Terms and Conditions

Last updated: October 7, 2024

Please read these terms and conditions carefully before using Our Service.

 

This Agreement (“Agreement”) is made as of the date of eSignature (“Effective Date”), by and  between Palms Up Design House LLC dba Craydl CIM Services (“CRAYDL”) addressing at 9393  North 90th Street, Suite 102, Scottsdale AZ, 85258 and the party identified below as “Client” in  connection with the Property identified below. 

 

Project Name: Subject in Quote 

Client Name(s): Contact Name In Quote 

Project Address: Address in Quote 

 

1.Services Performed by CRAYDL. 

​

CRAYDL agrees to provide BIM (Building Information Model), and VIrtual Design Construction (VDC) (“Offerings”) as listed and selected by Client below in the Integrated Design Services Menu (“Menu”) and marked “Craydl” in Selected Service(s) (“Services”) on the Menu as shown in the ‘Included in This Proposal’ column.  

 

CRAYDL specifically provides Offerings including As Built Drafting, CIM Management using Revit and Google Sketch Up, Construction Drawings (to be reviewed and stamped by others), 3D Visualization and document Quality Control (QA/QB). 

 

CRAYDL partners with and engages third party vendors to provide the following services in a fashion that aligns with CRAYDL workflow & principles, including but not limited to Architecture, Interior Design, ALL types of Engineering, Interior Architecture, Landscape Architecture, and Soils Testing.  

​

In the event that CRAYDL is not engaged to provide As Built Drafting and does not have direct access to the project site, CRAYDL will require access to the general contractor, building manager, or some other entity capable of providing accurate and timely information regarding available utilities, site conditions, and all other details pertinent to CRAYDL’S performance of the Offerings.

 

CRAYDL will introduce to Client, any options for third party services.  Client agrees to engage directly with all agreed-upon third parties in a timely manner.  CRAYDL, if engaged to perform Program Management, will manage the intersection of third party servcies and deliverables, to align with the BIM & design team.  It is understood that ALL third party services listed in this Agreement are estimates only and actual costs may vary from the estimates provided.

 

CRAYDL agrees to provide the following artifacts and services as detailed in Table 1.0 in a professional and timely manner provided, they are included in the Quote: 

See Product Table in Quote Provided 

2. Compensation.

​

As compensation for Services rendered by CRAYDL under this Agreement, Client shall pay to CRAYDL a design fee as listed in the ATTACHED QUOTE. It is understood that certain fees are calculated on a per square foot basis, and further that building space is defined as Square Feet Under Roof, to be measured on a set of plans. Program Management, if purchased is calculated on a monthly basis.  The current estimate is provided in the ATTACHED QUOTE. The design shall be paid by Client to CRAYDL as follows: 

A.           Third party services fees for professional engineering, architecture, interior design and landscape design will be passed through to Client (including but not limited to soils testing, surveying, civil engineering, and existing conditions) and are billable at 100% upon the Effective Date.

​

B.            Fees for projects under $3500 in total fees to CRAYDL are billable at 100% upon the Effective Date

C.            Fees for projects greater than $3500 in total fees to CRAYL are billable in monthly installments over the Term of the Agreement. 

D.            For projects that exceed the term of the agreement, AND where Program Management services have been purchased, Client agrees to monthly Program Management fee charges, until all project deliverables are complete.

E.            CRAYDL assumes responsibility for addressing and correcting any redlines from the governing plan review authority. Client and CRAYDL acknowledge and agree that fees calculated on a ‘per square foot’ basis over the course of the remodeling of the Property may change after the floor plan is complete, and that accordingly the total amount of the Fee payable to CRAYDL may vary upwards or downwards from the estimated payments if additional square footage comes into the scope of the Project.  Square footage used for this estimate includes all areas in the scope including livable, garage/storage, and covered outdoor areas. As built will generally include the entire residence. Lot size is estimated as referenced in the ATTACHED QUOTE if applicable. 

F.             Similarly, if fewer months of Program Management are needed than estimated, the client will enjoy a pro-rated reduction in the final bill, and all other outstanding amounts related to the project will become due immediately.

​

 3. Reimbursements. 

In addition to the Fee, Client shall pay for expected reimbursements incurred by CRAYDL for all expenses attributable to CRAYDL’s Services performed under this Agreement.

