All Services of Art Form Architecture, LLC or any affiliate thereof (collectively, the “Company”) are subject to these Standard Terms and Conditions (“Terms”), which may be modified from time to time by Company without notice.  Please see www.artformarchitecture.com for the most current and complete Terms.

1. The use of (i) any drawing, Design Drawings (defined herein), Construction Drawings (defined herein), or any and all other visual design representations (collectively, the “Plans”) produced by Company or (ii) the provision of any services by Company (together with the Plans, the “Services”), whether pursuant to a Customer Agreement, a Builder Agreement, a Company invoice, or otherwise (each a “Customer Contract”), shall be subject to these Terms.  These Terms, along with any Customer Contract, any documents attached to the Customer Contact, and all price estimates or fee schedules (either submitted to the Customer or posted to Company’s website) embody the entire agreement between the Company and the party named in the Customer Contract (the “Agreement”). Accordingly, any promises, representations or understandings not expressed in the Agreement shall be of no force or effect.  No variation of, or addition to, the Agreement shall be effective against Company unless expressly accepted or confirmed in writing of subsequent date and signed by a duly authorized employee of Company.  In the event a conflict arises between the Customer Contract and these Terms, these Terms control.
2. The following terms are defined:

Design Drawings: The drawings Company provides to Customer for the limited purpose of completing feasibility diligence.  Design Drawings are not suitable for use when building a structure.

Construction Drawings:  The drawing suitable for a professional builder to use when building a structure.

License to Build: The single, limited license Company grants to Customer to have the design depicted in the Construction Drawings constructed one time by a professional builder pursuant to Section 7 of these Terms.  The license is further limited to the location identified in the Construction Drawings.  Customer, and anyone affiliated with Customer (e.g. builder), must first obtain a License to Build before using any Plans to build a structure.  The License to Build is granted upon Customer’s payment of all fees then due Company and Company’s delivery of Construction Drawings to Customer.

3. Prices for Services are set forth on Company’s website or provided to Customer in a written estimate. Company reserves the right to send written estimates by email.  Prices on Company’s website are subject to change without notice.  Company reserves the right to change prices and terms on its website at any time prior to accepting Customer’s payment for Services.  Written estimates are subject to change or cancellation if they are not accepted after 30 days.
4. Customer shall pay Company by cash, check, or major credit card at the time Services are ordered.  With the exception of Company’s standard ACH linked via the invoice, all fees Company incurs for accepting electronic transfers (e.g., Venmo, Zelle, wire) or credit card payments shall be paid by Customer.  Customer shall be assessed a $50 processing fee for each instance of a bounced check or declined payment.    Customer acknowledges that electronic transfers and credit card payments to Company are processed by third parties and Company is not liable for the acts or omissions of such third parties with regard to Customer’s information.
5. Acceptance of Customer Invoice.  Customer shall be deemed to have accepted any invoice issued by Company upon the earlier of (i) two (2) weeks after the invoice is issued, or (ii) Customer’s payment of the invoice. When invoices are paid from Customer’s credit balance, the invoice issued by Company shall be deemed to have been accepted by Customer upon the earlier of (x) two (2) weeks after the invoice is issued, or (y) receipt by Company of a written acknowledgement from Customer accepting the customer invoice.
6. Acceptance of Construction Drawings. Construction Drawings delivered by Company to Customer shall be deemed to have been accepted by Customer upon the earlier of (i) two (2) weeks following the delivery of the Construction Drawings to Customer, or (ii) the start of construction. By commencing construction, Customer acknowledges that it has reviewed the Construction Drawings and that Company’s Services have fully satisfied all terms, conditions, and specifications.
7. Professional Builder. Any and all construction using Company’s Plans shall be performed by a professional builder overseeing the entire project. In the event Company’s Plans are used without the oversight of a professional builder, Customer agrees to indemnify, defend and hold Company, its affiliates, and their respective employees, officers and directors harmless from and against any and all claims, damages, costs, expenses and other liabilities (including attorney’s fees and other costs of investigation and defense) caused by or arising out of such construction. Customer agrees Company is not liable for any errors, omissions, or defects in the construction of Plans not overseen by a professional builder.
8. Code. Company’s issued Construction Drawings for one and two family dwellings shall meet the size requirements under the International Residential Code (“IRC” or “Code”) then in effect in the state identified in the License to Build for the following:

Room Sizes:  Habitable Rooms, as defined by the Code, shall comply with code requirements for dimensions, living area, and ceiling height.  Some Plans include spaces, such as “computer nooks,” that do not meet the minimum square footage requirements to be habitable rooms. Customer must determine permissibility of such spaces with local code official.

Plumbing Fixtures: Plumbing fixtures shall have the required ceiling height at the required footprint as specified in the Code.

Hallways: Hallways leading to habitable rooms shall be a minimum of 36″ wide.

Doors: All dwellings (houses and apartments) shall have at least one 36″ x 80″ hinged door leading directly to the exterior, or Code compliant Exit Access.

