Services

Designer agrees to deliver the services outlined in the Scope of Work (“Scope”) attached to this Agreement. These services, referred to collectively as the “Design Services,” are described in detail within the Scope. Any changes to the Scope must be approved in writing by both the Client and Designer. Should the Client request additional work or revisions outside of the agreed Scope, a new written agreement outlining the revised services and associated fees will be required and signed by both parties prior to commencement.

Discovery Phase 
During the Discovery Phase, Designer will perform the following Design Services: 

• Visit the project site to review existing conditions, document measurements, and photograph the space.

• Catalog any existing furnishings or fixtures the Client wishes to keep.

• Review the completed design questionnaire and inspiration provided by Client.

• Establish the project team members such as architects, builders, or contractors.

Conceptual Design Phase
During the Concept Design Phase, Designer will perform the following Design Services: 

• Develop initial floor plan options to explore spatial layout and flow.

• Create visual concept boards to communicate the design direction and aesthetic.

• Provide a preliminary furniture budget based on project scope and space requirements (for furnishing-only projects).

Design Development Phase 
During the Design Development Phase, Designer will perform the following Design Services: 

• Select furnishings, fixtures, finishes, and materials in alignment with the approved floor plan.

• Request quotes and proposals from relevant vendors and trades.

• Produce supporting visuals—such as drawings, elevations, or renderings to illustrate final design intent.

• Present design boards, samples, and swatches to Client during the design presentation.

Procurement Phase 
During the Procurement Phase, Designer will perform the following Design Services:  

• Place orders for products and furnishings sourced through Designer for the Client.

• Provide regular updates regarding the status of all items ordered.

• Monitor deliveries to the designated receiving location.

• Develop an installation plan and oversee schedule and logistics.

Project Management Phase 
During Project Management Phase, Designer will perform the following Design Services: 

• Coordinate with trades, vendors, and contractors to support implementation of the approved design plan.

• Organize project-related meetings and schedule work with trades and vendors.

• Attend site visits as needed based on coordination between Designer and Contractor.

• Share relevant information, updates, and clarifications with the project team as required.

• Support the Client through the renovation or construction process.

• Supply additional samples or documentation as needed.

  *Note: Additional design hours outside the original Scope may be billed separately.

Installation, Styling, and Support Phase 
During the Installation, Styling, and Support Phase, Designer will perform the following Design Services: 

• Manage delivery and installation logistics for items purchased through Designer.

• Be present on installation day to direct placement and oversee setup of items purchased through designer.

• Add additional designer selected styling elements to complete the look of the space.

• Capture photographs of the finished design.

• Invoice the Client for any additional styling items or accessories, if applicable.

• Return any borrowed or items not purchased by the Client used for styling within 5 days of installation, if necessary.

  *Note: Projects with larger scopes may involve multiple installation days.

Post Installation Support

• Share care and maintenance guidelines for products sourced through Designer, if relevant.

• Coordinate with the contractor to confirm that all punch list tasks are addressed and resolved, if applicable.

• Collaborate with Client to create a final punch list identifying any outstanding items or issues observed during installation, when necessary.

Non Refundable Retainer

On the Effective Date of this Agreement, Client shall pay to Designer a non-refundable and non transferable retainer for Design Services of $5,000. The retainer will be applied to the final bill as a credit. No work shall be performed until the retainer is received. Any remaining retainer amount after final bill has been paid will be refunded to Client. 

Designer Compensation

Design Services specified in the Scope and Design Services outlined in this Agreement in the Discovery Phase, Concept Design Phase, and Design Development Phase shall be billed at an hourly rate of $175/hr. Client shall provide Designer with floor plans or any other source providing square footage of such spaces. Designer reserves the right to independently verify the actual square footage of any space Designer’s services are to be rendered for, and Client shall be billed based on actual square footage 

During the Purchasing and Project Management Phase and the Installation, Styling, and Support Phase, client shall be billed at an hourly rate of $175/hr. 

