Un.box Studio, LLC (“Designer”) assumes no liability for any home, portion of a home, or other structure which may be built from any plan set item (“Plans”) which may include, but not limited to, Schematic Drawings, Construction Drawings, Construction Details, Selections Guide, 3D Digital Model or CAD files. The purchaser (“Licensee”) of the Plans shall be responsible for reading and complying with the following before the start of construction.
These Plans are the property of the Designer. The Plans are protected by Federal Copyright Laws. Any use of the information contained herein beyond the one-time use authorized by a purchase of prints, or any duplication, publication, sale or distribution of any part of the Plans without the prior written consent of Designer represents a violation of Federal Laws subject to the prescribed penalties.
All sales of products and services are final and are not eligible for returns or refunds.
Purchase and downloading of the Plans grants Licensee the right to use such documents for a single home known as the “Project”. A single purchase of the Plans allows duplication of prints solely for the purpose of Project. All documents, including, but not limited to, electronic files, drawings and specifications, prepared and/or provided by the Designer pursuant to this Project, are instruments of service in respect of the Project and remain property of the Designer whether or not Services are completed. Licensee acknowledges that all rights of ownership, title, and interest in the copyrights, Plans and derivatives remain with Designer. Modifications of the Plans are considered derivatives of the original and receive the same copyright protection even if completely redrawn. License for use of the Plans ends with the completion of Project (occupancy). Plans are not transferable to a third party. This means if the house is not built the Plans may not be sold to somebody else.
The information contained within the Schematic Drawings are to indicate basic design intent information and are not intended for permitting, pricing, or construction. The information contained within the Construction Drawings are to indicate design intent and basic construction information and are not intended to be complete in all respects. The information contained within the Construction Details and Selections Guide are to indicate design intent and basic construction information to supplement the Construction Drawings and are not intended to be complete in all respects. The Plans do not include fully detailed construction drawings due to the wide variety of local regulations and climatic conditions. For example, variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of structural, electrical, mechanical, and plumbing systems can also change details. These plans do not include any detailed structural, mechanical, electrical, or plumbing drawings as may be required for pricing, permitting, and construction. The design as shown is typical for the Central Texas region and may not be acceptable for other locations.
Licensee shall have Plans reviewed by local consultants (“Consultants”) including, but not limited to, a professional building designer or architect, a structural engineer, a mechanical engineer or licensed HVAC contractor, an electrical engineer or licensed electrician, and a plumbing engineer or licensed plumber, before the start of construction. Consultants shall provide detailed structural, mechanical, electrical, and plumbing drawings based on site-specific conditions and local requirements as necessary for pricing, permits, and construction. Consultants shall be responsible for reading and complying with all License Terms and General Notes located in Plans before start of any design modifications or construction.
Licensee shall have Plans reviewed by the builder or local general contractor for construction (“Contractor”) before the start of construction. Contractor shall be responsible for reading and complying with all License Terms and General Notes located in Plans before start of construction.
Any use of Plans, or modifications of Plans, by Licensee, Contractor, Consultants, or others is done at their own risk.
Designer shall not be required to be made aware of conditions at Project site. Designer shall not be responsible for incorporating any existing site information or proposed site design work into Plans including, but not limited to, utility, civil, landscape, existing structures, or other site features and work.
Designer shall not be required to perform any Project specific feasibility work that may be necessary for pricing, permits, or construction. Designer shall not be required to perform any Project specific feasibility work that may be necessary for pricing, permits, or construction. Designer shall not be responsible for designs that do not conform with local building and site regulations.
Designer shall not be responsible for construction administration services, including, but not limited to, facilitating project communication, maintaining project records, reviewing and certifying amounts due contractors, construction and site observations, and preparing and reviewing change orders for this Project. Licensee shall rely on proper Consultants to perform construction administration as necessary.
Names of any materials and manufacturers shown on these Plans do not represent an endorsement or recommendation by Designer. Not all materials and products including installation and implementation information are included in the Plans. Final selections and proper installation and implementation of materials are the responsibility of the Licensee and/ or Contractor. Designer shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.
In recognition of the relative risks, rewards and benefits of the project to both Licensee and Designer, the risks have been allocated such that Licensee agrees that, to the fullest extent permitted by law, Designer’s total liability to Licensee for any and all injuries, claims, losses, expenses, damages or claim expenses immediately arising out of these Terms from any cause or causes, shall not exceed the amount of Designer’s total compensation paid per these Plans. Such causes include, but are not limited to, Designer’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
a) In consideration for the Designer’s rendered services for these Plans, Licensee will defend, indemnify and hold harmless the Designer and its officers, partners, members, managers, employees, consultants and sub-consultants, successors, agents, and affiliates and assumes the entire responsibility and liability from all suits, actions, losses, damages, demands, obligations or liability of any character, type or description, including all expenses of litigation, court costs and attorney’s fees, interest, fines, and penalties (hereinafter referred to collectively as “Claims”) of any and all kinds arising out of, in connection with, or incidental to 1) any alleged or actual negligent or intentional act or omission of Licensee, its employees or agents in connection with work performed under this Agreement; and 2) any alleged or actual failure of Licensee to perform or observe any of the agreements, terms covenants, conditions or obligations to be performed or observed by it under this Agreement; and 3) any alleged or actual negligent or intentional act or omission or alleged breach or failure to perform of the Designer and its officers, partners, members, managers, employees, consultants and sub-consultants, successors, agents, and affiliates, arising out of or otherwise connected to Licensee’s work performed under this Agreement, unless the specific act or omission alleged occurred at the express written direction of the Designer.
