MIX MEDIA 5 LLC

DESIGN CONSULTING TERMS & CONDITIONS

Effective Date: 03/30/2026

These Design Consulting Terms & Conditions (“Terms”) establish the terms governing design consulting and related creative services provided by Mix Media 5 LLC (“Mix Media 5,” “MMV,” “we,” “us,” or “our”) to a client (“Client,” “you,” or “your”).

These Terms are intended to work together with the applicable Mix Media 5 website Terms & Conditions, Privacy Policy, Return/Refund Policy, and any project-specific proposal, estimate, invoice, statement of work, or other written agreement issued by Mix Media 5.

By engaging Mix Media 5 for design consulting services, approving a proposal, paying a deposit or consultation fee, or otherwise authorizing work to begin, Client acknowledges and agrees to these Terms.

1. DESIGN CONSULTING SERVICES

Mix Media 5 provides creative and design consulting services that may include, depending on the scope of a particular project:

• Interior design consulting

• Interior styling and space planning

• Residential and commercial design concepts

• Furniture, fixture, and accessory selections

• Finish, material, and color selections

• Cabinetry design and consultation

• Custom cabinetry concepts and design development

• Kitchen and bathroom design consulting

• Outdoor kitchen design and planning

• Outdoor living and entertaining-space concepts

• Mural design and creative direction

• Artwork selection, placement, and curation

• Custom artwork and creative installations

• Product and material sourcing

• Custom product development

• Branding and visual identity consulting

• Brand development and creative direction

• Creative strategy and concept development

• Design presentations and visual concepts

• Mood boards and material boards

• Renderings, elevations, drawings, sketches, and other visual design materials, when included in the agreed scope

• Vendor, fabricator, artisan, contractor, or trade-professional recommendations

• Project coordination related specifically to the design services provided by Mix Media 5

• Design consultation for custom residential, commercial, hospitality, retail, creative, and other environments

• Other related creative, design, consulting, and development services agreed upon in writing.

The specific services provided for a project will be identified in the applicable proposal, estimate, invoice, statement of work, or other written project documentation (“Project Agreement”).

Not every service listed in these Terms is included in every project.

2. PROJECT SCOPE

Each project will be based on an agreed scope of services.

The Project Agreement may identify:

• Services to be provided

• Project objectives

• Deliverables

• Design phases

• Number of concepts or design options

• Number of revisions

• Project schedule

• Estimated or fixed fees

• Consultation rates

• Deposits or retainers

• Procurement or purchasing fees

• Installation or coordination fees

• Reimbursable expenses

• Third-party services

• Client responsibilities

• Other project-specific conditions.

Mix Media 5 is not obligated to provide services outside the agreed scope unless the additional services are authorized in writing.

3. CONSULTATIONS

Design consultations may be offered as standalone services or as part of a larger project.

Consultations may include:

• Initial design assessment

• Review of existing spaces

• Design recommendations

• Color and material guidance

• Space-planning recommendations

• Furniture and décor recommendations

• Cabinetry consultation

• Outdoor kitchen consultation

• Branding consultation

• Mural or artwork consultation

• Product-development consultation

• Creative direction

• General design strategy.

Unless otherwise stated in writing, consultation fees compensate Mix Media 5 for professional time and creative expertise and are not refundable once the consultation has been performed.

A consultation does not automatically include drawings, renderings, purchasing, procurement, contractor coordination, installation management, or other services unless expressly included in the Project Agreement.

4. DESIGN PROCESS

Depending on the project, the design process may include:

Discovery

Understanding Client's goals, preferences, aesthetic direction, budget, functional requirements, timeline, and intended use of the space, product, brand, or creative project.

Concept Development

Development of one or more design directions, concepts, mood boards, palettes, sketches, layouts, or other creative materials.

Design Development

Refinement of approved concepts, including selections of materials, finishes, furnishings, fixtures, cabinetry, artwork, accessories, colors, graphics, or other elements.

Presentation

Presentation of design concepts and recommendations to Client for review.

Revisions

Reasonable revisions may be incorporated according to the number of revisions included in the Project Agreement.

Finalization

Preparation of approved design materials, selections, specifications, purchasing information, or other agreed deliverables.

Not every project will include every phase.

5. DESIGN REVISIONS

The number of design revisions included in a project will be stated in the Project Agreement.

A “revision” generally means a reasonable modification to an existing design direction.

A substantial change in direction may be considered a new design concept rather than a revision.

Examples may include:

• Changing an approved design concept entirely

• Requesting substantially different materials after approval

• Reconfiguring an approved layout

• Changing the project's intended use

• Adding rooms, areas, products, or services

• Requesting additional renderings or drawings

• Replacing previously approved selections after purchasing has begun.

