These Terms and Conditions outline the contractual agreement between RARA Designz LLC, hereby referred to as the “Firm” or “Design Firm” and the client or homeowner, hereby referred to as the “Client” or “Owner” or “Homeowner”.

Definitions

For the purposes of these Terms and Conditions:

• Client / Owner / Homeowner: Person or entity commissioning the Project.
• Contract: The signed agreement for design services.
• Contractor: The person or company performing construction.
• Designer: Employees of the Design Firm.
• Designer’s Consultants: Experts hired by the Firm (e.g., structural, MEP, or other specialists).
• Fees: Payments made by the Owner for the Services.
• Firm / Design Firm: RARA Designz LLC.
• Instruments of Service: All drawings, models, sketches, and digital files prepared by the Design Firm, which remain the property of the Firm.
• Owner’s Consultants: Contractors or experts hired by the Owner.
• Project: The work described in the SOW.
• SOW (Scope of Work): Tasks, deliverables, and services included in the Contract.
• Service: Design process, drawings, and other instruments of service.

General Terms

• The Designer provides design-related services as described in the SOW. This does not include contractor services, 3rd-party consultants hired by the Owner, or government approvals.
• The Designer will make reasonable professional efforts to deliver work on schedule. Timing depends on project complexity, Owner feedback, and regulatory approvals.
• The Owner is responsible for securing HOA approvals or other permits; work beyond standard design services will be billed separately.
• Site visits for measurements are for design purposes only and do not guarantee discovery of hidden conditions.
• High-level project cost estimates are provided at no extra charge. Detailed estimates require a separate estimation expert can be provided at an additional cost.
• If Designer’s Consultants or additional site visits are needed but not included in the Contract, the Owner may hire them separately or request the Firm to arrange them at an additional cost.

Scope and Responsibilities

Design Services

• The Firm’s involvement is limited to the design phase and ends after permit approval. Any work after permit approval—such as site visits, review of changes due to site conditions, or other support—will be billed at the stated hourly rate. (Exception: RFIs from Contractors are included in base fees.)
• The Designer will use reasonable professional skill and care to conform designs to applicable codes. Known gaps at the time of drawings creation will be remediated at no extra charge.
• The Designer will provide timely updates and promptly notify the Owner of any concerns regarding the Project.

Owner Responsibilities

• The Owner is responsible for all existing conditions, remediation, and obtaining necessary surveys (e.g., site, soil, septic).
• The Owner is responsible for the work of their Contractor and any other consultants. The Design Firm is not liable for construction means, methods, safety, or deviations from plans directed by the Owner or Owner’s Consultants.

Site Conditions

• The Contractor must verify all site dimensions and conditions before starting work.
• Any discrepancies between drawings and actual site conditions must be reported in writing to the Owner and the Design Firm.
• The Contractor must not proceed with affected work until the Owner provides written direction.
• The Designer’s site visits are for design purposes only and do not guarantee hidden conditions.

Consultants

• If Designer’s Consultants become necessary but are not included in the Contract, the Owner may hire them or request the Firm to hire them at an additional cost.
• Coordination with structural, MEP, or other consultants is included in Fees, but consultation fees are invoiced separately and payable by the Owner unless included in the Contract.

Payments & Fees

• Fees cover design services described in the SOW, including rework required by code or permitting. Rework due to Owner changes will incur additional charges.
• Fees do not include permit fees, Contractor services, or 3rd-party consultant fees unless included in the Contract.
• If the Project does not start within 20 days of signing the Contract, the Firm may terminate the Contract and invoice for work performed to date.
• Pausing the Project for more than 30 days will incur a 5% restart fee.
• Late payments over 30 days allow the Firm to pause Services until payment is received, plus a 5% restart fee.

Liability & Termination

• The Firm’s total liability for any claim related to the Project is limited to the Fees paid under the Contract. In no event shall the Design Firm be liable for any consequential, incidental, or indirect damages, including loss of profits or use
• The Firm is not responsible for errors or omissions in information provided by the Owner, Owner’s Consultants, or regulatory authorities.
  
• The Owner agrees to indemnify and hold harmless the Firm, its employees, and Consultants from claims, losses, or costs arising from Owner-supplied information or construction methods, except where caused solely by the Firm’s negligence.
  
• Designer review of shop drawings or submittals is limited to checking conformance with design intent and does not approve construction means, methods, quantities, or safety precautions.
• The Project may be terminated by either party with 7 days’ notice. The Firm will invoice for Services performed up to termination plus any direct costs caused by termination.

Miscellaneous Terms

• The Designer provides advice for the Project’s benefit; the Owner decides whether to adopt it.
• All drawings, models, and electronic files are property of the Firm. The Owner has a non-exclusive license to use them only for constructing and maintaining the Project. They may not be reused without written consent.
• The Firm may use project photos or drawings for marketing, with site access coordinated with the Owner.
• Governing Law and Dispute Resolution: The Contract is governed by the laws of the state where the Firm’s main office handling the Project is located. Any disputes will first go to mediation in that state before arbitration or litigation.

These Terms may be updated as required by law or business needs and will be effective immediately unless otherwise specified.

Updated 9/1/2025