IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, studio b. elements WILL NOT PROVIDE SERVICES TO YOU.
studio b. elements provides a conceptual design of the space that will include a space plan drawn to scale, elevation drawings, and
specifications of materials and fixtures for said space. The materials specified by studio b. elements are conceptual and are subject to
on-site measurements by the client. Materials specified by studio b. elements are to be verified by contractor whom will communicate
any changes with studio b. elements.
IN NO EVENT SHALL studio b. elements BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE MATERIALS SPECIFIED BY studio b. elements.
The Client is solely responsible for obtaining all measurements to be used in conjunction with the Services provided by
studio b. elements and will rely upon the measurements obtained by Client in its performance of the services.
IN NO EVENT SHALL studio b. elements BE HELD LIABILE FOR ANY DAMAGES THAT MAY RESULT FROM INACCURATE
MEASUREMENTS OBTAINED BY CLIENT.
The fees for all Services provided by studio b. elements are based on the package that is purchased. The package shall be “Paid in
Full” before first programming appointment. Any materials, furnishings, and/or accessories that are specified, may be ordered by the
client. ALL SALES TAX, SHIPPING, AND DELIVERY FEES ARE THE RESPONSIBILITY OF THE CLIENT.
studio b. elements may in the course of providing services recommend specifications that the Client consider a certain type, brand or
model of furniture for use in the Client’s space. The Client is responsible for making its own investigation of the quality of any
furniture and the adequacy of any furniture for the intended use by Client.
studio b. elements MAKES NO WARRANTIES OR REPRESENATIONS, EXPRESS OR IMPLIED, REGARDING ANY FURNITURE PURCHASED BY CLIENT.
studio b. elements retain all rights to the materials provided to Client, including the conceptual drawings. studio b. elements shall
have the right to use, reproduce, distribute, publish and publicly display any conceptual drawings or other materials generated by
studio b. elements for any purpose, including but not limited to, advertising and commercial purposes.
Any photographs submitted to studio b. elements by Client (“Client Photographs”) will not be returned. Client irrevocably grants to
studio b. elements and its employees, officers, agents and assigns, a royalty free license to use, reproduce, distribute, publish and
publicly display all Client drawings and conceptual perspectives created by studio b. elements for any purpose, including but not
limited to, advertising and commercial purposes.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, studio b. elements EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND
LIABILITIES IMPLIED BY LAW. IN NO EVENT WILL studio b. elements BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY AMOUNTS GREATER THAN THE
ACTUAL FEE PAID BY CLIENT.
This Agreement and the Services provided by studio b. elements to Client shall be governed, construed and enforced in all respects
by the laws of the State of Ohio without regard to conflict of law considerations. The parties consent to the Superior Court of Ohio as
being the exclusive venue and jurisdiction of any litigation or other dispute resolution modality arising from or relating to this
Agreement or the Services. If all or any part of this Agreement is determined to be unenforceable, the remaining provisions will
remain enforceable. If any legal action or proceeding arising out of or relating to this Agreement or the Services is brought by either
party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
studio b. elements provides a conceptual design of the space that will include a space plan drawn to scale, elevation drawings, and
specifications of materials and fixtures for said space. The materials specified by studio b. elements are conceptual and are subject to
on-site measurements by the client. Materials specified by studio b. elements are to be verified by contractor whom will communicate
any changes with studio b. elements.
IN NO EVENT SHALL studio b. elements BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE MATERIALS SPECIFIED BY studio b. elements.
The Client is solely responsible for obtaining all measurements to be used in conjunction with the Services provided by
studio b. elements and will rely upon the measurements obtained by Client in its performance of the services.
IN NO EVENT SHALL studio b. elements BE HELD LIABILE FOR ANY DAMAGES THAT MAY RESULT FROM INACCURATE
MEASUREMENTS OBTAINED BY CLIENT.
The fees for all Services provided by studio b. elements are based on the package that is purchased. The package shall be “Paid in
Full” before first programming appointment. Any materials, furnishings, and/or accessories that are specified, may be ordered by the
client. ALL SALES TAX, SHIPPING, AND DELIVERY FEES ARE THE RESPONSIBILITY OF THE CLIENT.
studio b. elements may in the course of providing services recommend specifications that the Client consider a certain type, brand or
model of furniture for use in the Client’s space. The Client is responsible for making its own investigation of the quality of any
furniture and the adequacy of any furniture for the intended use by Client.
studio b. elements MAKES NO WARRANTIES OR REPRESENATIONS, EXPRESS OR IMPLIED, REGARDING ANY FURNITURE PURCHASED BY CLIENT.
studio b. elements retain all rights to the materials provided to Client, including the conceptual drawings. studio b. elements shall
have the right to use, reproduce, distribute, publish and publicly display any conceptual drawings or other materials generated by
studio b. elements for any purpose, including but not limited to, advertising and commercial purposes.
Any photographs submitted to studio b. elements by Client (“Client Photographs”) will not be returned. Client irrevocably grants to
studio b. elements and its employees, officers, agents and assigns, a royalty free license to use, reproduce, distribute, publish and
publicly display all Client drawings and conceptual perspectives created by studio b. elements for any purpose, including but not
limited to, advertising and commercial purposes.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, studio b. elements EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND
LIABILITIES IMPLIED BY LAW. IN NO EVENT WILL studio b. elements BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY AMOUNTS GREATER THAN THE
ACTUAL FEE PAID BY CLIENT.
This Agreement and the Services provided by studio b. elements to Client shall be governed, construed and enforced in all respects
by the laws of the State of Ohio without regard to conflict of law considerations. The parties consent to the Superior Court of Ohio as
being the exclusive venue and jurisdiction of any litigation or other dispute resolution modality arising from or relating to this
Agreement or the Services. If all or any part of this Agreement is determined to be unenforceable, the remaining provisions will
remain enforceable. If any legal action or proceeding arising out of or relating to this Agreement or the Services is brought by either
party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.