Payment of Fees. Design fees for the Scope and Design Services outlined in this Agreement are monthly:

Initial Retainer due upon the Effective Date of this Agreement; 

Late invoice payments will be assessed a late fee of 5%/month and Designer will cease work until payment is made. 

Non-Refundable Nature of Design Fees. Client understands and agrees that design fees are non refundable and non-transferable. 

Method of Payment. Payment can be made by credit card, debit card, wire transfer or check upon receipt of invoice. Client is responsible for payment of processing fees if they pay with credit or debit card. Any declined payments will incur a $50 fee and Designer reserves the right to cease all work until alternative payment arrangements are made. 

Additional Services. Should Client request Designer perform any services not listed in the Scope, Client shall be billed at the hourly rate of $175/hr, should Designer be able to accommodate such changes. Billable time is recorded in 15-minute increments and includes, but is not limited to meetings, creative time, product searches and procurement, trades coordination, and replying to email, text, and phone inquiries. 

Change in Fees. Designer's hourly rate is subject to periodic increase, which shall not occur more than once annually.

Travel Time. Scheduled travel to Client’s home or other local destinations will not be billed. Travel beyond 10 miles of Designer’s principal office will be billed at the 1/2 rate of our regular hourly $87.50/hr or a day rate of $800/per person. 

1. All travel expenses will be reimbursed 1:1 including, flights, car rental, hotel, meals with an agreed upon not to exceed amount prior to finalizing travel. b. 

2. Average travel costs: 

   1. Meals-$75/ per diem 

   2. Flights-$650 round trip 

   3. Car - $250/ day 

   4. Hotel- $200- $450/ night

   5. Mileage : 65.5 cents/ mile

TIME IS OF THE ESSENCE 

In the event Client pauses and/or delays project, Designer shall be entitled to charge Client a fee, as determined in its sole reasonable discretion, to re-start the project (“Reinstatement Fee”). This Reinstatement Fee shall take into consideration the time spent by Designer rescheduling the project and re-acquainting itself with the project’s needs. In addition to being subject to a Reinstatement Fee, the Client is advised that in the event of such a pause and/or delay, interior design items previously selected and/or quoted may be discontinued, out of stock and/or be subject to a price increase. In this event, any re-work, re-quoting and/or re-selecting of interior design items will also require an additional design fee, to be determined by Designer in its sole reasonable discretion. 

For purposes of this Agreement, a Client will be deemed to have “delayed”, “paused” and/or placed a project “on hold” if the Client goes more than # (2) weeks without providing a full round of requested revisions post design meeting, or more than # (2) weeks withholding information needed to move the project forward. Examples of such withholding of information include, but are not limited to, the failure of the Client to provide: a survey of the property, requested specification of an appliance, the failure of the Client to communicate the allowed revisions to Designer within the timeline stated herein, the failure of the Client to select a contractor, architect or trade, etc., and/or the Client’s lack of response to proposals and invoices. 

DELAYS 

The Designer is not responsible for any project completion that is conducted by a third party not directly hired by the Designer, even if designer referred vendor. To compensate for any disruption or delay to the project timeline that is not caused by the Designer, its subcontractors or employees, and not directly due to the Designer’s actions, Client shall be billed for the additional time rendered at a fee commensurate with the services provided, as agreed upon by Designer and Client before extending the contract. 

BUDGET

As work commences, Designer and Client shall agree upon a project budget. The budget shall be made considering Client’s comprehensive scope of work and desired level of furnishings. Designer shall be conscientious of Client’s budget when developing the Scope and choosing furnishings, however, Designer shall not be responsible for any increase in budget due to price increases of items selected or changes in Client’s individual selections or desired level of furnishings that occur after the initial selection of said items by Client and Designer.

If Client's budget should change during the design process, Client must notify Designer immediately. If change in budget impacts design, Client may be charged an additional fee for any additional design work or changes required. 

