Returns, Product Care, and Sample Contra

Returns, Product Care, and Sample Contracts

Return policy for fine and functional art produced from Lifestyles by Bean LLC.

Returns are allowed within 10 days of purchase. We want you to be completely satisfied with your purchase. You can return the goods within 14 days of receipt for a refund (please note that the refund will exclude the shipping costs).

All other returns

All other returns will need to follow the policy of the vendor or other comparable, “to-the-trade“sources where the items were purchased. We do not accept returns on mattresses or box springs, custom-made or custom-finished items, custom-cut fabrics, or custom artwork.

Materials and Cleaning

All cuffs and crocheted items are OOAK with custom made beads. Yarn, cording, and thread is a combination of silk, cotton, polyester, nylon, polyolefin, acrylic, and Alpaca. Yarns and findings are collected from makers around the world during my travels. Please see the about page for the inspiration of this collection. Most cuffs have a hidden closure system- gently pull on one or more of the beads to adjust the fit. All items have been hand washed after completion. Gentle hand washing is recommended. Custom orders accepted- please contact Bean to discuss options.

Lifestyles by Bean Interior Design and Consultation policies.

Sample DESIGN AGREEMENT

THIS AGREEMENT is made as of the date below by and between Lifestyles by Bean LLC and the undersigned owner(s) (“Owner”).

ARTICLE 1: SCOPE OF SERVICES

a) Consultation. Lifestyles by Bean LLC will act as designer and consultant and work with Owner to develop a design concept for the specified interior and/or exterior areas of the Owner’s property at PROJECT ADDRESS IDENTIFIED ON DESIGN PROSPOSAL (the “Premises”) including architectural finish selections (the “Finishes”) and furnishings, lighting, accessories, and comparable interior accents (the “Furnishings”). Upon receipt of retainer Lifestyles by Bean LLC will begin design plans and documents.

b) Design Plan and Budget. Lifestyles by Bean LLC shall prepare and deliver to Owner:

(i) a written design concept (the “Design Plan”) for the interior and/or exterior of the Premises reasonably specifying the Finishes and/or Furnishings;
(ii) a selection sheet (the “Selections”) reasonably specifying the Finishes necessary for construction; and/or
(iii) a budget estimate (the “Budget”) based on the cost of all of the selected Furnishings in connection with the Design Plan. Your design package includes

one initial inspiration/programming meeting
2 Options for each room at Design Presentation 1
1 revision after Design Presentation 1, which will be finalized and presented at Design Presentation 2.

Final schematic design drawings & finish schedule provided 2 - 6 weeks after Design Presentation 2.

c) Owner Approval. Lifestyles by Bean LLC shall present the Design Plan, Selections and/or Budget to Owner for review and approval. Owner shall notify Lifestyles by Bean LLC in writing within fifteen (15) days after delivery to Owner of the Design Plan and Budget either

(i) agreeing to the Design Plan, Selections and/or Budget, and authorizing Lifestyles by Bean LLC to proceed to a. purchase the Furnishings and/or b. submit Selections to builder/contractor;
(ii) requesting revisions to the Design Plan and Budget to meet Owner’s specifications; or
(iii) rejecting the Design Plan, Selections and/or Budget and terminating this Agreement (forfeiting your retainer per 2.2 and offering immediate payment of fees per 2.1). If Owner fails to notify Lifestyles by Bean LLC of how Owner elects to proceed, Owner shall be deemed to have rejected the Design Plan, Selections and/or Budget and to have terminated this Agreement. Owner agrees that submission of 50% of the budget constitutes acceptance of the Design Plan, Selections and/or Budget, and Owner is bound by the design concept in the Design Plan and obligated to pay Lifestyles by Bean LLC as provided in the Budget and in accordance with the terms of this Agreement. Subject to Section 2.4 below, Owner may not reject the Furnishings or rescind acceptance of the Design Plan or Selections at any time after acceptance of the Design Plan and Budget.

d) Furnishings. Upon receipt of Owner’s written approval of the Design Plan and Budget, Lifestyles by Bean LLC shall purchase the Furnishings and implement the Design Plan in accordance with the Budget and payment schedule. Any furnishings reflected on the Design Plan and Budget will be purchased by Lifestyles by Bean LLC at agreed upon rates reflected in 2.3 and 2.4.

e) Finishes. Upon receipt of Owner’s written approval of the Design Plan and Selections, Lifestyles by Bean LLC shall provide all necessary information regarding the Finishes to owners specified architect, builder or contractor.

