Proposal for Services: 1732 Montello Ave NE Unit #7 Washington, DC 20002


SERVICE AGREEMENT

 

This Service Agreement ("Agreement") is made and entered into by and between BRIAN RIVERA STUDIO LLC ("BRIAN RIVERA STUDIO", "Designer", or "Architect") and J. Ellis McGinnis ("Owner"), regarding design and architectural services to be rendered for the project at 1732 Montello Ave NE Unit #7 Washington, DC 20002 ("Project").

 

BRIAN RIVERA STUDIO and Owner agree as follows: By signing this agreement, you agree to these terms & conditions stated within. The commencement of design services and payment prior to signing does not preclude that the Owner not be bound by this agreement.

 

Brian Rivera Studio is an architecture & design firm that provides revolutionary design fit for the modern world.

 

 

EXCLUSIONS:

•      Perform General Contractor work, such as architectural demolition, addition, or modifications to the physical space.

•      Offer Contractor sourcing, or communication. It is the Owner’s responsibility to source and communicate with their contractor of choice. It is Owner’s responsibility to share with contractor all BRIAN RIVERA STUDIO design concepts and intent.

•      Move or relocate or document any existing furniture.

•      Conduct site surveys.

•      Deliver furniture or move shipments of any items.

 
  1. SCOPE OF WORK

Designer shall provide architectural and interior design services for the Project, which may include:

  • Tenant Improvement Plans
  • Interior Renovations
  • Exterior Modifications for Accessibility/ADA
  • Plan Check Corrections
  • Architectural Specifications
  • Site Visits
  • Construction Administration
  • Field Measurements (if applicable)

Services are limited to design and documentation. Contractor procurement, construction execution, and verification of final built conditions are excluded unless expressly agreed upon in writing.

  1. HOLD HARMLESS AND LIMITATION OF LIABILITY

2.1. Field Measurements

Designer may conduct field measurements at Client’s request. However, Designer shall not be held liable for:

  • Inaccurate measurements taken by Designer or others,
  • Measurements affected by site conditions, concealed elements, or environmental variables,
  • Consequences of relying on such measurements in construction or fabrication.

Client agrees to hold Designer harmless for any errors in field measurement or resulting construction and installation defects.

2.2. Third-Party Products, Delays, and Cost Increases

Designer shall not be held liable for:

  • Price fluctuations or increases by manufacturers or vendors, including those due to tariffs, market shifts, or economic conditions,
  • Delays in shipping, customs, vendor inventory, or delivery windows,
  • Product defects, mislabeling, damage during transit, or incorrect fulfillment.

Client acknowledges that all product procurement is subject to third-party conditions and agrees to hold Designer harmless from all such impacts.

2.3. Installation and Fit

Designer is not responsible for:

  • Manufactured components or products that do not fit intended spaces due to site changes, unforeseen conditions, or manufacturing tolerances,
  • Installation errors or deviations by contractors or installers.

2.4. Color and Material Variation

All drawings, samples, and computer renderings are representational only. Actual delivered items may vary due to:

  • Lighting differences,
  • Manufacturer craftsmanship and fabrication variables,
  • Monitor display inconsistencies or image processing.

Client acknowledges these limitations and agrees not to hold Designer liable for perceived deviations between depicted and delivered materials.

2.5. Third-Party Field Verification and Measurements

Client may, at their sole discretion, hire a third-party surveyor, field verification consultant, or measurement service to document site conditions. Client may also provide their own measurements. In either case:

  • Designer is not liable for the accuracy, completeness, or reliability of any data, dimensions, or measurements provided by the Client or any third party.
  • Client assumes all risk related to the use and selection of any third-party consultant or service.
  • Designer shall not be responsible for design errors, construction fit issues, or additional costs resulting from inaccurate or incomplete third-party measurements.
  • Designer’s reliance on third-party or Owner-supplied data is done solely at the direction of the Client, and Designer is held harmless for any resulting deficiencies or damages.

Client acknowledges that field conditions and accuracy of such data are critical to the success of the Project and agrees that verification by qualified professionals is recommended.