FURNITURE/FIXTURES/EQUIPMENT 

Purchasing and Execution Through Designer. Client acknowledges and agrees that all interior design items, i.e.furniture, fabrics, and other design materials that are part of the design plan must be purchased through Designer, unless Designer has authorized or instructed Client to purchase furnishings sourced by Designer directly from a retailer. Client further understands and agrees that Designer is charging commercially reasonable “retail” prices for said purchased items and Designer is not required in any way to disclose and/or pass through to Client any “trade discount” received by Designer or specific product details not readily identifiable to any person outside of the design trade. 

If Client purchases any item presented on a Designer proposal, or invoice independently of Designer, Client will be responsible for payment of a procurement fee to Designer of 15% of item(s) cost to compensate Designer for time spent selecting, sourcing, and pricing items to be used in executing the design plan. 

Estimates. Designer will prepare estimates for proposed merchandise. Any estimates require 100% payment before processing, it informs the Client of the initial cost of merchandise or services.  It is understood and agreed that such estimates do not include any additional fee, shipping costs, and actual costs. 

Pricing. Items sourced through Designer trade resources are competitive with retail pricing. Designer does its best to provide accurate estimates and pricing of goods. Since manufacturers can and do change pricing without notice, Client will be billed at the actual price in effect at the time of order placement/purchase. Purchasing furnishings through Designer’s trade resources helps to ensure the best quality, value, and service available.

Invoices. Designer will prepare invoices for merchandise purchases for Client’s approval. Invoices will identify the item(s), price(s), and estimated freight cost(s) to the Client (if available). It is understood that if payment of invoices is delayed, the actual costs or fees for the merchandise may be more or less. Invoices should be paid promptly to avoid price changes. 

Client will be responsible for all costs associated with taxes, shipping, handling, freight, receiving, storage, delivery, and assembly. 

Purchase of Items. Full payment is due immediately upon receipt of invoice. Client’s payment of an invoice for items selected and sourced on Client’s behalf shall be deemed authorization of said order. Upon receipt of payments, Designer will, as the Client’s authorized agent, issue purchase orders, track purchases, and coordinate all deliveries and installation of Designer purchased furnishings, accessories, and other items purchased on behalf of the Client for the project. Client is wholly responsible for all items purchased by Client. Designer cannot guarantee prices of merchandise, interior installation, or other services not performed by Designer. Vendor pricing is subject to change and out of the control of the Designer. 

Purchase of Accessories. Designer will purchase accessories for the Client's project during the Installation, Styling, and Support phase of this Agreement. Client shall remit to Designer a minimum of $15,000 which shall be billed and paid by Client at the time Client is billed for final furnishings. Upon completion of the project, an itemized invoice of all accessories installed will be provided to Client, and any amount exceeding the initial payment will be paid promptly by Client. In the event the cost of the accessories utilized is less than the amount remitted to Designer, a credit will be applied to Client’s final bill.  

Requoting Fee. Proposals for goods and services are valid for 7 days from time of presentation. Beyond 7 days, Designer cannot guarantee pricing or availability of proposed goods and services and Client is subject to a requoting costs, billed at the hourly rate if Designer needs to resubmit proposals to vendors to confirm new pricing and availability of items. 

Production and Delivery Estimates. Designer will provide production and delivery estimates from vendor to Client for items ordered through Designer. Designer is not responsible for vendor delays in production schedule or delivery schedule. Client acknowledges that production timelines and delivery estimates may change at any time. 

Production Delays. Client acknowledges that since the inception of COVID-19, worldwide manufacturing, shipping, and delivery times have been delayed without notice or warning. Expected delivery times may change at any time after items are ordered. Designer is not responsible for any product delays caused directly or indirectly by COVID-19 and related supply chain issues. 

Cancellations. Special, custom, and trade orders, once approved by Client, cannot be canceled or returned. Cancellations and returns are not allowed by manufacturers and suppliers. However, in the unlikely event Designer is successful in canceling an order, Client is responsible for any cancellation related shipping or restocking charges imposed by the supplier. 

INSPECTION OF ITEMS AND WARRANTIES 

Warranties. Client shall have the benefit of all warranties and guarantees issued either to the Client or Designer by suppliers, manufacturers, or contractors and may enforce such at Client’s own time and expense. Designer does not warrant or otherwise guarantee any products beyond the manufacturer’s warranties or guarantees. 

