Terms & Conditions

These Standard Terms and Conditions outline the general terms applicable to services provided by Custom Your Way Design. Project-specific fees, deliverables, schedules, and additional requirements may be set forth in a separate written Service Agreement or Scope of Work.

The retainer fee deposit is due upon acceptance of the Service Agreement and is nonrefundable and nontransferable, subject to applicable law.

Where applicable, interim fees shall be due according to the agreed payment schedule. These payments are based on project milestones and may not correspond directly to the percentage of actual expenses incurred.

The final fee is due upon completion of the Scope of Work or when the construction documents are available for engineering review and/or permit application, whichever occurs first, unless otherwise specified in writing.

The final project fee may be adjusted based on the actual square footage of the project upon completion of the plans.

Any outstanding balance remaining unpaid for thirty (30) days after its due date may accrue interest at a rate of 2% per month, or the maximum rate permitted by applicable law, whichever is lower, until paid in full.

The Client shall provide Custom Your Way Design with the necessary project information, including boundary surveys, topographic surveys, and soil information prepared by appropriately licensed or qualified professionals where required.

If required information is not provided or is found to be incomplete or inaccurate, the Client may be responsible for additional revisions, costs, and delays resulting from the missing or inaccurate information.

Revisions necessitated by faulty survey, soil, or other client-furnished information shall be billed at the applicable hourly rates established in the Service Agreement or Fee Schedule.

Custom Your Way Design does not warrant or guarantee the accuracy of site conditions, topography, survey information, property boundaries, or feature locations supplied or established by third parties.

Certain projects may require the services of independent consultants or other professionals, including structural, civil, mechanical, electrical, septic, and geotechnical engineers; land surveyors; landscape architects; wetland biologists; hazardous materials inspectors; and other specialists.

With the Client’s verbal or written approval, Custom Your Way Design may assist in arranging these services and, where authorized, act as the Client’s agent for coordination purposes.

Consultant fees are not included in Custom Your Way Design’s standard design fees unless expressly stated in the applicable Service Agreement. Such fees shall be the Client’s responsibility and may be billed directly by the applicable consultant or handled as otherwise agreed in writing.

The Client is responsible for fees, studies, permits, and other requirements imposed by the applicable city, county, or other authority having jurisdiction that fall outside the agreed Scope of Work. These may include engineering, surveying, site plans, wetland studies, geotechnical reports, site development and planning, permitting, and other additional professional services.

Custom Your Way Design may assist the Client in arranging or obtaining these services for an additional fee, as agreed upon in writing.

Certain projects may require the services of independent consultants or other professionals, including structural, civil, mechanical, electrical, septic, and geotechnical engineers; land surveyors; landscape architects; wetland biologists; hazardous materials inspectors; and other specialists.

With the Client’s verbal or written approval, Custom Your Way Design may assist in arranging these services and, where authorized, act as the Client’s agent for coordination purposes.

Consultant fees are not included in Custom Your Way Design’s standard design fees unless expressly stated in the applicable Service Agreement. Such fees shall be the Client’s responsibility and may be billed directly by the applicable consultant or handled as otherwise agreed in writing.

The Client is responsible for fees, studies, permits, and other requirements imposed by the applicable city, county, or other authority having jurisdiction that fall outside the agreed Scope of Work. These may include engineering, surveying, site plans, wetland studies, geotechnical reports, site development and planning, permitting, and other additional professional services.

Custom Your Way Design may assist the Client in arranging or obtaining these services for an additional fee, as agreed upon in writing.

Coordination with consultants, engineers, surveyors, and other third parties shall be billed at the applicable hourly rate unless expressly included in the agreed Scope of Work or flat-fee arrangement.

If a project is suspended or terminated before completion, the Client shall be responsible for payment for services performed and authorized expenses incurred through the effective date of suspension or termination, as determined by the applicable Service Agreement and subject to applicable law.

Projects, additional services, and revisions billed on an hourly basis shall be charged according to the Fee Schedule included in or incorporated into the applicable Service Agreement.

Custom Your Way Design provides estimated completion dates for project phases as guidelines and does not guarantee specific completion dates unless expressly stated in the agreed Scope of Work.

If work has not commenced within thirty (30) days after the Service Agreement is signed, Custom Your Way Design may terminate the Agreement by providing written notice, unless otherwise agreed in writing.

This restriction does not prevent Custom Your Way Design from subcontracting portions of design services or construction document preparation as reasonably necessary to complete the agreed work. Custom Your Way Design remains responsible for the services it has agreed to provide under the Service Agreement.

This review should include, but is not limited to, dimensions, setbacks, square footage, room names, height restrictions, plan features, specifications, elevations, and other relevant project conditions.

The Client shall promptly notify Custom Your Way Design in writing of any identified discrepancies or concerns. Identified issues should be addressed before the affected work proceeds to construction.

Failure to report discrepancies may result in additional costs or complications. Responsibility for resulting correction costs shall depend on the circumstances, the parties’ respective obligations, and applicable law.

To maintain the integrity and consistency of the design documents, revisions to plans prepared by Custom Your Way Design, including building department or permit corrections, must be performed by Custom Your Way Design unless otherwise authorized in writing.

Client- or contractor-requested revisions that fall outside the original Scope of Work may be charged at the applicable hourly rates or under a separately agreed fee arrangement.

The Client shall reimburse Custom Your Way Design for authorized, project-related expenses incurred in performing the agreed services.

Reimbursable expenses may include, but are not limited to:

• Printing, copying, and reproduction services.
• Fax, courier, express mail, and messenger services.
• Long-distance telephone and communication expenses.
• Mileage and travel expenses.
• Additional services and other authorized project-related costs.

Unless otherwise stated in the applicable Service Agreement, all drawings, plans, specifications, digital files, and other design materials created by Custom Your Way Design shall remain the property of Custom Your Way Design, subject to applicable copyright law and any express written agreement between the parties.

The documents are intended for use solely for the specific project and building site identified in the applicable Service Agreement. They may not be reused for other projects, building sites, or future additions or extensions without the prior written consent of Custom Your Way Design and any required additional licensing or compensation agreement.

To the extent permitted by law, the Client shall be responsible for claims, damages, losses, expenses, and reasonable legal fees arising from unauthorized reuse of the documents by the Client or parties acting under the Client’s direction.

If the Client fails to comply with the terms of the Service Agreement, including payment obligations or responsibilities necessary for the project to proceed, Custom Your Way Design may suspend services or terminate the Agreement in accordance with the Agreement and applicable law.

The Client remains responsible for payment for services performed and authorized expenses incurred through the effective date of termination, subject to applicable law.

The Service Agreement covers only the services expressly identified in the agreed Scope of Work. Unless otherwise expressly agreed in writing, Custom Your Way Design does not guarantee construction costs, contractor performance, permit approval, project completion dates, financing, or other construction or financial outcomes.

Nothing in these Terms and Conditions excludes or limits any liability, warranty, or obligation that cannot lawfully be excluded or limited.

These Terms and Conditions and any applicable Service Agreement shall be governed by and construed in accordance with the laws of the State of Washington, to the extent applicable.

By signing an applicable Service Agreement or otherwise expressly accepting these Terms and Conditions where appropriate, the Client acknowledges that they have had the opportunity to review the applicable terms and agrees to the provisions governing the services purchased or requested.

Project-specific services, fees, deliverables, payment schedules, and additional requirements shall be governed by the applicable written Service Agreement and Scope of Work.

Custom Your Way Design
Phone: (360) 237-4784
Website: www.CustomYourWay.com