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 of CD) is provided to the Client. Therefore, all renderings and animations will be provided via the Internet.

 

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 and lengths, 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.

 ¨         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.

 ¨         MODIFY EXISTING Structure, Furniture and/or Landscaping – test alternate materials, paint colors, fabrics, and/or flooring for existing buildings, rooms, or furniture. Can also show revised landscaping. Note:  If photographs are used in the preparation of the renderings they will not be in true 3D and the animated tour may not be possible.

 

Compensation for  Services  

 Client agrees to pay Legacy Estate Homes for the services selected in accordance with the fee schedule included in this agreement and further defined as follows:

 ¨         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 at the flat rate of $_______/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.

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

¨         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, and Modify Existing Structure, Furniture or Landscaping will be billed at $45/hour.  Each 3D rendering, either new or showing revisions is $25.

·         Animated “walk-through” tours are $100 for each room or space, unless included elsewhere.  

¨         Meeting time and travel - Meeting and travel time at $45/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

Upon completion of each Phase that has flat fee, that fee will be payable. As work progresses on the Phases that are billed hourly, invoices will be submitted to the Client on a monthly basis. Fees for meeting time, travel and expenses, if any, will be invoiced monthly.

For accounts over $5000, progress payments shall be billed as follows:

_____________________________________________________________________________________________________________________________________________________

 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)

            (J. G. Eberhardt)

                                               

If not executed by both parties within 7 calendar days of the first signature above, 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. 

 

Fee   Schedule

The following are estimated fees based on the details associated with custom homes. (e.g., tray ceilings, arches, custom windows, irregular floor plan, balcony, numerous baths, etc)

The costs for simpler structures will be significantly less.  Please ask for a specialized quotation.

ELEVATION VIEW – 3D Virtual Reality Rendering

Convert drawing or sketch to a 3D rendering of one elevation. Includes landscaping and shadows.

Does not include an animated 3D “walk- around” tour.  See Phase 4

 

 

$250  up to 2000 SF under roof

$400 up to 4000 SF

$500 up to 6000 SF

$600 up to 10,000 SF

50 % discounts for renderings of other elevations of the same structure

$100 for each additional rendering illustrating variation of materials on the original elevation.

If Client has only sketches, please add 25%

For sloped lots please add 10%

For multi-level structures please add 10%

COLORED  2D FLOOR PLAN

Full color floor plan  includes generic furniture placement, floor covering, bathroom and kitchen fixtures, and landscaping.

Does not include and animated 3D “walk- around” tour.

 

$250  up to 2000 SF under roof

$400 up to 4000 SF

$500 up to 6000 SF

$600 up to 10,000 SF

50% discount for each additional rendering illustrating variations of materials.

 

If Client has only sketches, please add 25%

PHASE 1

Basic 3D Interior - convert drawing or sketch to 3D rendering which illustrates wall heights and lengths, room sizes, doors and windows.

Cost is based on visualized  space so Client may choose to do only one room or the complete structure

Includes a minimum of 3 (three) 3D renderings for each room or visualized space

 

$  0.70 /SF to 2000 SF visualized space (min $200 )

$  0.80 /SF   to 4000 SF

$  0.90 /SF   to 6000 SF

Over 6,000 SF – costs to be determined based on the complexity of the structure

 

 

If Client has only sketches, please add 25%

For multi-level structures please add 10%

PHASE 2

Test Alternative Interior Arrangements – modify previously constructed 3D renderings to change the arrangements and/or sizes of walls, windows, and doors.  Change room sizes, ceiling heights, add design features such as niches, arches, vaulted or tray ceilings.

 

Cost to modify design per Client’s direction will be billed at $45/hour.

Each 3D rendering, either new or showing revisions, is $25.

Client may set a cost limit whereby written authorization from the Client is required before Legacy Estate Homes may bill the Client for time/expenses above the agreed upon amount.

To aid Client in budgeting for this phase, services will be billed monthly.

PHASE 3

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

 

 

Same as Phase 2

 

PHASE 4

Basic 3D Exterior - Roof and exterior building materials applied in Client’s choice of materials and color.

Includes 3D rendering of front, sides, and back of the structure.

Includes animated “walk-around” tour of the exterior.

 

$  0.50 /SF   to 2000 SF under roof

$  0.55 /SF   to 4000 SF

$  0.60 /SF   to 6000 SF

$  0.80 /SF   to 10,000 SF

If Client has only sketches, please add 25%

For sloped lots please add 10%

For multi-level structures please add 10%

 

CREDIT applied for any elevation views previously provided.

PHASE 5

Enhanced  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.

 

  

Same as Phase 2

 

NO CHARGE for an updated animated “walk-around” tour showing enhanced exterior.

PHASE 6

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

 

NO CHARGE

after Client’s acceptance of Phase 4 renderings.

PHASE 7

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

 

Same as Phase 2

NO CHARGE for an updated animated “walk-around” tour showing enhanced 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.

 

 

Same as Phase 1 for preliminary design SF area and Phase 2 for revisions.

ANIMATED TOURS – pre-recorded “walk-through” tours allowing the viewer to look up, down and around the space, typically 1 to 2 minutes for each room or area,  

Note: exterior tours are included with Phases 4, 5, 6, and 7

 

$100 per room toured

$50 for a subsequent tour of the same room if the Client wishes to see the effect of revisions

MODIFY  EXISTING  - Structure ,  Furniture, or Landscaping

Test alternate materials, paint colors, fabrics, and/or flooring for existing buildings, rooms, or furniture. Can also show revised landscaping.

NOTE: If photographs are used in the preparation of the renderings, they will not be in true 3D and the animated tour may not be possible.

 

 

 

 

Same as Phase 2

         

 Rev March 5, 2011


 

Legacy Estate Homes                             

 

Text Box:  
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 to professionals. 
 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 Estate Homes 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     _________________