2.6. Limitations on Scope of Work and Representational Materials

  1. Exclusions: Living Beings
    Designer’s scope of work explicitly excludes any design, accommodations, considerations, or customizations for:
  • Pets, plants, or any living things (including domestic or exotic animals),
  • Habitat-related features (e.g., litter boxes, feeding stations, terrariums, aquariums, etc.),
    unless required by law (e.g., Service Animal accommodations).
  1. Site Access and Obstructions
    Client agrees to provide clear and unobstructed access to all areas of the Project site for:
  • Field verification,
  • Measurements,
  • Photography,
  • Visual review,
  • Design ideation and implementation.

Designer shall not be liable for delays or inaccuracies due to blocked or inaccessible site conditions. Rescheduling due to obstructions may incur additional fees.

  1. Renderings, Visuals, and Product Representation
    All renderings and conceptual visuals are representational only. They:
  • Do not guarantee exact color, finish, texture, lighting, or fabrication outcome,
  • May vary due to lighting, manufacturer tolerances, or material sourcing.
  1. Product Pricing and Availability
  • All prices are subject to market availability, tariffs, and vendor/manufacturer adjustments.
  • MSRP is set by the manufacturer/vendor and not controlled by Designer.
  • Vendor discounts are discretionary and not guaranteed.
  • All pricing information is provided for budgeting purposes only.

Client holds Designer harmless from any discrepancies or product unavailability.

  1. FEES & BILLING

A retainer of $ is due upon acceptance. This does not represent a final cost and is subject to change based on additional services or unforeseen conditions.

Invoices are due within 7 days of issue. Late payments accrue 10% per month. All fees are non-refundable.

 

ADDITIONAL SERVICES & FEE STRUCTURE: Additional work performed (or planning to be performed) that falls outside of scope of the room or space as contractually agreed upon in writing will incur additional fees. The estimate or invoice submitted at project starting date is a retainer for services and may not reflect final project costs, as unforeseen events may occur that require additional effort by designers. Any additional modifications to the design drawings or furniture catalog will be billed at an additional hourly rate to be discussed with your design advisor prior to commencement.

 

ADDITIONAL SERVICES – HOURLY WORK (IF APPLICABLE): All work that is to be billed hourly shall require the Owner’s express written consent prior to commencement of such work. Invoices for hourly-billing will be accompanied by detailed descriptions of how many hours were spent on individual tasks and shall be issued bi-weekly upon authorization from Owner for hourly billing.

 

ADDITIONAL SERVICES:

Additional Services shall include, but not be limited to: 

 

  1. Making revisions in Drawings, Specifications, or other documents when such revisions are:
    • inconsistent with approval for instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner’s program or budget;
    • required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents; and
    • due to changes required as a result of the Owner’s failure to render decisions in a timely fashion.
  2. Services by additional consultants, if required, including those listed below, will be provided as Additional Services with prior review and approval by the Owner:
  3. Providing services required because of significant changes in the Project including, but not limited to, size, quality, and complexity.
  4. Preparing Drawings, Specifications, and other documentation and supporting data, evaluating Contractor’s proposals and providing other services in connection with Change Orders and Construction Change Directives.
  5. Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work.
  6. Providing services made necessary by the default of the Contractor or by major defects or deficiencies in the Work of the Contractor, or default by the Contractor in performing its Construction Administration Services set forth in the AIA A201 General Conditions or in a comparable document or in the General Requirements Specifications Section.
  7. Providing services made necessary by the negligence or deviation from the professional standard of care offered by previous Architect’s and Consultant’s s hired by the Owner.
  8. Providing services in connection with a public hearing, arbitration proceeding, or legal proceeding except where the Architect is party thereto.
  9. Providing services, if necessary, in connection with the preparation of documents, participation in reviews, and attendance at meetings for the approval process by local, State, or Federal agencies that may have jurisdiction (excluding agency or community board listed in Basic Services).
  10. Providing detailed estimates of Construction Cost
  11. Preparing a set of reproducible record drawings showing significant changes in the work made during construction based on marked-up prints, drawings, and other data furnished by the Contractor to the Architect.
  12. Providing services after issuance to the Owner of the final Certificate of Payment, or in the absence of a final Certificate of Payment, more than sixty(60) days after the date of obtaining the final deliverable described in Basic Services. 
  13. Any other service not described herewith, but associated with any exclusion listed in the Proposal Letter.