Inspection of Items. Client understands and agrees that Client is under an obligation to inspect all items ordered through Designer immediately upon delivery and/or installation and to communicate, in writing, any concerns to Designer within three (3) business days from the date of delivery and/or installation to allow Designer the opportunity to pursue any warranty or guarantee on behalf of the Client. 

Client further acknowledges and agrees that Client’s failure to promptly notify Designer of any defects or concerns on items purchased through Designer may result in the voiding of or inability to pursue any guarantee or warranty. 

PROPERTY ACCESS 

Access to Property. Unless otherwise agreed upon, Client will provide keys and/or access codes to their properties (a convenience for both Client and Designer for ease of installations, drop off and pick up). If a key or access code is provided only on an as-needed basis, and the Client fails to leave a key or other access means, a charge will be made for a minimum of 1 hour at the current hourly rate. 

Designer will make all reasonable efforts to protect Client’s key(s) and access codes. Entry to Client’s property will be made only after advance notice via phone, email, text, or voicemail. 

Pets. Client should have pets secured during Designer visits such that any pets shall not interfere with the services provided by Designer.  Designer is not responsible for any damage caused to the project by homeowner pets.

Installation Day. Designer will coordinate with Client to schedule a convenient date for the final installation day. Client and pets will be away from the home on the scheduled installation day.

CONSTRUCTION/INSTALLATION

Designs. Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation, or other mechanical systems in the Project. Designer is not responsible for incorrect measurements or information provided by Client or Client’s agent. Designs are to be used for this specific design project only and cannot be used by Client for any other purpose. 

Contractor Required. Designer may recommend the use of contractors or other consultants to complete various projects. Designer is not a general contractor and does not provide contractor services. Client will enter into any contract for these services directly with the contractor and all payments for such services will be submitted directly to the contractor from Client, including, but not limited to, wallpaper hanging, carpet installation, painting, architects, and others. Designer will make reasonable scheduled periodic visits as deemed necessary by the Designer to the residence to observe the progress of the work and provide frequent communication. #4 of scheduled visits as determined by the Designer, Client, and/or Contractor or Architect are included. Additional scheduled visits will be billed at the rate of $175/hour. 

If included in the Scope, Designer will work with its preferred contractors to provide bids for work and will oversee work done by its recommended contractors or Client’s general contractor. Should Client desire bids in addition to bids provided by Designer’s preferred contractors, Client is responsible for obtaining bids, coordinating work, and overseeing work done by its chosen contractors. Client may not solicit bids from or hire directly any contractor or tradesman Designer has a preferred relationship with without Designer’s express approval and written consent. Designer is not responsible for obtaining bids, coordinating work, or managing tradesmen hired by Client unless included in Scope. 

Insurance Required. Client is required to have insurance coverage for all furnishings and materials during handling, moving, storage, and installation. Client is responsible for ensuring that its insurance coverage is sufficient per this Agreement. Designer cannot be held responsible for inadequate insurance coverage. 

Permits. Client is responsible for obtaining any required permits and/or obtaining all approvals and compliance required by any governmental agency. 

STORAGE/RECEIVING/WHITE GLOVE DELIVERY/INSTALLATION

Items will be received at a receiving warehouse and delivered by white glove delivery on a selected installation date. 

Receiving and White Glove Delivery Fees. Assembly, receiving, and/or local white glove delivery fees, if applicable, are separate costs that will be billed to Client at time of delivery to Clients home. 

Installation of furniture will take place on an agreed upon date once all items are received. If Client wishes to have items delivered as they arrive at the receiving warehouse, Client is responsible for any/ all additional costs in for overseeing and coordinating the additional delivery and installation of those items. 

PHOTOGRAPHY 

Client will permit Designer or person(s) employed or engaged by Designer, without compensation or consideration to Client, to take photographs, pictures, and video at the project site of both completed work and work in progress. Designer will be entitled to use photographs, pictures, and video(s) for business purposes but will not disclose the project location or Client’s name without Client’s prior written consent.  