 

A.           Payment will be due for reimbursable expenses within thirty (30) days after CRAYDL’s delivery to Client of a request and substantiation of the reimbursable expenses incurred by CRAYDL. 

​

B.           Client will be responsible for engaging with and paying third parties needed to complete any required professional services from licensed professionals, including but not limited to engineers, architects, interior designers, surveyors and landscape architects.

​

4. Interest & Fees for Collection. 

If any installment of the Fee or repayment of reimbursable expenses is not paid within thirty (30) days of when due, such amount shall accrue interest from the date it was due until the date it is  finally paid at a rate of interest equal to the highest rate permitted by applicable law. Any outstanding balances not paid after thirty (30) days will be remitted for collections and will incur a thirty percent (30%) surcharge to pay for collection services.

5.  Independent Contractor. CRAYDL is and shall be an independent contractor and not an employee of the Client for any purpose. CRAYDL shall choose CRAYDL’s own working hours and methods and shall select the specific times when CRAYDL will engage in the conduct of CRAYDL’s business, consistent with the other provisions of this Agreement. 

6.  Term.

This Agreement will become effective upon the Effective Date and shall continue until the substantial completion of or final approval of the plans in scope.  Property, unless sooner terminated in accordance with the provisions hereof. CRAYDL shall not be liable for any delay due to circumstances beyond its control, including strikes, casualties, acts of God, illness, the general unavailability of materials or interpretational latitude of codes and standards taken by bodies needed to issue approval. The parties expect that the project will take no longer than 364 calendar days from the Effective Date.  

7.  Termination.

In the event of a Default (as defined below) on the part of either party hereto, the other party may terminate this Agreement and, subject to the limitations provided herein, and may pursue any and all remedies with respect thereto available at law or in equity.  “Default” shall mean: (i) the failure of a party hereto to pay any sum required to be paid by such  party under this Agreement; or (ii) the failure of a party hereto to perform, observe or comply with  any material provision of this Agreement, together with the failure of such party to (A) commence  and diligently pursue curing such failure within thirty (30) days after written notice of such failure is  given to the party obligated to perform, observe or comply with such provision by the other party  hereto, or (B) complete such cure within thirty (30) days after receiving such notice (or if such cure  cannot reasonably be completed within such thirty (30) day period, then such longer period as is  reasonably necessary to complete such cure, but only if the curing party continuously and  diligently thereafter uses its best efforts to pursue such cure to completion). In the event of any  termination of this Agreement and in addition to any other rights or remedies available to CRAYDL  at law or in equity, Client shall pay CRAYDL (i) all costs and expenses incurred by CRAYDL under  or otherwise in connection with this Agreement; and (ii) the Fee, and all other costs, expenses and  reimbursements payable to CRAYDL under this Agreement to the date of termination, to the  extent such fees, costs and expenses are otherwise reimbursable or payable (and not previously  reimbursed or paid) pursuant to this Agreement. 

8.  Binding Arbitration as an Alternative Dispute Resolution. 

The parties agree to select Binding Arbitration as the method by which to resolve disputes for any Claims subject to this agreement, but not agreed to or resolved in writing by either party. Unless the parties mutually agree otherwise, the Arbitration will be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. The Arbitration shall be conducted in the place where the Project is located unless another location is mutually agreed upon. A demand for arbitration shall be made in writing and delivered to the other party to the Agreement and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. The Parties agree that any and all costs associated with an Arbitration will be paid by the non-prevailing party. If both parties prevail, arbitration costs will be split evenly between the parties. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties of this Agreement, shall be specifically enforceable under the applicable law in any court having jurisdiction thereof. 

9.  Consolidation or Joinder. 

Subject to the rules of the American Arbitration  Association or other applicable arbitration rules, either party may consolidate an arbitration  conducted under this Agreement with any other arbitration to which it is a party provided that (i)  the arbitration agreement governing the other arbitration permits consolidation, (ii) the  arbitrations to be consolidated substantially involve common questions of law or fact, and (iii)the  arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).  Furthermore, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to any such joinder.  Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. 