Stairs:  Stairs shall be a minimum of 36″ wide measured from wall surface to wall surface, allowing compliance with installation of correct handrails, and designed for maximum 7 ¾” rise and minimum 10” tread, as measured nose to nose.  Stairs shall have minimum 80″ headroom measured at the nose of each tread.  The issued Construction Drawings shall show required 36″ clear floor area at top and bottom, with the allowed exception of doors at tops of stairs, swinging away from the stairs (such as at basement stairs).

Emergency Escape:  Sleeping Rooms, as defined by the Code, shall have at least one door or window shown that meets emergency escape size requirements in a typical brand. Each basement shall have a means of Emergency Escape, which can be a compliant bulkhead, walk-out door or window with window well.

Structural: Company may design to either prescriptive code (meaning the spans are in the License to Build State’s IRC version), or size structural members by commonly accepted structural principles. Unless noted otherwise in the “Structural Notes” section of the issued Construction Drawings, Company designs for a baseline of 50 psf ground snow load, 100 mph wind, and 1500 psf soil bearing capacity. Where the issued Construction Drawings show engineered members (“LVL”s or wood I-joists), Company may use the manufacturer’s published data for its calculations.  Where roof framing is indicated as trusses, design of trusses is to be done by truss manufacturer.

State Overrides: Where permitted by the applicable State Code, Customer may request Company prepare the Construction Drawings using requirements less stringent than those described above.  Customer waives Company’s compliance with the more stringent standards if Customer makes such a request.

Other Code Requirements:  At its sole discretion, Company may show Code requirements on the Plans other than those identified above, including without limitation those that relate to building planning or the structure of the particular design. Inclusion in the Plans of other Code requirements shall not constitute a requirement that Company show all Code requirements. Customer may not require Company to remove Code requirements shown on the Plans.

Commercial buildings and multifamily (3 family or more):  The issued Drawings shall meet the requirements of the International Building Code in effect for the state identified in the License to Build, for the elements within Company’s Scope of Work.

