Agreement between Client and Legacy Estate Homes

We understand there is often a reluctance to contract for consulting services because there is the fear that it is giving the consultant a  "blank check".    That is not the case here.

The agreement below is structured so the cost of each level of service is clearly defined.  No surprises.

Furthermore, for any work that can not be concretely defined - such as revisions or travel time -  the charges will be limited to your pre-determined maximum cost and will not be exceeded without your written authorization.

And finally, if you are not satisfied with the preliminary renderings, you may cancel the remainder of the agreement.

 



Agreement between Client and Legacy Estate Homes

Description of Work  -  Services Provided

Legacy Estate Homes agrees to perform for the Client the services the Client has selected from the Services for Property Owners and/or Services for Builders as described below.

All renderings and animations produced for the Client can be viewed by the Client through a private access link on the website www.LookAtYourHouseNow.com

Services provided in Florida are exempt from sales tax provided no tangible property (e.g., paper copies or CD) is provided to the Client.  Therefore, all renderings and animations will be transmitted via the Internet.

                                                                  PLEASE INITIAL WHICH OF THE FOLLOWING PHASES OF WORK ARE TO BE PERFORMED

Services for Builders

¨  ELEVATION VIEW - convert Client’s drawings into virtual reality rendering of one building elevation with landscaping and shadows.  (Discounts for renderings of additional elevations of the same structure (e.g., side and/or rear elevations) and for variations of materials used on the same elevation.)

 ¨  COLORED 2D FLOOR PLAN - convert Client’s drawings into full color floor plan which includes generic furniture placement, floor covering, bathroom and kitchen fixtures, landscaping, and pool.  (Discounts for renderings to illustrate variations in materials.)

Services for Property Owners

¨  PHASE 1 - Basic 3D Interior – convert Client’s drawing or sketch to 3D rendering which illustrate wall heights, room sizes, doors, and windows. Includes a minimum of three 3D renderings for each room.  

¨  PHASE 2 - Test Alternative Interior Arrangements – modify previously constructed 3D renderings to change arrangements and/or sizes of walls, windows, and doors.  Change room sizes, ceiling heights, add design features (e.g., niches, arches, vaulted ceilings.)

 ¨  PHASE 3 - Enhanced 3D  Interior – add Client’s choice of flooring, paint colors, baseboard trim, window trim, crown molding, curtains, furniture placement, interior lighting, bathroom fixtures, kitchen appliances and cupboards. 

 ¨  PHASE 4 – Basic 3D Exterior – complete structure with roof and exterior applied in Client’s choice of materials and color.  Includes 3D renderings of four views (front, sides and back) and animated “walk-around”.  

 ¨  PHASE 5 – Enhanced 3D Exterior – add Client’s choice of exterior trim such as window surrounds, corbels, banding, etc.  If photographs of the adjacent properties are available the 3D home can be “set in place” so you can “look out the window or sit on the porch”  and  “see” the neighborhood.

 ¨  PHASE 6 – Basic Landscaping – includes driveway, walkways, and patios and with Client’s choice of materials.  The areas for plantings defined.

 ¨  PHASE 7 – Enhanced Landscaping - plants, trees, and/or shrubs selected.  Includes renderings of the plants when first planted and as mature landscaping.

 ¨  PHASE 8 – Swimming Pool - includes pool and accessory features such as a hot tub, the pool deck and coping, ladder, slides,  Does not include the screen enclosure or pool mechanical equipment.

 ¨  PHASE 9 - ANIMATED “WALK-THROUGH” TOURS – recorded tour of space or room, typically 1 to 2 minutes in length, presents views looking up, down and around the room.  Note: an animated tour is included with Phase 4.

 ¨  OTHER – as described below

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

 

Compensation for  Services  

¨  Elevation Views $ _______________for the rendering of an elevation view of the  front of the structure

$___________ for each additional rendering of an elevation view (side or rear) of the same structure.

$__________ for each additional rendering, requested by the Client, of the same structure which illustrates variations in construction material and/or landscaping.

Upon delivery of the preliminary rendering(s) to the Client, Client may cancel the remainder of the services selected if the work is not satisfactory. 

Written notification of a cancellation shall be delivered to Legacy Estate Homes within 7 days of Client’s receipt of preliminary rendering(s).

Client is obligated to compensate Legacy Estate Homes for only the work performed.

 ¨  Colored 2D Floor Plan - $_______ based on a preliminary estimate of a total buildable space of approximately __________SF.  If the buildable space increases by more than 20% of this original estimate and/or additional areas are included in the work, the final billing will be adjusted accordingly.

 ¨  Phase 1 – Basic 3D Interior -  $_______ based on a preliminary estimate of a total buildable space or visualized space of approximately __________SF at the flat rate of $_______/SF. ($200 minimum)

If the scope of work is limited to visualized space, the fee for services is based on preparing renderings and animations for the following areas:

______________________________________________________________________________________

______________________________________________________________________________________

If the buildable space or visualized space increases by more than 20% of this original estimate and/or additional areas are included in the work, the final billing will be adjusted accordingly.

Upon delivery of the preliminary rendering(s) to the Client, Client may cancel the remainder of the services selected if the work is not satisfactory. 

Written notification of a cancellation shall be delivered to Legacy Estate Homes within 7 days of Client’s receipt of preliminary rendering(s).

Client is obligated to compensate Legacy Estate Homes for only the work performed.

¨  Phase 4 – Basic 3D Exterior, $_______ based on a preliminary estimate of a total space under roof of approximately __________SF at the flat rate of $_______/SF.  If the final space under roof increases by more than 20% of this original estimate and/or additional areas are included in the work, the final billing will be adjusted accordingly.