10.  Limitation on CRAYDL's Liability to Client;

Indemnification. In no event shall CRAYDL have any liability for the condition of the soils at the Property. In addition, in no event shall CRAYDL be liable to Client for lost profits of Client, or special, incidental or consequential damages (even if CRAYDL has been advised of the possibility of such damages). Client understands that CRAYDL does not possess the authority, licensure, or expertise to directly provide the following services (Registered Architecture, Interior Architecture, Landscape Architecture, any and all Engineering services) and provides a marketplace for access to such services. CRAYDL's total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to CRAYDL by Client under this Agreement. Client agrees to hold CRAYDL, its officers, directors and employees and agents harmless for, from and against any and all claims (including the cost of defense thereof), damages, expenses, liabilities, or injuries to third parties involving or arising out of CRAYDL’s performance under this Agreement except with respect to any matter as to which CRAYDL shall have been adjudicated in any proceeding to have acted fraudulently, in bad faith, with gross negligence or with willful misconduct. 

11.Intellectual Property. 

Client hereby (i) grants CRAYDL the right to take and use photographs, and visual/audio images of the Property for any legal purpose, including, but not limited to, the use photographs in future discussions, publications, on its web site, and in such manner as CRAYDL may determine in its sole discretion, and (ii) expressly waives any and all rights to any compensation in connection with any of the foregoing. Moreover, Client hereby agrees that CRAYDL shall retain all intellectual property rights CRAYDL may have in anything created or developed by CRAYDL for Client under this Agreement; provided, however, Client shall own any particular plans or specifications produced for the Property. 

12.  General Provisions. 

This Agreement contains the entire agreement between the parties and supersedes all prior agreements, arrangements, understandings,negotiations, or agreements, oral or written, between the parties, if any, with respect to the Services. Time is of the essence of each and every term, condition, obligation and provision hereof. If any dates hereunder fall on a

Saturday, Sunday or legal holiday, such date shall be the next following business day. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. A pdf copy of this document shall substitute for the original and, if fully executed by all relevant parties hereto, shall be legally binding and enforceable. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.  Any change orders to amend this agreement shall be bound by the terms of the Agreement herein.  Any conflicting language between this Agreement and potential future change orders shall be superseded by the language in this Agreement.  This Agreement shall be binding upon and shall ensure to the benefit of the successors and assigns of the parties hereto; provided, no party has the right to assign any right or delegate any obligation without written consent of the other. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona. If any action or proceeding arising out of or relating to this Agreement is brought by either party, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing party. Each individual executing this Agreement below represents and warrants that it has the full power and authority to bind the respective party for whom it is signing. 

13.  Hold Harmless.

Client agrees to hold CRAYDL harmless for defects arising from work performed by parties included but not limited to general contractors, sub-contractors, consultants, architects, and engineers contributing to the Project. The Client understands and agrees that, while CRAYDL may make recommendations as to services providers, materials and labors, any purchases and/or agreements and payments are ultimately at the discretion of the Client and not CRAYDL, and that the services providers listed above are ultimately responsible for delivering materials and services in a fashion that is consistent with current and applicable building codes, laws and licensure. Accordingly, Client agrees to indemnify CRAYDL from all liabilities stemming from the project.  

IN WITNESS WHEREOF, the parties hereto have executed this Design and Remodel Consulting

Agreement as of the day and year first above written.

​

Table 1.0 

Craydl Deliverables

Service/Role 

Scope 

Deliverables

Feasibility/Concepting

Investigate zoning of the subject property in the context of the client’s proposed project; prepare concept plans

Written opinion of project feasibility; may include concept site and/or floor plan if agreed upon in the scope

Soils Report

Geotechnical sampling and  analysis of existing soil conditions

Soils/geotechnical report;  recommendations to inform  grading and foundation  design

Grading & Drainage  

Design

Civil engineering for site grading  and improvements to conform to  applicable jurisdictions' requirements

Grading and drainage plan,  sections, and applicable  details

Civil Survey  

(Boundary/Topo)

Survey by Professional Land  Surveyor including boundary,  easement, and topographic  information to establish  

feasibility and placement of  proposed structure(s) 

Stamped/recorded site survey

As Built Drafting

Detailed physical survey of  existing structure(s) to determine  existing conditions; includes  major site features

As-built site plan, floor plan,  exterior elevations

 

VDC Management

Create and manage a digital twin as scoped in the Quotel to coordinate  all design inputs and outputs

Coordinated plan set with  congruence between architectural, structural, engineering, design, etc.