 

 

COMMUNICATION PREFERENCES: BRIAN RIVERA STUDIO requires that all communication is via email or booking a meeting with your design advisor using this link (https://usemotion.com/meet/brian-rivera/meeting?d=30). Text messages may NOT be used as the main source of information regarding the design services or for any decision or discussion. It is NOT BRIAN RIVERA STUDIO’s responsibility to actively respond to text messages or calls that are outside of a booked appointment timeslot or outside of our hours of operation, which is Monday – Saturday from 10 a.m. to 7 p.m. Los Angeles/PST. We reserve the right to respond to text messages or calls out of courtesy only and may at any time revert to email or via appointment as the main platform of communication and documentation. We are not responsible for any information, documentation, or tasks communicated via text message, and text message chats or threads are not monitored or archived. Email and appointment notes are our only official, archived, documented, and preferred form of communication, and ensure protection of confidential Owner and project data.

 

PRODUCT CONFIDENTIALITY: BRIAN RIVERA STUDIO requests that all vendor and manufacturer information that we provide is kept confidential. This includes pricing. These lists are proprietary and property of BRIAN RIVERA STUDIO and is intended for you, (Owner), only.

 

COPYRIGHT PROTECTIONS: BRIAN RIVERA STUDIO reserves copyright protections for all work performed by us and delivered to you, (Owner). Work cannot be changed, modified, distributed, or destroyed without clear, written, and explicit permission from BRIAN RIVERA STUDIO first.

 

ANIMALS OR PLANTS: It is not BRIAN RIVERA STUDIO’s responsibility to design for animals or plants (pets, or any domestic animals in the home) unless required by law (Service Animals).

 

CONTRACTOR RELATIONSHIP: BRIAN RIVERA STUDIO is NOT responsible for the quality of craftsmanship performed by Contractors. Selection of the contracting service is based solely on you, (Owner), and it is your responsibility to communicate all design details to Contractors using BRIAN RIVERA STUDIO work. Contractors may NOT contact BRIAN RIVERA STUDIO outside of the property owner, you, (Owner), nor solicit any work. Contractors can and are encouraged to communicate with us via email if they have any questions (or Requests For Information) regarding our design drawings if Owner is in copy (CC’d). Designer is not a general contractor and does not provide contractor services. If Project requires contractors and/or consultants to perform work based on Designers concepts, Owner will enter in a contract directly with each contractor and/or consultant.  Designer provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees.  Designer not responsible for their oversight.

 

WHAT IS NOT COVERED: It is not BRIAN RIVERA STUDIO’s responsibility to cover loss or damage caused by the following: (1) Abuse; (2) Any damage caused by pets; (3) Damage or odor as a result of moving or improper storage conditions; (4) Damage caused by fire, smoke, flood or other natural disaster, theft or vandalism; (5) Furniture that is used for commercial purposes; (6) Damage not reported within thirty (30) days of occurrence; (7) Products with removed or altered construction; (8) Clearance, floor model or “as is”; (9) Natural characteristics or markings on fabric, leather, wood and marble; (10) Normal wear; (11) Electronics are not covered.

 

IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.

 

SHIPPING DELAYS: BRIAN RIVERA STUDIO is not responsible for delays in shipping and delivery of furniture incurred by the manufacturer, vendor, or any operators of furniture. When providing dates for arrival, it is discretionary and may change based on local shipping estimates.

 

SCOPE: Designer shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. Designer’s services do not include contractor services, landscape design, or Mechanical/Electrical/Plumbing Work (only coordination). Owner acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.