f) Installation. Lifestyles by Bean LLC agrees to assist in the coordination of the (a) implementation of the Design Plan regarding Furnishings; (b) installation of the Furnishings (the “Installation”); and (c) labor in placement of the Furnishings upon delivery of the Furnishings to the Premises. The estimated date for Installation shall be ten (10) to twenty (20) weeks after delivery of Owner’s approval of the Design Plan and Budget to Lifestyles by Bean LLC and payment by Owner to Lifestyles by Bean LLC of fifty percent (50%) of the estimated cost of the Furnishings according to the approved Budget and payment schedule. Lifestyles by Bean LLC will not supervise the installation of Finishes (industry standard practice as the contractor/builder directly supervises the installation of Finishes); however, upon the specific request by Owner, or at Lifestyles by Bean LLC sole discretion, Lifestyles by Bean LLC may review Finishes to assist Owner in directing the builder/contractor, in which case Owner hereby releases Lifestyles by Bean LLC from all liability associated with Lifestyles by Bean LLC supervision of the installation of Finishes.

g) Replacements/Substitutions. If any Furnishings or Finishes are unavailable, damaged or delayed in shipment to Lifestyles by Bean LLC, Lifestyles by Bean LLC reserves the right to substitute Furnishings or Finishes that are substantially similar to the unavailable, damaged or delayed Furnishings or Finishes, if such replacement Furnishings or Finishes, in Lifestyles by Bean LLC reasonable judgment, are consistent with the Design Plan and Budget. This replacement/substitution may result in additional Fees and revisions to the Budget. Owner will be made aware of these changes.

1.8 Copyright Ownership. Owner hereby grants to Lifestyles by Bean LLC an exclusive, non-transferable, irrevocable, limited license and right of use of photographs and/or videos of Owner’s Premises made by Lifestyles by Bean LLC personnel before and after the completion of each Design Plan. Owner also grants to Lifestyles by Bean LLC a limited license and right of use any photograph and/or video of all other distinctive and identifying project worked by Lifestyles by Bean LLC or Lifestyles by Bean LLC personnel, for the sole purpose of marketing, advertising, promotion and selling Lifestyles by Bean LLC services whether in print or electronic means, all without any payment of compensation or royalties to Owner.

ARTICLE 2): FEES

a) Consultation. For consultation and design development services, Owner agrees to pay Lifestyles by Bean LLC the flat consultation fee defined on Lifestyles by Bean LLC CONSULTATION PROPOSAL. By signing the DESIGN PROPOSAL, Owner agrees that the package includes the following items:

One initial inspiration/programming meeting
Two options for each room at Design Presentation 1
One revision request after Design Presentation 1, which will be finalized and presented at Design Presentation 2.

Final schematic design drawings & finish schedule provided 2-6 weeks after DP2. In the event of termination of this Agreement by Lifestyles by Bean LLC due to Owner’s uncured breach or by Owner for any reason other than an uncured breach by Lifestyles by Bean LLC, Owner shall forfeit the Retainer and shall be responsible for payment of any unused package hours subscribed to by Owner at the time of such termination.

b) Retainer. Owner shall pay to Lifestyles by Bean LLC a non-refundable RETAINER FEE IDENTIFIED ON DESIGN PROPOSAL (the “Retainer”) upon execution of this Agreement. Thereafter, Owner shall promptly pay Lifestyles by Bean LLC the balance of the design fee upon written request and prior to Design Presentation 2.

c) Procurement Payments. Owner shall pay to Lifestyles by Bean LLC i) the cost of Furnishings to be purchased by Lifestyles by Bean LLC in the implementation of the Design Plan and (b) any additional charges described in Section 2.4 hereof upon written notice to Owner by Lifestyles by Bean LLC and prior to the installation of the Furnishings to the Premises. Lifestyles by Bean LLC will not be paid a procurement payment for any items purchased or commissioned by Owner directly from a retail vendor (“Third Party Materials”). Owner acknowledges and agrees that Owner shall be solely responsible for the ordering, purchase, payment, transportation, shipment and storage of all Third Party Materials and that Lifestyles by Bean LLC shall not be liable for any claims, damages or liabilities associated with Third Party Materials.

d) Additional Charges and Discounts. In the event Owner changes or revises the Design Plan after Owner has approved such Design Plan and Lifestyles by Bean LLC has purchased the Furnishings, Owner shall be responsible for the full payment of the Design Plan and furnishings as reflected in the Budget and the full cost and expense of all changes and revisions, including any fees, costs and expenses incurred by Lifestyles by Bean LLC to implement such changes and revisions. Owner acknowledges that the purchase of all furnishings may be done independently of Lifestyles by Bean LLC if that is the preference of the owner. Purchases made by Lifestyles by Bean LLC through Dixie Textile and Supply Co or other comparable, “to-the-trade“ sources shall be sold to the Owner at a fifteen percent (15%) discount off of such “to-the-trade“ source’s retail list price. If purchases are made by Lifestyles by Bean LLC through other commercial retail stores (other than Third Party Materials), Owner shall pay the retail list price charged by such retail store plus fifteen percent (15%). No charges for design time will be assessed for purchasing, expediting, quality assurance, or other work done by Lifestyles by Bean LLC purchasing agents.