Construction Drawings

Drafting of all views/sheets  required for permitting and  construction; excludes design  work of any kind unless architectural design is also  purchased

Site plan, demo plan, floor  plans, RCP, interior/exterior  elevations, notes, details,  other sheets as needed

3D Modeling/Visualization

Create 3D model and renderings  based on final design; scope of  modeling will depend on design  scope (ex. only includes  

landscape/hardscape if outdoor  design is purchased)

3D rendering for entire scope  of design; VR-ready "hotspot"  walkthrough experience; up  to two photorealistic  

renderings per room/space in  scope; one flythrough video;  client to have input on paths  for walkthrough/flythrough

QA/ QB

Quality assurance to ensure  continuity and completeness of  plan set

Alignment and quality  

control of deliverables  

provided by CRAYDL

Architectural Design

Customer/project needs analysis,  spatial planning, layout, overall  aesthetic design; includes  preliminary concept and two  subsequent design iterations  based on customer feedback

Concept site plan, floor plan,  and exterior elevations for  customer approval

Licensed Architecture

Use of licensed Architect if  required or requested by  

customer

Architect-stamped drawings  for permit submittal

 

Interior Design (Developer)

Complete interior  

specifications/selections for all  flooring, walls, ceilings, cabinetry,  countertops, wall tile, plumbing  fixtures, lighting fixtures, bath  accessories, shower glass,  mirrors, interior and exterior  doors, windows, trim, hardware,  and appliances; Includes initial  mood board presentation,  preliminary selections based on  feedback, and one additional  iteration if needed

Mood boards; Finish Boards  by Room (if Scope does not  include 3D Modeling);  

Complete Finish Schedule  with all relevant details;  Interior elevations of areas  with tile and/or cabinetry;  Trim details as needed

Interior Decorating - Core  Furnishings (Developer)

Provide initial selections and one  additional iteration for furniture,  artwork, lamps, and rugs; time for  delivery and installation: 

up to 1,999SF - 4 hours; 2,000- 3,499SF - 8 hours; 3,500SF and up  - 12 hours (additional time billed  at hourly rate)

Complete interior decorating  Schedule listing all new  pieces and locations;  

coordination of delivery and  installation

Interior Decorating - 

Details (Developer)

Provide initial selections and one  additional iteration for detail  items such as bedding, pillows,  interior plants, small decor items,  centerpieces, tableware,  

bookshelves, etc.; includes up to 6 hours of site time for delivery and  installation

Complete interior decorating  Schedule listing all new  pieces and locations;  

coordination of delivery and  installation

Landscape/ Hardscape  Design

Customer needs analysis, spatial  planning, layout, overall aesthetic  design for exterior spaces  included in Scope; includes  preliminary concept and two  subsequent design iterations  based on customer feedback  (Ideal for basic projects or  

customers with a competent  landscaper engaged)

Basic conceptual  

landscape/hardscape plan,  suggestions for plants,  

planters, hardscape elements

Landscape/ Hardscape  Architecture/Engineering

Same as Landscape/ Hardscape  Design, and also includes lighting design, irrigation design,  

engineering if required for hardscape elements (Ideal for  more complicated projects or  when a full set of construction  drawings is required)

Landscape/hardscape plans,  planting plan, exterior  

lighting plan, irrigation plan,  engineering as required for hardscape elements

Structural Engineering

Structural design by licensed  engineer as required for  

permitting and construction

The following, as required per  the scope: foundation plan,  floor framing plan(s), framing  plan(s), roof framing plan(s);  includes calculations required for permitting; excludes truss  design and calculations (by  others)

Mechanical design

HVAC design based on code  compliance and customer needs;  includes HVAC equipment,  ductwork, specialty ventilation,  and fresh air replacement as  needed

Mechanical floor plan,  

equipment specifications,  notes, and details as needed

Electrical design

Electrical design based on code  compliance and customer needs

Power plan and lighting plan  to accommodate  

architectural plans

Plumbing design

Plumbing design based on code  compliance

DWV, domestic water, and  gas plans and isometric  drawings as required; water  heater and water treatment  equipment specifications as  required

 

Energy Compliance

Project analysis, value  

engineering input if applicable,  and calculations to support  insulation and fenestration  strategies

Recommendations for HVAC,  insulation, and fenestration  selections as applicable;  certification of compliance  with energy codes for  

permitting purposes

Approvals and Permitting

Coordination with permitting  authority and management of  required redlines as needed;  review and permit fees are  reimbursable expenses

Building permit from  

permitting authority

​

​