 

DESIGN SERVICES: BRIAN RIVERA STUDIO charges a retainer. It is to be understood by you, (Owner), that the fee is not a fixed fee but is an estimate given by initial assessment for the project, that may fluctuate depending on external and internal circumstances where extra design hours are required. Typically, however, most projects are completed with the utmost quality, on time, and on budget. All Design Fees are non-refundable.

 

NO PRICE GUARANTEE: Designer cannot guarantee prices of merchandise, interior installation, or other services not performed by Designer. Vendor and contractor pricing is subject to change and out of the control of Designer.

 

REIMBURSABLE EXPENSES: Owner agrees to reimburse Designer for all out-of-pocket expenses actually incurred by Designer in relation to the Project, including but not limited to, renderings, drafting services, postage and handling, freight, delivery, samples, and storage costs. Owner shall reimburse Designer for all travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the project, a portion of this is collected as a contingency.

 

PAYMENT & FEE SCHEDULE: For all design services, invoices are due with payment within 7 days. Initial Estimates prior to project commencement expire after 30 days, whereafter the same price is not guaranteed. Invoices for time billing and reimbursable expenses are due within 7  days. Invoices more than 30 days past due will accrue a 10% late fee per month and all work will cease until invoice is paid.  Designer does not accept personal checks.  Designer shall be entitled to withhold delivery of all items purchased on behalf of Owner should Owner fail to make any payments due to Designer in a timely manner. Designer has a right to impose a lien on property for unpaid expenses regarding the work.

 

DRAWINGS: Designer shall be held harmless for relying on the accuracy of information provided by the Owner. Project drawings and documents cannot be reproduced, duplicated, or distributed in any form by Owner for any reason.

 

PERMITS: Owner is responsible for permitting and all approvals and compliance required by any governmental agency.

 

INSURANCE: Owner is required to have insurance coverage for all project assets and materials during handling, moving, storage, and installation. Owner is responsible for ensuring that their insurance coverage is sufficient per this Agreement. Designer cannot be held responsible to inadequate insurance coverage.

 

PHOTOGRAPHS & PUBLICITY: Owner agrees to allow Designer and/or Designer's representatives to photograph Project during all stages of Design Services including when project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. Designer will not disclose address or Owner’s name without prior consent. If Designer suggests, costs of photographs and publicity are the responsibility of the Designer.  Additionally, if Owner or Owner's agents document the Project, Designer shall be given credit as the designers if documentation is released publicly.

 

OWNERSHIP OF DESIGN: Designer shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by Designer for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in design. Owner shall not share or use design for additions to Project or any other project without explicit written permission of Designer.

 

 

TERMINATION: Designer or Owner can terminate this agreement by notifying the other party in writing. Owner will be responsible for any outstanding reimbursable charges and hourly fees. All in-process proposals and orders will be completed by Designer and delivered to Owner at hourly rate. If a balance remains in Owner’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. Owner agrees to take no action which is intended, or would reasonably be expected, to harm the Designer’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Designer.

 

 

LIMITATION OF LIABILITY: Neither the Designer, Designer’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount in excess of the proceeds of the available professional liability insurance coverage.

 

DISPUTES: All disputes arising from this Agreement shall be resolved by binding private arbitration in Miami-Dade County, Florida, New York, New York, or Los Angeles, California, with each party to bear its own fees and costs. This agreement is governed by Florida, New York, and California law.

 

TERMS: The parties agree that the terms of this Agreement may be changed only by a writing signed by both parties and that no oral changes or waivers are permitted.

 

HAVE FUN: BRIAN RIVERA STUDIO strives for the most comfortable, enjoyable, and transparent design experience possible. We require open communication and honest feedback. Our most important mantra is LET’S HAVE FUN!

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Document name: Proposal for Services: 1732 Montello Ave NE Unit #7 Washington, DC 20002
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July 31, 2025 9:39 pm GMTProposal for Services: 1732 Montello Ave NE Unit #7 Washington, DC 20002 Uploaded by Brian Rivera - b@brianriverastudio.com IP 8.3.95.92
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