I think that's ridiculous! I almost hired a designer that was 150.00 an hour until she sent me a contract , not quite as bad as that one! But she had us doing the job in phases and charged for storing things in her place if we were not ready to take them! I found another wonderful decorator who is only 80.00 and no contract! I can call, text, email her anytime with any questions as we go and no extra charge! I think you need to find someone else!

That contract would stress me out. I work as a decorator -- not a designer -- very much like karle's decorator. No contract, though I do write up a "scope of service" at the beginning of larger projects that outlines what I'll be doing and approx. how many hours. But no one signs it like a contract. I think this is why I have so many friendly relationships with clients who continue to ask me to come back even for small things like "can you help me find bedding" or paint color for one room. Of course, I'm sure the higher end designers don't have the time or inclination to do little jobs like that (and I'm not saying that disparagingly or sarcastically) but I have no problem doing them.

I don't know how typical that contract is, but it seems a little strange that you haven't signed it and yet the designer is still working on your project?

I wouldn't be working with her...with or without a signed contract.

I would send her a pink slip along with the unsigned contract.

Sue - you do decorating work? I never realized that!

Okay to the original question. First off, no one does work on our home without a contract. We learned that the hard way. A signed contract. It protects not only the other party - but you as well.

Next time she mentions the contract, I'd tell her there is no signed contract so whatever she is talking about is worth nothing. Many of her requests in the contract sound a bit ridiculous. As long as it is not signed by the both of you - it doesn't mean a thing. . .

tina

Still working with ID because we have items that were in production and not delivered yet, but ordered a few months ago. ID is a nice person socially, but I think has become too busy to manage things. When we started working with ID the original contract wasn't so one sided, hourly rate was lower and markup was a set stated percentage. We never signed the original one because it was presented after we met with an "oh, by the way, this is the contract I use".

As far as their referencing your contract:

"This agreement ... when executed by Client, and ("Designer"), will serve as our contract."

There is no contract. Other than your verbal discussions.

This post was edited by snookums2 on Wed, Sep 25, 13 at 11:09

15. Designer does not anticipate that there will be errors or defective workmanship in any goods or services provided by others. However, if this occurs, Designer will make reasonable efforts to correct the error or defect to Client�s reasonable satisfaction once Designer has been notified of the problem.

What is reasonable ??

Beverly, I can't think of many businesses were they collect payment and profit upfront without delivering anything. I know the ID doesn't have to pay the vendors 100% upfront. Why should I take all the risk?

The issue with the markup, is that it was stated as her fees when we started. When I built, I was charged cost+GC fee. I saw the invoices plus fees. The ID was never transparent in her billing. I see it as smoke and mirrors, if you aren't upfront about something, then most likely the ID is playing with the numbers and not wanting to expose the bottom line. We always pay above market wages and believe people should make a good profit, but I expect people to bill me openly and honestly. The landscape designer I used did this. A friend in another state does this in her design business.

Getting bills every month for $1-2k for billed hours with no explanation or breakdown has become tiresome.

It has been an expensive education and I've learned enough about how this town is set up, that I know I can work on my own. The major local designer center allows mere mortals to browse. I can write down product information and then get samples on line and purchase on line. I'm confident in my tastes and choices and know I can do it for much less cost.

The relationship would be over except for pending products, one of which won't be here till spring.

It doesn't sound like you will, but not a chance I'd sign it at this point in your relationship. I agree with a PP that it looks like a form drafted by an attorney to heavily favor the ID. I wouldn't suggest signing something like this at the start of a project, either, without representation. (Which just seems like such overkill! Why not a simple, straightforward contract?)

Just to clarify -- you may or may not have a(n oral) agreement with this ID. I would suggest writing back to the ID (presumably you received their form in an e-mail) and state that you're not comfortable signing the contract (i.e., put it in writing that you're not agreeing to these terms).

Anyway, I don't know how much I've added to the discussion as you seem to have a pretty clear head on your shoulders and understanding of the risks involved. Good luck!

This is ASID standard. If you ( the client ) does not sign a contract with a designer you are vulnerable. The contract is for the clients protection as well. It isn't about "in favor", it is helping the client understand the process, and educating you as to what you can expect and how things will be handled. I have been in business for 18 years and I get asked to send my contract over to my potential client's attorneys all the time. Any reputable and credible designer would not do business with out a similar contract.

Many designers work on a pro forma account basis with the to-the-trade showrooms. That means, they must pay for the items IN FULL when they place the order. In the 35 years I've been a designer, this is how I prefer to work. Obviously, I could have a credit account with the showrooms after our long relationship, but I prefer the pro forma basis - doing business this way means I've never had to "eat" an order. Clients have a very nasty way of not discussing budgets with husbands, have the designer order things and then when a check is due, husband hits the ceiling and refuses to pay. I do not need this kind of drama in my life.

So, I explain to the client that my accounts are pro forma and I must pay for them when I order and that they must pay me before I do so. I've only had trouble with one client - her husband didn't like that idea. I said - "fine" - I'll be happy to give you the name of other designers you night like. Heard later, that husband refused to pay for a ton of stuff designer ordered and she had to eat the expense and hope to sell it to another client later or donate it to a charity. My business was far too small to take that kind of a hit.

But I have never used a written contract.

Agree wholeheartedly with StudioBlu. No project or relationship between an interior designer and a client should commence without a written contract for the protection of both parties. Contracts are made to be negotiated and I am flexible with my clients within reason. But there are professional standards and practices that should be maintained by all your professionals (Architect, Interior Designer, Professional Consultants and Engineers, General Contractor) and a solid contract insures that in the rare instance that something goes so wrong that the contract needs to be referenced, there are clear paths to resolution. That is just better for everyone.

In regards to which contract to use, the ASID contract is a solid contract. I would equate it to a standard real estate contract that you would use in purchasing property. It is based on best demonstrated practices for the industry and factors in a broad variety of situations following standard industry protocol.

I use a modified version of it and have never had problems because the very act of discussing the contract is a great starting point to set expectations for a project. Clients often don't realize the extensive role the Interior Designer plays in bringing a project to completion. By reviewing the contract with my clients, I can give examples from both the client's perspective and mine of how and why that clause exists and the value of the services my firm will be providing. I recommend all relationships between professionals and their clients begin with a open discussion around the contract.

Another point of interest for the Clients out there who are reading this...Even though I use an extensive contract based on the ASID form, I have never had to resort to it to resolve an issue or misunderstanding with a client. I attribute that to the fact that when we start with extensive needs analysis, a thorough scope of work and a contract negotiation, my clients know what to expect and there are no surprises. If you can get through this initial phase with your designer, you can expect a good working relationship.

That contract wouldn’t work for me. I pay the ID we use by the hour. If she comes to our home, I pay her that day. If we go out shopping together I pay her as she is leaving. When she works from home for me she sends me the bill. I haven’t had any issues.

I love the part where the contract states 'may' include floorplans and 'may' include budget. lol

That contract gave me a headache. However, a contract is important as it lays everything out so that there is no misunderstanding. It not only protects the designer, it protects the client as well. Sometimes people forget what they said or what was said to them, this way they can always refer to the contract. It's business, a contract is a necessary part of doing business. Having a contract does not mean that you won't have a great relationship. On the contrary, it creates a much better relationship between client and designer.