In consideration for the Designer’s rendered services for these Plans, Designer will defend, indemnify, and hold harmless the Licensee and its officers, partners, members, managers, employees, consultants and sub-consultants, successors, agents, and affiliates and assumes the entire responsibility and liability from all Claims of any and all kinds arising out of the negligent or intentional act or omission of connection with 1) any alleged or actual failure of the Designer to perform or observe any of the agreements, terms, covenants, conditions or obligations to be performed or observed by it under this Agreement or to comply with applicable law, and 2) any alleged negligent or intentional act or omission of Licensee·, its employees or agents arising out of or otherwise connected to Licensee's work performed under this Agreement, but only in the event the specific act or omission occurred at the express written direction of the Designer.
The Licensee further agrees to defend, indemnify, and hold harmless Designer and its officers, partners, members, managers, employees, consultants and sub-consultants, successors, agents, and affiliates from all Claims, including, but not limited to, Claims and/or allegations based on Designer’s negligence or gross negligence or alleged failure to comply with applicable standards of professional conduct when such claims and/or allegations arise out of or are related to such authorized or unauthorized reuse, changes or alterations, or ownership of documents.
b) The provisions of this section shall apply to mediation, arbitration, and all forms of alternate dispute resolution as well as to litigation.
c) Should a party to this Agreement (the "indemnified party") elect to tender its defense to the other party (the "indemnifying party") under the provisions herein, then after receipt of notice of commencement of any action against it, the indemnified party shall give prompt reasonable notice to the indemnifying party of the commencement of said action. The indemnified party shall have the right but not the obligation to participate in decisions relating to its own defense and settlement in the action. Should the indemnified party choose to so participate, then in that event, both the indemnified party and the indemnifying party consent and agree to any settlement of such action, except that if the indemnifying party has reached a bona fide settlement agreement with the adverse party and the indemnified party does not consent to such settlement agreement, such settlement agreement shall act as an absolute maximum limit on the indemnification obligation of the indemnifying party to the indemnified party.
If any such action includes both the indemnified party and the indemnifying party and the indemnified party shall have reasonably concluded that its legal defense in the action are in conflict with the interests of the indemnifying party, then the indemnified party shall have the right to select separate counsel and to control its own defense of such action, and the fees and disbursements of such separate counsel shall be included in the amount to be indemnified, subject to the remaining terms and conditions of this Agreement.
d) Each party hereto agrees to cooperate fully with the other in the event of suit against one, brought by any third party. In the event one Party learns of a suit or legal proceeding involving any aspect of the subject of this Agreement, then that party shall immediately advise the other in writing of the existence of the suit or proceeding. At the request of the Party named in the suit or proceeding, the other Party shall as soon as practicable provide the other with all documents, records, sworn affidavits, and other information reasonable and necessary for the named Party's defense. In the event both Parties are determined to have liability exposure in the suit or proceeding, they will make every reasonable effort to defend in a joint and cooperative manner.
e) Each party agrees that the provisions of this provision are binding upon the Parties before and subsequent to the termination of this Agreement and accordingly shall survive termination, and shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payment by any insurance procured or maintained by either party or their officers, partners, members, managers, employees, consultants and sub-consultants, successors, agents, and affiliates. The foregoing indemnification provisions are exclusive and are given and accepted in lieu of and to the exclusion of any and all other contractual, statutory or common law rights to indemnification.
The sole recourse of Licensee is against the Design firm, not against any representative, employee, principal or associate of such firm.
If any provision of these Terms are held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a party hereof, and the remaining provisions shall remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision, there shall be added automatically as a part of these Terms, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
Licensee, for itself and partners, if any, and Designer, for itself, each binds itself and its successors, executors, administrators and assigns to the other party to these Terms and to partners, successors, executors, administrators and assigns of such other party in respect to all covenants of these Terms. Neither Licensee nor Designer shall assign, sublet, or transfer their interest in these Terms without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Licensee and Designer.
Any claims or disputes made during design, construction, or post-construction between Licensee and Designer shall be submitted to non-binding mediation as a condition precedent to the initiation of binding dispute resolution. Licensee and Designer agree to include a similar mediation agreement with all contractors, sub-contractors, suppliers, and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. If such matter relates to or is the subject of a lien arising out of Designer’s services, Designer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or other legal proceedings. Designer is entitled to recover interest, reasonable attorney’s fees, and all other costs of litigation from the non-prevailing party in any binding dispute resolution or legal proceeding brought under or related to services rendered by Designer described in these Terms.
Designer shall not be required to execute any document that would result in their certifying, guaranteeing or warranting the existence of conditions whose existence Designer cannot ascertain.