"The fine print";
Copyright
1. The Purchaser acknowledges 12/12 Homes, a division of 12/12 Architects & Planners, LLC (the Architect), owns and holds copyright on all Construction Document Drawing plans and specifications (the Drawings), including all documents on electronic media, as instruments of professional service. The Purchaser will not reuse, or make, or permit to be made any modifications in any form, by any method, the Drawings for any purpose other than listed herein, without previous express written authorization from the Architect.
2. The Purchaser agrees to waive any claim against the Architect arising from any unauthorized reuse or modification of the Drawings.
3. The Purchaser agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage, liability or cost, including reasonable attorneys’ fees and costs of defense, arising from any reuse or modification of the Drawings by the Purchaser or any person or entity which acquires or obtains the plans and specifications from or through the Purchaser without the prior written consent of the Architect.
4. The Architect makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event will the Architect be liable for any loss of profit or any damages.
5. For purposes of this Contract, the deliverables will be one digital (PDF) set of the Drawings selected by the Purchaser.
6. All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Architect, as instruments of service remains the property of the Architect. The Architect retains all common law, statutory and other reserved rights, including the copyright thereto.
7. After payment is made, permission is granted for the reproduction of the Drawings to the Owner or the Purchaser’s builder for the sole purpose of distribution to contractors, sub-contractors and other individuals directly involved with the construction of this project, and only this project.
8. The Architect may use any and all products of this Contract, including but not limited to the Drawings, sketches, photographs, models or other products, for all current and future marketing or publishing activities, including print and online publication. The Architect requests access and permission to photograph the project during construction, and pre- and post-occupancy for marketing purposes only. At no time will the Architect use the Purchaser name and/or address for marketing purposes.
9. The Purchaser agrees, to the fullest extent permitted by law, the total liability of the Architect to the Purchaser in any way related to the project or the Contract from any cause including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty express or implied, of the Architect will not exceed $1,000 under this Contract.
Provided Drawings
1. The Drawings are intended to indicate design intent and basic construction detailing. It is the Purchaser’s responsibility to obtain proper professional assistance to provide standard construction details and practices, resulting in a structurally sound and weatherproof finished product. Any use of the Drawings, and/or modifications of the Drawings, by the Purchaser, Purchaser’s builders or others on Purchaser’s, is done at Purchaser’s risk.
2. The Drawings do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. The Architect recommends the Purchaser have a local electrical engineer, mechanical engineer or builder to provide those additional documents that may be required for permits and construction.
3. Any foundation plan and associated details included in the Drawings are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site- or location-specific. The Architect may provide site-specific information and complete stamped drawings for a negotiated Additional Fee, discussed after purchase. Purchaser acknowledges the Architect’s recommendation to hire a local licensed architect or licensed engineer to review the Drawings and provide a site-specific foundation design if found necessary.
4. The Drawings provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes of windows and doors, brands, thicknesses, materials, types and uses of different materials may require revised details.
5. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require revised details.
6. Names of materials and manufacturers shown on the Drawings do not represent an endorsement or recommendation by the Architect. Final selections of materials are the responsibility of the Purchaser and/or Purchaser’s builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Drawings. The Architect has no control or responsibility of construction means or methods.
7. The Drawings do not include an architectural or engineering signature, seal and/or stamp. Purchaser agrees to consult the local building official to verify if review of the Drawings by a licensed architect or engineer is required prior to submission of the Drawings for a building permit. Drawings purchased for homes to be built in certain jurisdictions must be drawn by a locally registered and licensed professional; and Purchaser agrees to, if applicable, consult a local building official or legal counsel with respect to such requirements. The Architect may provide complete stamped drawings for the Purchaser’s jurisdiction for a negotiated Additional Fee, discussed after purchase.
8. The Drawings may need modification to comply with local requirements. The Purchaser may need to obtain permits or inspections from local governments prior to and during construction. The Architect may provide complete stamped drawings for the Purchaser’s jurisdiction for a negotiated Additional Fee, discussed after purchase.
9. The Architect reserves the right to correct data entry or other errors that inevitably may occur as they are discovered.
10. Some photographs and renderings shown of the designs herein may include modifications to the original Drawings and, in such case, those modifications are not incorporated into the Drawings.
11. The Purchaser assumes all responsibility and risk for use of the Drawings. The Drawings are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. Without limitation of the foregoing, the Purchaser agrees to ensure, prior to use of any Drawings, that such Drawings are accurate, suitable for the Purchaser’s purposes and compliant with all applicable laws.
Payment
1. The Purchaser will make a non-refundable Payment for the selected Drawings. No Drawings will be provided without payment.
2. Payment for Drawings by the Purchaser to the Architect indicates that the Purchaser is satisfied with the Drawings and may make no claim of any deficiencies in those Drawings.
3. Any requested documentation or drawings other than the purchased Drawings constitute Additional Services, and will be under separate contract negotiated with the Architect.