At the conclusion of the project, Designer reserves the right to schedule a professional photographer to style and shoot the project. This can take up to 1-2 full business days to complete depending on project size.  Please refer to note above about Pets for photography purposes also.

Publication of Project. Professional photographs may be presented to local and national publications. If a project is selected for publication, Client’s name (with approval), but not the project address, may be included in the article. Client may be asked to provide an interview with publication, the granting of which is at the discretion of Client. Client retains the right to refuse publication of their project. 

COMMUNICATION 

Business Hours. Designer’s business hours are Monday through Thursday, 9am PST until 4pm PST. Client can expect timely responses to emails and phone calls during this time. Friday our team often WFH and will not be actively responding to emails.

Project Correspondence. All project-related correspondence will be in writing, over the phone during scheduled calls, or in person at scheduled meetings. Text messages and social media direct messages are not a regular form of project correspondence unless approved by all parties. 

Timely Feedback and Change Requests. Client is entitled to (1) one round of revisions (not full redesigns) if requested within one week of the design presentation, so long as they do not affect decisions made in prior phases. All desired revisions must be communicated in one comprehensive writing. All revisions must be approved in writing by Designer. Additional revisions and changes beyond those initially communicated or not communicated within a timely manner will be considered an addendum to this Agreement and will require an additional fee based on the scope of revisions to be billed at the rate of $175/hour, and additional time will be added to the project timeline, per Designer's assessment of the scale of the revision(s). 

TERMINATION 

Termination. The term of this Agreement will begin on the Effective Date (“Term”) and will continue until the Scope is completed and/or the relationship is amended or terminated. Specific project timelines will be outlined in each Scope. Designer may terminate this Agreement with or without cause by providing at least ten (10) days prior written notice of termination to Client; provided, however, that either Party may immediately terminate this Agreement as follows: 

1. By Designer, upon any material breach by Client, or if Client commits any act of fraud, misrepresentation, misappropriation of property, or any other act of material misconduct, dishonesty or disloyalty, which at Designer’s discretion impairs Designer's goodwill, or in the event the Client should file for bankruptcy or liquidate its business; or 

2. By Designer, upon verbal or written mistreatment by Client of Designer or Designer’s team. 3. By Client, upon any material breach by Designer, or in the event Designer should file for bankruptcy or liquidate its business.

Termination Fees. If the Client terminates this Agreement, the Retainer and any fees already paid or due in accordance to the fee schedule will be non-refundable and non-transferable due to the Designer’s fixed costs, mobilization, and/or efforts of engaging in the contract and to fund already completed work. Client shall also be responsible for any product charges, delivery fees, or any other charges Designer incurred on behalf of Client. Designer shall refund the unused balance of advances or retainers paid by Client for the purpose of purchasing furnishings and/or accessories.

Effect of Termination. Designer will deliver to Client work product and items ordered through the date of termination, and Designer will immediately return to Client all documents containing any confidential information of Client and any copies thereof which Designer has in its possession or under its control. Designer will immediately return to Client any tangible property belonging to Client. 

COOPERATION/NO SHOWS 

Designer is not responsible if Client and/or key individuals fail to appear or cooperate during the design meetings or project visits. 

Designer requires that all deciding parties attend all key scheduled meetings. If Client cannot attend a key meeting, the meeting will be rescheduled. 

INTELLECTUAL PROPERTY 

The drawings and documents prepared by Designer remain the property of Designer and cannot be used by Client for any purpose other than the completion of the Design Services specified in this Agreement. Designer transfers no rights of ownership to Client. Designer retains the right to use designs or photographs of the final product for the purpose of advertising or otherwise promotion of their work. Client agrees not to sell any of the files or designs without written permission from Designer. 

CLIENT’S USAGE/SOCIAL MEDIA 

This Agreement applies to social media, including but not limited to Facebook, Instagram, Pinterest, and blogs. Any content that Client publishes online arising from the Design Services rendered under this Agreement, including, but not limited to, photographs of Designer’s work, shall be properly credited to Designer. 