Additional work may be billed at Mix Media 5's applicable hourly rate or through an additional project fee.

Mix Media 5 may require written approval of additional fees before beginning substantial additional work.

6. CLIENT RESPONSIBILITIES

Client agrees to provide accurate and timely information necessary for the project.

Client may be responsible for providing:

• Accurate measurements

• Existing plans or drawings

• Site information

• Photographs

• Project requirements

• Budget information

• Desired timeline

• Building restrictions known to Client

• HOA or property restrictions known to Client

• Access to the project site when required

• Timely decisions and approvals

• Information regarding existing conditions

• Contact information for relevant contractors, vendors, architects, engineers, or other professionals.

Delays in receiving information, decisions, approvals, payments, measurements, or access may affect the project schedule.

Mix Media 5 is not responsible for delays caused by Client or by third parties outside Mix Media 5's control.

7. MEASUREMENTS AND EXISTING CONDITIONS

Unless expressly stated otherwise, Client, contractor, architect, engineer, fabricator, or other qualified trade professional is responsible for verifying field measurements and existing site conditions.

Design concepts, drawings, sketches, renderings, dimensions, or other design materials prepared by Mix Media 5 are not necessarily construction documents.

Before fabrication, ordering, or installation, dimensions and specifications should be independently verified by the appropriate contractor, fabricator, installer, architect, engineer, or other qualified professional.

Mix Media 5 is not responsible for errors resulting from inaccurate information, measurements, drawings, site conditions, or specifications supplied by Client or third parties.

8. ARCHITECTURAL, ENGINEERING, AND CONTRACTING SERVICES

Unless separately stated and legally permitted, Mix Media 5 does not provide licensed architectural, structural engineering, mechanical engineering, electrical engineering, plumbing, construction, or contracting services.

Where a project requires professional architectural, engineering, construction, permitting, or other licensed services, Client may be responsible for retaining the appropriate licensed professional.

Mix Media 5 may coordinate creatively with architects, engineers, contractors, fabricators, installers, or other professionals, but such coordination does not make Mix Media 5 responsible for their professional services.

9. PERMITS, CODES, AND APPROVALS

Unless expressly included in the Project Agreement, Client and/or the appropriate licensed professional is responsible for obtaining:

• Building permits

• Planning approvals

• HOA approvals

• Zoning approvals

• Electrical permits

• Plumbing permits

• Structural approvals

• Fire or safety approvals

• Other governmental or regulatory approvals.

Mix Media 5 may provide design recommendations intended to support a project, but does not guarantee that a design will satisfy every applicable building code, zoning requirement, regulation, HOA requirement, or permitting authority.

Where required, designs should be reviewed by the appropriate licensed professionals and authorities having jurisdiction.

10. MATERIALS, FINISHES, AND PRODUCT SELECTIONS

Mix Media 5 may recommend or select:

• Cabinetry

• Countertops

• Tile

• Stone

• Wood

• Paint

• Wallpaper

• Hardware

• Plumbing fixtures

• Lighting

• Appliances

• Furniture

• Textiles

• Accessories

• Artwork

• Decorative objects

• Outdoor materials

• Building and finish materials

• Custom products

• Other design elements.

Material colors, textures, grain patterns, finishes, dimensions, and appearance may vary between samples, photographs, digital representations, and the final product.

Natural materials may contain variations, markings, veining, knots, grain differences, or other characteristics that are inherent to the material.

Such variations are not necessarily defects.

11. VENDORS, CONTRACTORS, FABRICATORS, AND THIRD PARTIES

Mix Media 5 may recommend vendors, contractors, artisans, fabricators, manufacturers, installers, designers, architects, engineers, or other professionals.

Recommendations are provided as a convenience and do not constitute a guarantee or warranty of the third party's:

• Workmanship

• Quality

• Pricing

• Availability

• Schedule

• Insurance

• Licensing

• Performance

• Reliability

• Financial condition

• Products or services.

Unless expressly agreed otherwise, the third-party provider remains solely responsible for its work and contractual relationship with Client.

Client should independently evaluate and contract with third-party providers as appropriate.

12. PROCUREMENT AND PURCHASING

When expressly included, Mix Media 5 may assist with procurement or purchasing of products and materials.

Procurement services may include:

• Obtaining pricing

• Requesting quotes

• Placing orders

• Coordinating deliveries

• Tracking orders

• Communicating with vendors

• Coordinating approved selections.

Procurement may be subject to separate fees, markups, commissions, handling charges, or purchasing terms identified in the Project Agreement.

