of the Client's choosing within a 60-minute drive of downtown Austin, and (e) a draft construction contract delivered at the final delivery session.
4. Schedule. Design calls are scheduled approximately one week apart. The Client may opt for an accelerated cadence with a minimum of three business days between calls, subject to designer availability and deliverable readiness. The Client may purchase additional design calls at $500 each for further iteration.
5. Cancellation and Refund. The design plan deposit (excluding the permitting fee, which is paid to outside vendors) is refundable, prorated for work performed, if the Client cancels prior to Design Call 2. After Design Call 2, the deposit is non-refundable. Enso may terminate the engagement if the Project is determined to be outside Enso's typical project size ($50,000 minimum construction value), in which case the full deposit is refunded.
6. Intellectual Property. Floor plans, renderings, and design materials produced under this Agreement remain the property of Enso unless the parties enter into a construction contract, at which point the materials transfer to the Client for use on the Project.
7. Limitation of Liability. Enso's liability under this Agreement is limited to the design plan deposit amount paid by the Client. Enso warrants the design services will be performed in a workmanlike manner consistent with industry standards.
8. Governing Law. This Agreement is governed by the laws of the State of Texas. Any dispute will be resolved first by good-faith mediation, and if mediation fails, by binding arbitration in Travis County, Texas.
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