COMPLETION 

Once Designer provides Client with the services specified in the Scope, Designer has satisfied its duty under this Agreement. Designer’s performance is not subject to Client’s satisfaction. Client’s dissatisfaction with Designer’s performance does not excuse Client from performing under this Agreement. 

REPRESENTATIONS AND WARRANTIES 

Designer represents and warrants that: 

Designer will comply with all applicable federal, state, and local laws in the performance of its obligations under this Agreement and the Design Services will be performed in a professional and workmanlike manner in accordance with reasonable industry standards as well as any quality, specifications, and format of delivery provided for herein; 

Designer has the right and ability to enter into this Agreement and Designer operates as a business and regularly makes its services available to other clients or the general public, and has adequate insurance as applicable by local law, any necessary license, and other conventional means of conducting business; and Designer will not enjoin or interfere with the distribution, licensing or exploitation of Client's intellectual property, merchandise or other products. 

Client hereby represents and warrants that: 
(i) Client has the right and ability to enter into this Agreement; and

(ii) Client will not enjoin or interfere with Designer’s duties to perform its work contracted herein; and

(iii) Client will not employ any other interior designer or other professional to provide the Design Services specified in this Agreement. 

INDEMNIFICATION 

Client agrees to indemnify and hold and defend Designer harmless from and against any losses, liabilities, claims, suits and costs and expenses (including without limitation reasonable attorneys' fees and court costs) incident thereto which Designer may hereafter incur, become responsible for, or pay out as a result of death or bodily injuries to any person and/or the damage or destruction to any tangible property, or on account of any violation or alleged violation of government laws, regulations or orders caused by or arising out of, Client's breach of any term contained in this Agreement, or any negligent or willful act of Client, its employees, or agents in the performance of its duties under the provisions of this Agreement. 

CONFIDENTIAL INFORMATION 

During the term of this Agreement, the Parties may disclose information to each other that is confidential or proprietary in nature, where the information is either communicated expressly as confidential or implied. Both Parties agree to hold such confidential information in strict confidence and not to duplicate or disclose such confidential information to third parties, other than what is reasonable and necessary to perform the Design Services or to use such confidential information for any purposes whatsoever other than fulfilling the obligations of this Agreement, and to advise each of its employees, agents, and representatives of their obligations to keep such confidential information confidential. It is agreed and understood that in the event of a breach of this provision, damages may not be an adequate remedy, and either Party will be entitled to injunctive relief to restrain any such breach, threatened or actual. 

ASSIGNMENT 

Client may not assign, transfer or sell all or any part of its rights or obligations hereunder, by operation of law or otherwise. This Agreement will be binding upon and inure to the benefit of Designer and Client and their respective heirs, legal representatives, successors, and permitted assigns. 

NOTICES 

All notices required or permitted to be given hereunder will be in writing and forwarded to the following physical address and email addresses: 

1. Client: {{client.address | address}} - {{client.email}}

2. Designer: 8314 Trenton Road Forestville CA, 95436 mk@madisonkrueger.com

SEVERABILITY 

In the event that a court of competent jurisdiction holds a provision of this Agreement invalid, the remaining provisions will nonetheless be enforceable in accordance with their terms. 

MODIFICATION OR WAIVER 

No purported amendment, modification, or waiver of any portion of this Agreement will be binding unless set forth in writing and signed by both Parties (in the case of amendments and modifications) or by the Party to be charged thereby (in the case of waivers). Any waivers will be limited to the circumstance or events specifically referenced in the written waiver document and will not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any reoccurrence of such circumstance or event.

GOVERNING LAW 

This Agreement will be governed by and construed in accordance with the laws of the Sonoma, California regardless of any choice of law issues. 

RESOLVING DISPUTES 

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Sonoma, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Sonoma, California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. 

FORCE MAJEURE 

In the event either party is unable to perform its obligations under the terms of this Contract because of acts of God, viruses or pandemic of any nature, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party will not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.