Client acknowledges that vendor pricing, availability, lead times, shipping costs, tariffs, manufacturer policies, and other conditions may change without notice.

Mix Media 5 is not responsible for delays, discontinued products, manufacturer defects, shipping damage, vendor errors, or supply-chain interruptions outside its control.

13. CUSTOM ORDERS

Custom-made cabinetry, furniture, artwork, murals, fixtures, millwork, products, or other custom items may be subject to manufacturer, artisan, fabricator, or vendor terms.

Custom products may be non-refundable and non-cancellable once production has begun.

Client is responsible for reviewing and approving applicable dimensions, materials, finishes, colors, configurations, and specifications before production.

Once Client approves a custom order, changes may result in additional costs, delays, restocking charges, cancellation charges, or complete loss of the amount paid.

14. CABINETRY AND CUSTOM MILLWORK

Cabinetry and custom millwork projects may require coordination among Mix Media 5, Client, cabinet manufacturers, fabricators, contractors, installers, architects, and other professionals.

Unless expressly included, Mix Media 5 does not warrant:

• Structural adequacy

• Installation workmanship

• Wall or floor conditions

• Plumbing or electrical conditions

• Contractor workmanship

• Final field measurements

• Manufacturer tolerances

• Installation conditions.

Final field measurements should be verified by the appropriate installer, contractor, or fabricator before fabrication.

15. OUTDOOR KITCHEN AND OUTDOOR DESIGN

Outdoor kitchen and outdoor living design services may include conceptual layouts, material selections, appliance recommendations, finishes, cabinetry, furnishings, lighting concepts, and aesthetic direction.

Unless specifically included, Mix Media 5 does not provide engineering or construction services.

Outdoor projects may be affected by:

• Weather

• Drainage

• Grading

• Structural conditions

• Utilities

• Gas lines

• Electrical requirements

• Plumbing

• Building codes

• HOA requirements

• Environmental conditions.

The appropriate licensed professionals and contractors are responsible for technical verification and construction.

16. MURAL DESIGN AND ARTWORK

Mural and artwork services may include:

• Concept development

• Creative direction

• Sketches

• Color studies

• Digital concepts

• Artist selection

• Artwork sourcing

• Site-specific artwork concepts

• Coordination with artists or fabricators.

Unless expressly included, mural installation, surface preparation, structural work, permitting, and construction are not included.

Artwork may be subject to separate artist, gallery, licensing, production, or fabrication terms.

17. BRANDING AND CREATIVE CONSULTING

Branding services may include:

• Brand strategy

• Brand positioning

• Visual direction

• Creative concepts

• Logo development

• Color palettes

• Typography

• Brand applications

• Packaging concepts

• Product concepts

• Marketing direction

• Creative storytelling

• Brand development.

Unless expressly included, branding services do not automatically include trademark registration, legal clearance, copyright registration, advertising placement, public relations, media buying, website development, or ongoing marketing management.

Client is responsible for obtaining appropriate legal review of trademarks, copyrights, claims, registrations, and other legal matters.

18. DESIGN FEES

Fees may be structured as:

• Flat project fees

• Hourly consulting fees

• Design retainers

• Consultation fees

• Phase-based fees

• Procurement fees

• Project management or coordination fees

• Additional service fees

• Reimbursable expenses

• Vendor or production charges.

The applicable fee structure will be identified in the Project Agreement.

Unless otherwise stated, payments are due according to the payment schedule provided by Mix Media 5.

19. DEPOSITS AND RETAINERS

A deposit or retainer may be required before work begins.

Deposits and retainers reserve design time and initiate the project.

Unless otherwise expressly stated in writing, deposits or retainers are non-refundable to the extent permitted by applicable law once Mix Media 5 has committed time, resources, or services to the project.

A deposit does not necessarily constitute full payment for the project.

20. LATE PAYMENTS

Amounts not paid when due may result in:

• Suspension of services

• Delayed deliverables

• Delayed purchasing

• Cancellation or postponement of orders

• Additional administrative fees where permitted by law

• Other remedies available under the Project Agreement or applicable law.

Mix Media 5 may suspend work until outstanding balances are paid.

21. EXPENSES AND THIRD-PARTY COSTS

Client may be responsible for expenses incurred on Client's behalf, including, where applicable:

• Samples

• Shipping

• Delivery

• Freight

• Storage

• Installation

• Fabrication

• Printing

• Photography

• Travel

• Parking

• Permit fees

• Vendor fees

• Contractor fees

• Artisan fees

• Material costs

• Production costs.

Unless expressly stated otherwise, third-party costs are separate from Mix Media 5's design fees.