e) Reimbursable Expenses. In addition to the foregoing, Owner shall reimburse Lifestyles by Bean LLC for the following out-of-pocket expenses incurred by Lifestyles by Bean LLC in connection with Lifestyles by Bean LLC performance of its obligations under this Agreement: architectural renderings, outsourced CAD fees when on an expedited schedule (beyond typical 10 – 16 weeks), bond plots, Federal Express, UPS, DHL and other courier service charges and fees and reasonable travel, lodging and meal expenses incurred in connection with additional travel not provided for in this Agreement (the “Reimbursable Expenses”). Reasonable travel expenses shall include direct or non-stop airplane flights on full service, national carriers such as Continental Airlines as well as time and mileage when traveling by car (cost per mile based on current US gov rates) and any parking fees. On or by the 10th day of the month following each month when Reimbursable Expenses are incurred, Lifestyles by Bean LLC shall submit to Owner a monthly statement setting forth the Reimbursable Expenses incurred for the prior month (the “Reimbursable Expenses Statement”). With such Reimbursable Expenses Statement (with client request), Lifestyles by Bean LLC shall furnish invoices, receipts and other evidence in support of Lifestyles by Bean LLC Reimbursable Expenses. Within 14 days after receipt of a Reimbursable Expenses Statement, Owner shall reimburse Lifestyles by Bean LLC for the Reimbursable Expenses reflected therein.

2.6. Payment Terms. Invoicing of the Design Package will occur in 2 parts: (1) retainer to be received prior to design work commencing and (2) balance payment due prior to Design Presentation 2. Invoicing of the reimbursable fees will occur on the 10th of each month and will be due and payable by Owner no later than fifteen (15) days after Owner’s receipt of such invoice. Accounts unpaid 30 days after invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance. The client shall pay costs of collection, including reasonable attorney’s fees in the event any portion or all of an account remains unpaid 90 days after billing. The project site owner agrees that Lifestyles by Bean LLC shall have the right to file a mechanics lien on the property described herein should any payment due Lifestyles by Bean LLC remain unpaid. Any Furnishings to be purchased by Lifestyles by Bean LLC will require a fifty percent (50%) deposit upon Owner’s written acceptance of the Design Budget and the balance shall be paid upon written request and prior to furniture installation.

ARTICLE 3): OWNER’S COVENANTS

a) Risk of Loss. Owner covenants and agrees that it shall bear all risk of loss and damage to the Furnishings after Installation. Owner shall at all times bear risk of loss or damage in respect of all Third Party Materials. In the event of loss or damage to any Furnishing, Owner will be charged for any replacements at the retail cost plus any fees or expenses incurred by Lifestyles by Bean LLC in ordering the replacement Furnishings.

b) Inspections. Owner covenants and agrees that Owner and its representatives or agents shall be responsible for the receipt, inspection and acceptance of the Furnishings at the time of their delivery to the Premises and Owner shall be estopped from later claiming any damage or imperfections to the Furnishings after Installation.

3.3 Permits. Environmental design projects often require various types of government approval, such as building permits or zoning reviews. The Owner is responsible for these.

ARTICLE 4): MISCELLANEOUS

a) APPLICABLE LAW; VENUE. THE CONSTRUCTION, ENFORCEMENT, INTERPRETATION AND VALIDITY OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ITS CHOICE OF LAW PROVISIONS. THE OBLIGATIONS OF THE PARTIES ARE PERFORMABLE IN ORANGE COUNTY, FLORIDA AND THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISIDICTION AND VENUE OF ALL STATE AND FEDERAL COURTS LOCATED IN ORANGE COUNTY, FLORIDA WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF THIS AGREEMENT.

b) Counterpart Execution. This Agreement may be executed in one or more counterparts, each of which shall be fully executed as an original and all of which together shall constitute one and the same instrument.

c) Litigation. In the event of litigation between the parties with respect to this Agreement, the performance of the obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys’ fees and costs.

d) Benefit. This Agreement is for the benefit only of the parties hereto or their respective heirs, personal representatives, successors and assigns, and no other person or entity shall be entitled to rely hereon, receive any benefit herefrom or enforce against any party hereto any provision hereof.

e) Assignment. Neither Lifestyles by Bean LLC nor Owner shall assign or otherwise transfer this Agreement or its rights hereunder without the prior written consent of the other party.

f) Termination. This Agreement may be terminated in the following circumstances: by the non-breaching party if the other party is in material breach of any of its obligations hereunder and fails to remedy such breach within fifteen (15) days of receipt of a written notice by the other party which specifies the material breach; by a party if the other party has a receiver appointed, or an assignee for the benefit of creditors, or in the event of any insolvency or inability to pay debts as they become due by the other party, except as may be prohibited by applicable bankruptcy laws; or, automatically pursuant to Section 1.3.

