TERMS AND CONDITION OF AGREEMENT:
1. DESIGN CLASSICS OF SAINT LOUIS grants to BUILDER/OWNER upon approval of BUILDER/OWNER contract with DESIGN CLASSICS, the limited right to build the DESIGN CLASSICS OF SAINT LOUIS home plan purchased pursuant to the terms and conditions of this agreement.
2. DESIGN CLASSICS OF SAINT LOUIS reserves the right to reject any contract. If the contract is rejected, the plan fee will be refunded in full.
3. BUILDER/OWNER agrees to pay DESIGN CLASSICS OF SAINT LOUIS for each standard house plan a fee of $0.50 per square foot of living area. Living area is defined as the square footage of heated and/or air conditioned finished space as shown on DESIGN CLASSICS drawings which is measured from the exterior side of the outside walls enclosing interior areas. Fees for DESIGN CLASSICS designs expanded by DESIGN CLASSICS will be based on the expanded area of the revised DESIGN CLASSICS design. BUILDER/OWNER agrees that the house fee is additional to any special architectural, design or drafting charges to BUILDER/OWNER for any custom revisions or design work requested. DESIGN CLASSICS OF SAINT LOUIS reserves the right to establish house fees on DESIGN CLASSICS designs which may be less or greater than the standard and also reserves the right to change standard house fees without notice. BUILDER/OWNER agrees that payment shall be sent along with this contract to DESIGN CLASSICS.
4. BUILDER/OWNER agrees that DESIGN CLASSICS OF SAINT LOUIS has made no representations as to any exclusivity in the distribution or use of DESIGN CLASSICS plans, and that DESIGN CLASSICS reserves the right to use any method of distribution of DESIGN CLASSICS designs at their sole discretion.
5. A DESIGN CLASSICS design is defined as a standard DESIGN CLASSICS OF SAINT LOUIS design or any revised or derivative of a DESIGN CLASSICS design or any house or other building where drawings were executed by DESIGN CLASSICS OF SAINT LOUIS even if revised by others at a later date and subject to nos. 3 and 7. BUILDER/OWNER agrees that any DESIGN CLASSICS design revised and/or redrawn by BUILDER/OWNER or their agent shall remain DESIGN CLASSICS OF SAINT LOUIS property and bear the DESIGN CLASSICS OF SAINT LOUIS name, logo and proper copyright notice. BUILDER/OWNER agrees to keep the DESIGN CLASSICS OF SAINT LOUIS logo, copyright notices and warnings intact on all prints and vellums, and agrees that any and all reproductions derived from same depict said DESIGN CLASSICS OF SAINT LOUIS logo, notices and warnings.
6. BUILDER/OWNER agrees not to use the DESIGN CLASSICS OF SAINT LOUIS name and logo as part of the corporate, company or registered firm name of BUILDER/OWNER. If DESIGN CLASSICS OF SAINT LOUIS materials or similar copies of renderings, floor plans, photographs and drawings are used by BUILDER/OWNER in any literature, displays, articles or advertising, they must be identified as DESIGN CLASSICS OF SAINT LOUIS ownership by use of DESIGN CLASSICS logo and DESIGN CLASSICS copyright notice which must be utilized as outlined in item 9.
7. Design and drafting services to produce customized revisions to DESIGN CLASSICS designs may be provided by DESIGN CLASSICS on an ?as available? basis and at hourly rates which may change without notice; or alternately may be performed by BUILDER/OWNER or others in accordance with DESIGN CLASSICS logo and copyright notice per item 5. BUILDER/OWNER agrees that such plans remain DESIGN CLASSICS property and agrees to provide copies to DESIGN CLASSICS. If BUILDER/OWNER or their agent revise DESIGN CLASSICS designs, BUILDER/OWNER accepts full responsibility for the accuracy and structural design of such drawings.
9. BUILDER/OWNER acknowledges that architectural plans provided by DESIGN CLASSICS are generally designed to meet BOCA requirements and are not necessarily designed to meet all special state and local code requirements. BUILDER/OWNER agrees and accepts responsibility as to state and local code and zoning permits, construction permits, and other requirements in BUILDER/OWNERS area of operation. BUILDER/OWNER acknowledges that DESIGN CLASSICS has made no representations as to foundation or mechanical drawings on architectural plans which are only suggested layouts for typical average conditions; and may be unrepresentative of particular job and area requirements. Verification of all dimensions on plans and any drawings for adequate construction of foundations, and mechanical and structural systems for specific local conditions are the responsibility of the BUILDER/OWNER. BUILDER/OWNER acknowledges and understands that DESIGN CLASSICS is not obligated to provide specific architectural or engineering seals for any state or local requirements.
10. BUILDER/OWNER is and shall be an independent contractor, and nothing herein contained shall be construed so as to create an agency relationship, a partnership or joint venture, between DESIGN CLASSICS OF SAINT LOUIS and BUILDER/OWNER. DESIGN CLASSICS shall not be entitled to share in any profits of BUILER/OWNER or be required to share in any loses, debts or any other responsibilities or financial obligations of BUILDER/OWNER. BUILDER/OWNER shall not at any time make any representations, express or implied, of any relationship with DESIGN CLASSICS other than that of independent contractor, to any third party. BUILDER/OWNER agrees to indemnify and hold harmless DESIGN CLASSICS from all fines, suits, proceedings, claims, losses, damages, reasonable attorney fees, liabilities or actions of any kind which arise from or are connected with BUILDER/OWNER association with DESIGN CLASSICS OF SAINT LOUIS.
11. In the event that the Fee is not paid according to the terms set forth in this agreement, it is agreed that a service charge in the amount of 1-1/2 per cent per month shall accrue on the principal balance per month during the period of delinquency. It is further agreed that if litigation becomes necessary to collect on the unpaid balance on the account BUILDER/OWNER agrees to pay all court costs, costs on collection and reasonable attorney?s fees.
12. The effective date of this agreement is the date of its execution by DESIGN CLASSICS OF SAINT LOUIS.
13. This agreement shall be construed expressly according to the laws of the State of Missouri. Both parties agree and consent to jurisdiction of Missouri State Courts for any actions arising from or connected to this agreement.
14. Both parties agree that in the event any provision of this agreement is held to be waived, invalid or nonenforceable, all other provisions shall remain in full force and effect.
15. BUILDER/OWNER acknowledge that this agreement constitutes the total agreement between the parties and any modification or revision of this agreement must be in writing executed by BUILDER/OWNER and by an authorized officer of DESIGN CLASSICS OF SAINT LOUIS.