22. SHIPPING, DELIVERY, STORAGE, AND INSTALLATION

Unless otherwise agreed, Client is responsible for shipping, delivery, storage, installation, and related third-party costs.

Large-scale, oversized, fragile, custom, or specialty items may require specialized shipping or handling.

Mix Media 5 may assist in coordinating these services but does not guarantee third-party shipping or installation performance.

23. DESIGN APPROVALS

Client is responsible for reviewing and approving designs, selections, specifications, estimates, and orders.

Client's approval may authorize Mix Media 5 to proceed with production, procurement, fabrication, or ordering.

Client should carefully review:

• Dimensions

• Materials

• Colors

• Finishes

• Quantities

• Product specifications

• Layouts

• Pricing

• Vendor information

• Shipping details

• Installation requirements.

Mix Media 5 is not responsible for Client-approved errors or changes made after approval.

24. CHANGE ORDERS AND SCOPE CHANGES

Changes requested after approval may affect project fees and timelines.

A change may include:

• Adding services

• Removing services

• Changing materials

• Changing layouts

• Changing products

• Adding rooms or spaces

• Changing project objectives

• Requiring additional meetings

• Requesting additional design concepts

• Changing previously approved selections.

Additional work may require a written change order or revised estimate.

25. PROJECT TIMELINES

Mix Media 5 will make reasonable efforts to meet estimated project schedules.

Unless expressly stated otherwise, project timelines are estimates and are not guaranteed.

Schedules may be affected by:

• Client delays

• Late approvals

• Vendor delays

• Manufacturing delays

• Shipping delays

• Material shortages

• Contractor schedules

• Permitting

• Weather

• Unforeseen site conditions

• Changes in scope

• Other circumstances outside Mix Media 5's reasonable control.

26. INTELLECTUAL PROPERTY

Unless otherwise agreed in writing, Mix Media 5 retains ownership of its original:

• Design concepts

• Drawings

• Sketches

• Renderings

• Templates

• Presentations

• Mood boards

• Specifications

• Branding concepts

• Creative strategies

• Written materials

• Design systems

• Other original creative materials.

Upon full payment, Client receives a limited license to use the final approved deliverables for the specific project and purpose for which they were created.

Client may not reproduce, resell, distribute, modify, license, or commercially exploit Mix Media 5's underlying design materials without written permission, except as expressly permitted by the Project Agreement.

27. THIRD-PARTY INTELLECTUAL PROPERTY

Design projects may incorporate products, artwork, photographs, trademarks, fonts, materials, manufacturer specifications, or other intellectual property owned by third parties.

Mix Media 5 does not transfer ownership of third-party intellectual property.

Client is responsible for complying with applicable third-party licensing and usage requirements.

28. PORTFOLIO AND PROJECT PHOTOGRAPHY

Unless Client has requested confidentiality in writing and Mix Media 5 has agreed to such confidentiality, Mix Media 5 may photograph or document completed projects for:

• Portfolio purposes

• Website content

• Social media

• Marketing

• Advertising

• Editorial submissions

• Awards

• Case studies

• Business presentations.

Mix Media 5 will make reasonable efforts to respect Client's privacy and any agreed confidentiality restrictions.

29. CONFIDENTIALITY

Each party agrees to use reasonable care in protecting confidential information received from the other party.

Confidential information may include:

• Private business information

• Financial information

• Personal information

• Proprietary business strategies

• Unreleased product information

• Confidential project information.

Information that is publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law is not considered confidential under these Terms.

30. CLIENT-PROVIDED MATERIALS

Client represents that Client has the legal right to provide Mix Media 5 with any photographs, artwork, logos, trademarks, plans, drawings, text, images, or other materials supplied for use in the project.

Client agrees not to provide materials that infringe another person's intellectual property or other legal rights.

Client is responsible for obtaining necessary permissions for Client-provided materials.

31. NO GUARANTEE OF OUTCOME

Design and creative consulting are inherently subjective.

Mix Media 5 does not guarantee:

• A particular aesthetic result

• A particular resale value

• Increased property value

• Increased sales

• Increased brand recognition

• Increased revenue

• Customer response

• Media attention

• Business performance

• Market acceptance.

Recommendations are based on Mix Media 5's professional experience, creative judgment, available information, and the agreed project objectives.

32. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Mix Media 5 will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the services.

Mix Media 5 is not responsible for losses caused by third-party vendors, contractors, manufacturers, installers, architects, engineers, shipping companies, or other independent providers.

Any limitation of liability is subject to applicable law and does not limit liability that cannot legally be limited.