4.7 Force majeure This refers to any event or effect that cannot be reasonably anticipated or controlled. If such an event occurs (for example, a war, a labor strike, extreme weather or an earthquake) it may delay or terminate the project without putting the designer or client at fault.

[SIGNITURE ON DESIGN PROPOSAL INDICATES ACCEPTANCE OF TERMS AND SHALL SERVE AS A BINDING AGREEMENT]

Consultation fee= $89

CONSULTATION PROPOSAL

Package includes the following items: one initial inspiration/programming meeting. (Approximately 1 hr.)

Retainer = Hourly: $143

This is possibly the simplest method. This rate structure works great for smaller projects with limited amount of time required for completion. The cost-per-hour takes into account travel time, visits to your space, shopping time, email or phone conversations, or other hours indirectly spent on your space. This does not, however, include furnishings or materials.

This rate is used for the DESIGN PROPOSAL

We also offer flat rate packages per room.

Flat Rate: Based on your project size and needs, a flat fee for your space can be determined after the initial consultation. The contract will clearly list what would be included for this fee, along with how many revisions are available and the contract’s expiration date (when the project will be completed).

We also offer a monthly retainer for Inspired Living.

Monthly retainer= $395

The consultation price of this arrangement is based on an agreed amount to be paid each month before work is done. This Includes:

Weekly 1 hour phone coaching sessions to discuss your changes, strategize, make new “floor plans and blue prints” and discuss inspirations
On demand coaching calls – If you need an ear to make it through the week- text or email and we can book the next available opportunity for us both
Email and text support between sessions- share a win! Need some words of encouragement?
Email summaries of all “blueprint” sessions with action items and helpful reminders to encourage inspiration + growth
Daily coaching lessons delivered via email, designed to inspire + reinforce new, healthier habits and “floorplans”
Assistance in tracking of your progress
A relationship built on finding “your solutions” to a healthy way forward
A comprehensive look at your views and relationship with food
A comprehensive look at your surroundings and how they are impacting your inspiration
Inner and Outer exploration of lifestyle, beliefs, and self-talk. “Floorplans and Blueprints” designed to create new confidences, habits and skills

Discounted (optional) ongoing support for clients who want to extend our coaching relationship for a year

This monthly service can be cancelled at any time.

Sample Monthly Retainer Agreement

RETAINER/PAYMENT. Client will pay a retainer to for Lifestyle Services in the amount of $395 a month. (Prorated to meet/adjust to a calendar month)This fee will be payable in advance upon contract signing. This pro-rated retainer is non-refundable. Upon depletion of the month’s retainer, Client can choose to continue month to month paying by day 3 of the next calendar month.

Cancellation of monthly retainer. This Agreement shall terminate automatically upon completion of calendar month, by or client. This agreement does not auto renew unless client agrees to a discounted rate for longer terms.

This will constitute an agreement between (client) and Lifestyles by Bean LLC for (lifestyle consultation) services for the period (date) to (date). During this period, Lifestyles by Bean LLC agrees to devote up to (6) hours per month on assignments to be determined by (client needs). Work will normally be performed over the phone by Lifestyles by Bean LLC but occasionally may take place at other locations, as required. Calls and scheduling will be at the discretion and coordination of (client) and Lifestyles by Bean LLC. Payment for these services will be made to Lifestyles by Bean LLC at the rate of $395 per month and will be made prior to consultation. Services in addition to (hours) per month will be made available by Lifestyles by Bean LLC at the rate of $143 per hour and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be invoiced separately. Examples of such expenses are: delivery services, long-distance telephone calls, travel beyond 25 miles from Lifestyles by Bean LLC. All invoices will be due within 3 days of receipt. The results of any and all work performed by Lifestyles by Bean LLC for (client), including original creative work, will remain the property of the (client). (Client) may use this material in any way deemed appropriate. In case of termination, Lifestyles by Bean LLC will return the prorated portion of the month within 15 days of written termination.

Either party can terminate the agreement for any reason written notice to cancel. If (client) does not provide proper notice the month it intends to cancel, retainer fees are forfeited in full for that month.

These prices are subject to change- posted 2/8/2018