 ¨  Phase 8 – Swimming Pool - $_______ based on a preliminary estimate of a total area of approximately __________SF at the flat rate of $_______/SF.  If the final pool area increases by more than 20% of this original estimate and/or additional areas are included in the work, the final billing will be adjusted accordingly

¨  Phase 9 – Animated Tour(s) - $________ for tours of the following rooms or spaces: ______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

(note: exterior animated tours are included with Phases 4,5,6,and 7)

 ¨  Other Services per Fee Schedule:

·         Phase 2 – Test Alternative Interior Arrangements, Phase 3 – Enhanced 3D Interior, Phase 5 – Enhanced 3D Exterior, Phase 7 – Enhanced Landscaping will be billed at $55/hour. Each 3D rendering, either new or showing revisions is $25.

·         Meeting time and travel - Meeting and travel time at $55/hr.  NO CHARGE for meeting time if Client transmits requested changes by mail or email.  Travel expenses for meetings more than 50 miles from the office in Lake Placid, Florida will be billed at cost.  Mileage will be billed at the prevailing IRS rate.

Legacy Estate Homes agrees to limit hourly charges and expenses to no more than $ ____________unless written notice from the Client authorizes Legacy Estate Homes to exceed this amount.

 

Schedule of Payments

Initial retainer of 15% of the base fee is to be paid upon signing of this agreement. This will be refunded if Client delivers written notice to Legacy Estate Homes within 5 business days of signing this agreement

 For any Phase that has flat fee, that fee will be payable on completion with the exception that for services costing over $5000 progress payments shall be billed as follows

 ___________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

 As work progresses on the Phases that are billed hourly, invoices will be submitted to the Client on a monthly basis. Likewise, fees for meeting time, travel and expenses, if any, will be invoiced monthly.

 Payments for services will be due upon Client’s receipt of invoice   A service fee of 1.2 % per month (APR 14.4%) will be charged on any unpaid item 30 days past due. If there are any questions regarding an invoice please contact us within 15 days. Further services may be suspended if payment is not received within 20 days.

 

Definitions

Buildable space. This includes heated/air conditioned areas plus any garage, outbuilding, dock, porch, deck, pool and landscaped (non-sod) areas.

Deed restrictions.  Some locations have requirements, in addition to the local building codes, which govern the style, size, or location of structures on a lot.

Dimensioned drawings provided by the Client. In order to qualify for the reduced fee schedule, the drawings need to show wall lengths, thickness, and height, roof heights and pitch, the building’s front, rear and side elevations. It is not necessary to provide electrical, HVAC, plumbing, or structural drawings.

Multi-level structure.  A structure with more than one level or story. This also includes structures with features such as basements, walk-out lower levels, sunken terrace/patios, etc.

Visualized space.  If the client chooses to have rendering(s) prepared for only a portion of the structure (i.e., only one room) that room will be considered the visualized space.

Under roof.  For the purpose of Phase 4, this is the square footage of the footprint of the roof line. It does not include uncovered patios, driveways, pools, etc.

 

Correspondence  – Transmittals

Correspondence to Client shall be sent to:

Address:  _________________________          Email:  __________________

               _________________________

               __________________________

 

Correspondence to Legacy Estate Homes shall be sent to:

Address:           Joy G. Eberhardt                       Email:   jge@LookAtYourHouseNow.com  

                        716 Sunset Pointe Drive                                                                           

                        Lake Placid, FL  33852

                                   

___________________________________              _______________

Approved and Agreed by Client:                                                (date)

 

  ___________________________________                      _______________

Approved and Agreed by Client:                                                (date)   

  

 ___________________________________                      ________________

Approved and Agreed Legacy Estate Homes:                             (date)

          

                                               

If not executed by both parties within 7 calendar days, this Agreement shall become void or subject to renegotiation.

This agreement may be terminated at any time by either party, by giving written notice to the other party, should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.  Payment for work completed by Legacy Estate Homes as of the notification date, shall however be payable. 

 No other understandings, restrictions, warranties, or representations exist between parties other than those provided herein. 

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Legacy Estate Homes 

 

Client(s) acknowledges Legacy Estate Homes is not a licensed contractor, architect, structural engineer, landscape architect, or interior designer.

 Renderings provided by Legacy Estate Homes are not for construction.  

 Legacy Estate Homes does not warrant the renderings prepared under this agreement meet local building codes, deed restrictions or to be suitable for construction. 

Natural and artificial lighting effects are subject to many variables. Legacy Estate Homes does not warrant the shadows and/or lighting represented in the renderings are a true indication of the actual shadows and/or light that will be present in the building as constructed.  

Client understands the 3D renderings are not true stereoscopic views such as the kind that require the viewer to wear specialized glasses.

Client acknowledges the renderings provided by this agreement are intended only as a mean of communicating the Client’s intentions regarding the appearance of this structure.

 Client(s) agree to hold harmless Legacy Estate Homes and its employees from any lawsuit or legal proceeding arising from the use of the renderings or animations provided to the Client(s).

 Although the Client has the right to reproduce copies for personal use, Legacy Estate Homes reserves copyright and ownership of all renderings and animations produced under this agreement.

 Client(s) agree to allow Legacy EstateHomes future use of any and all renderings, photographs, and/or animations prepared in the course of this agreement for advertising in any media.

 

 

Client    ___________________               Date     _________________

 

  

Client    ___________________               Date     _________________