33. CLIENT INDEMNIFICATION

To the extent permitted by law, Client agrees to indemnify and hold Mix Media 5 harmless from claims, damages, losses, liabilities, and expenses arising from:

• Client's breach of these Terms

• Client-provided materials

• Client's unauthorized use of design materials

• Client's agreements with third parties

• Construction or installation performed by third parties

• Client's failure to obtain required permissions or approvals

• Client's violation of applicable laws or regulations.

This provision does not apply to the extent a claim is caused by Mix Media 5's own negligence, willful misconduct, or other conduct for which indemnification cannot legally be required.

34. CANCELLATION BY CLIENT

Client may request cancellation of a project by providing written notice.

Cancellation does not eliminate Client's obligation to pay for:

• Services already performed

• Approved work

• Non-refundable fees

• Purchased materials

• Custom orders

• Vendor charges

• Third-party services

• Shipping or delivery costs

• Work committed or ordered on Client's behalf

• Other non-refundable expenses.

Where applicable, cancellation fees will be identified in the Project Agreement.

35. TERMINATION BY MIX MEDIA 5

Mix Media 5 may suspend or terminate services if:

• Client fails to make required payments

• Client repeatedly fails to provide necessary information or approvals

• Client materially changes the project scope without agreement

• Client engages in abusive, threatening, discriminatory, or inappropriate conduct

• Continuing the project would violate applicable law

• A third-party condition makes completion impractical

• Other material circumstances prevent Mix Media 5 from reasonably continuing the engagement.

Client remains responsible for amounts due for services performed and expenses incurred before termination.

36. PAUSE OR DELAY OF PROJECT

If a project is inactive for an extended period due to Client's actions or failure to provide required information, Mix Media 5 may place the project on hold.

Resuming a paused project may require:

• Updated pricing

• Revised schedules

• New vendor pricing

• Additional design fees

• Reconfirmation of product availability

• A new project agreement.

37. FORCE MAJEURE

Mix Media 5 is not responsible for delays or inability to perform caused by circumstances beyond its reasonable control, including:

• Natural disasters

• Fire

• Flood

• Severe weather

• Epidemics or pandemics

• Government actions

• Labor disruptions

• Material shortages

• Transportation disruptions

• Supply-chain interruptions

• Utility failures

• Acts of war or terrorism

• Other circumstances beyond reasonable control.

38. ELECTRONIC COMMUNICATIONS

Client agrees that project communications may occur through email, electronic messaging, digital project-management systems, video conferencing, or other electronic means.

Electronic approvals may constitute written approval where legally enforceable.

Client is responsible for reviewing communications and responding within a reasonable period.

39. WEBSITE AND GENERAL MIX MEDIA 5 POLICIES

These Design Consulting Terms supplement the general Mix Media 5 website policies.

The general Mix Media 5 website Terms & Conditions govern use of the website, while these Design Consulting Terms govern design consulting services.

If there is a conflict between these Terms and a project-specific written agreement, the project-specific agreement will control with respect to that project.

40. GOVERNING LAW

These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute-resolution provisions contained in a separate Project Agreement may apply to the specific engagement.

41. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

42. NO WAIVER

A failure by Mix Media 5 to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision or any other provision in the future.

43. ENTIRE AGREEMENT

These Terms, together with the applicable Project Agreement, proposal, estimate, invoice, statement of work, and any other written documents expressly incorporated into the engagement, constitute the agreement between Mix Media 5 and Client concerning the applicable design consulting services.

44. CHANGES TO THESE TERMS

Mix Media 5 may update these Terms from time to time.

The version applicable to a particular project will generally be the version in effect when the Client enters into the applicable Project Agreement, unless otherwise agreed in writing.

45. CLIENT ACKNOWLEDGMENT

By engaging Mix Media 5 for design consulting services, Client acknowledges that Client has had the opportunity to review these Terms and understands that:

• Design consulting services are separate from construction services.

• Third-party vendors and contractors are independent providers unless expressly agreed otherwise.

• Client is responsible for timely decisions and approvals.

• Additional services may result in additional fees.

• Custom products may be non-refundable and non-cancellable.

• Design concepts and creative materials remain subject to applicable intellectual-property rights.

• Technical, architectural, engineering, permitting, and construction matters may require appropriately licensed professionals.

• Project-specific terms may supplement or modify these general Terms.

CONTACT

Mix Media 5 LLC
Los Angeles, California
Website: mixmedia5.com

For questions regarding these Design Consulting Terms & Conditions or a specific design engagement, please contact Mix Media 5 through the contact information provided on the MixMedia5.com website.

© Mix Media 5 LLC. All rights reserved.