9. Amendments. If the issued Construction Drawings fail to meet the Code as required in Section 8, then the Company will amend the Plans to meet the requirements of the Code. Any such amendment shall be made at the sole cost of Company. Any amendments to issued Construction Drawings beyond what is necessary to satisfy the requirements of the Code shall be at the expense of Customer.
10. State and Local Law. Some Plans may require changes to comply with varying state and local law or ordinance requirements. Provided that the Plans are in compliance with the Code, Company shall not be responsible or liable for the use of its Plans in any manner that violates state and local law or ordinances. Company does not warrant that the Plans meet state and local law or ordinances without additions or modifications to the Plans. By entering into the Agreement, Customer hereby acknowledges and understands that the Plans as originally constituted may not be used in every state, and that it is the responsibility of the Customer to determine whether the Plans can be used in the State in which Customer plans to build.
11. Structural Considerations. Customer’s use of the Plans may require additional structural design as a result of: (i) state laws dictating specific methods for structural calculations; (ii) differing climate considerations; (iii) local requirements for seismic (earthquake) or wind design; and (iv) varying soil conditions. Customer shall be responsible for determining whether state or local laws, or local conditions require additional structural design. If either state or local laws or local conditions related to snow load or wind speeds require additional structural design, then Customer shall inform Company of such requirements, and Company shall amend the Plans to adhere to such requirements.  Any such adaptation for snow load or wind speeds may only be performed by Company, and, unless agreed upon in writing by the parties hereto, shall require an additional fee to be paid to Company. If either state or local laws or local conditions other than those related to snow load or wind speed (including but not limited to soil bearing, seismic zone, etc.) require additional structural design, then Customer shall be required to obtain such design from an engineer licensed to practice in the state in which the Plans will be used, and such design shall be submitted to Company for approval prior to any build.
12. Design Changes/Design Review. Once delivered to Customer, Plans shall not be modified without prior written approval of Company. Where design review will be performed by an outside authority, including but not limited to a community, town, city or state review board, Company reserves the right to attend design review meetings or presentations as a paid hourly service. Design changes made in the field, including structural, are prohibited.
13. Exclusions. Unless otherwise agreed in writing signed by Company, the following shall not be provided by Company as part of the Services, and shall remain the sole responsibility of Customer: (i) estimates for cost of construction or conformance to budget; (ii) thermal and moisture selections, strategies, and details; (iii) conformance of Plans to building lot size, zoning and septic restrictions, or restrictions imposed by deed, developer, home owner association, historic district, conservation district, or other governing body whether public or private; (iv) selection of building materials other than sizes of framing members; (v) electrical design or layout; (vi) mechanical services or design; (vii) adaptation of Plans based on differing soil conditions; and (viii) detailed interior design.
14. Return of Plans. Unless otherwise agreed to in writing by Company and Customer, Company shall not accept returns or offer exchanges on any of Plans or Services.
15. Copyright. ALL PLANS, IMAGES AND CONTENT PROVIDED TO CUSTOMER BY COMPANY, INCLUDING ANY INPUT FROM CUSTOMER INCORPORATED THEREIN (SUCH AS IDEAS, SPECIFICATIONS, DRAWINGS, OR SKETCHES CUSTOMER PROVIDES) BELONG TO COMPANY AND ARE PROTECTED UNDER COPYRIGHT LAW. THE USE OF ANY PLANS, IMAGES, DESIGNS OR OTHER CONTENT BELONGING TO THE COMPANY, IN WHOLE OR PART, FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, REPRODUCTION, STORAGE, MANIPULATION, DIGITAL OR OTHERWISE, IS EXPRESSLY PROHIBITED WITHOUT THE WRITTEN PERMISSION OF COMPANY. CUSTOMER HEREBY AGREES THAT COMPANY HOLDS THE EXCLUSIVE RIGHT TO COPY THE PLANS AND CREATE DERIVATIVE WORKS AND AT NO TIME SHALL CUSTOMER COPY OR ALTER ANY OF THE PLANS WITHOUT COMPANY’S WRITTEN PERMISSION. CUSTOMER HEREBY AGREES THAT AT NO TIME SHALL IT RENAME PLANS OR REMOVE THE WATERMARKS THEREFROM.
16. Use of Plans and Services: When Company issues a License to Build, Customer is granted a one-time right to use the Construction Drawings to build the design at the location specified in the Construction Drawings.  The License to Build is not transferable.  Customer does not have the right to build the design multiple times or at other locations. Modification of the Plans is prohibited without express written approval of Company and modification of Plan names is prohibited under all circumstances. Customer acknowledges that the use of Company’s Plans or Services in violation of these Terms or the Customer Contract shall constitute a breach of contract for which damages are difficult to ascertain.  Customer therefore agrees as fair compensation for such breach, and not as a penalty, Customer shall pay the liquidated sum of $5,000 or $1.50 per gross square foot of the structure reflected in the Plans, whichever amount is greater, for each instance in which Customer uses the Plans or Services in violation of the Terms or the Customer Contract.  The remedies set forth in this Section 16 are in addition to the remedies available to the Company under state and federal law, including but not limited to copyright law.
17. Errors and Omissions. Company shall not be responsible for typographical errors or the graphical equivalent thereof on its website, Plans or any other documents related to its Services. Company shall not be responsible for errors or omissions in its Plans or Services that result from relying on information in site plans furnished to Company by Customer or its site engineer, or zoning information even if Company assists Customer in gathering and interpreting such zoning information.
18. WARRANTY. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES PROVIDED UNDER THE AGREEMENT. COMPANY DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE A WARRANTY ON COMPANY’S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF COMPANY. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.
19. LIMITATION ON LIABILITY. THE ENTIRE LIABILITY OF COMPANY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AND SHAREHOLDERS) AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY OF THE SERVICES PROVIDED TO CUSTOMER HEREUNDER OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE AS FOLLOWS: (I) FOR TANGIBLE PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY COMPANY’S GROSSLY NEGLIGENT ACTS OR OMISSIONS, OR FOR ANY DAMAGES ARISING FROM THE WILLFUL AND INTENTIONAL MISCONDUCT OF COMPANY, THE AMOUNT OF PROVEN DIRECT DAMAGES; AND (II) FOR ALL OTHER CLAIMS NOT COVERED BY THE FOREGOING SUBSECTION, THE AMOUNT OF PROVEN DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE CHARGE APPLICABLE UNDER THE AGREEMENT FOR THE PERIOD DURING WHICH SERVICES WERE PROVIDED. IN NO EVENT SHALL THE CUMULATIVE LIABLITY OF COMPANY EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO COMPANY UNDER THE AGREEMENT FOR THE INDIVIDUAL BUILDING. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.
20. Indemnification and Defense. Customer agrees to indemnify, defend, and hold harmless Company and its employees, officers, directors, and shareholders, from and against any and all claims, damages, judgments, costs, expenses and other liabilities (including attorneys’ fees and other costs of investigation and defense) caused by or arising out of the acts or omissions of Customer or its agents, or information furnished to Company by Customer or its agents, including but not limited to material subject to the copyrights (or other intellectual property rights) of third parties.
21. No Assignment. Customer may not assign or transfer the Agreement or any rights or obligations hereunder without the prior written consent of Company.
22. Compliance with the Laws. Customer shall comply with all applicable laws and regulations regarding the use of the Plans or Services. Failure to do so shall constitute a material breach of the Agreement.
23. Interpretation. The Agreement constitutes the sole and entire agreement between Customer and Company with regard to the subject matter hereof. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of the Agreement. Acceptance of, or acquiescence in, a course of performance rendered under the Agreement or any prior agreement shall not be relevant or admissible to determine the meaning of the Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. No representations, understandings, or agreements have been made or have been relied upon in the making of the Agreement other than those specifically set forth herein.
24. Waiver. No term or provision of the Agreement shall be waived, and no breach or default excused, unless such waiver or consent is in writing, of subsequent date hereto, and signed by the party to which it is attributed. No consent by a party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.