Terms of Engagement

Last Updated: October 2026

Regenerative Designs (ABN: 704 707 974 38)

Principal Designer: Justin Nigh | Sunshine Coast, Queensland, Australia

These Terms of Engagement ("Terms") govern all professional services, architectural master planning, site diagnostics, tender administration, and design oversight provided by Regenerative Designs ("we", "us", "our") to the property owner or authorized client ("you", "your", "Client").

By engaging our services—whether by booking an on-site consultation, paying an invoice, or digitally executing a Design Proposal—you agree to be bound by these Terms.

1. Architectural Scope & Phased Methodology

Our landscape architectural design process is grounded in the systematic spatial design principles of James Hiss and Norman Booth (Residential Landscape Architecture). Services are executed through sequential, stage-gated phases:

  • Initial Diagnostic Consultation: A dedicated, paid on-site diagnostic assessment (typically 75–90 minutes) evaluating microclimates, overland hydrology, sightlines, structural level changes, and lifestyle briefs.

  • Phase 1: Site Inventory & Analysis: Translating registered boundary surveys, architectural house plans, and on-site measurements into a digital base map. Mapping solar vectors, prevailing breezes, slope gradients, and utility constraints.

  • Phase 2: Functional Diagramming (Spatial Strategy): Preparing abstract "bubble diagrams" to determine the relative scale, proximity, and circulation flow of distinct outdoor rooms prior to introducing aesthetics or materials.

  • Phase 3: Conceptual Design: Translating approved functional bubble diagrams into scaled, two-dimensional geometric layouts (rectilinear, curvilinear, or combined) accompanied by section elevations and material/botanical palettes.

  • Phase 4: Master Plan & Technical Documentation: Final CAD drafting producing dimensioned architectural layouts (set-outs, finished floor levels), comprehensive botanical schedules (genus, species, pot sizes, quantities), hardscape finishes schedules, and schematic lighting/irrigation layouts.

2. Fees, Commencement-Billing & Invoicing

To safeguard the intellectual property developed throughout our spatial design process, Regenerative Designs operates strictly under a Commencement-Billing Model. Drafting for any phase begins only after the milestone fee for that phase has been settled in full.

Unless specified otherwise in a custom written Design Proposal, design fees are apportioned as follows:

  • Initial Consultation: Fixed fee payable at the time of booking via our online scheduling portal.

  • Milestone 1 — Project Commencement (Phases 1 & 2): 40% of the total design fee, invoiced upon execution of the Design Proposal. Covers site data integration, microclimatic analysis, and functional diagramming.

  • Milestone 2 — Conceptual Design (Phase 3): 30% of the total design fee, invoiced upon Client sign-off of the Spatial Strategy / Functional Diagrams. Covers geometric plan development, spatial elevations, and material palettes.

  • Milestone 3 — Master Plan Documentation (Phase 4): 30% of the total design fee, invoiced upon Client approval of the Concept Plan. Covers final technical CAD drawings, botanical schedules, finishes specifications, and handover documentation.

Payment Terms: Invoices are due within 7 calendar days of issuance unless otherwise stated. Work on subsequent milestones will be placed on hold until outstanding invoices are settled. Payments not received within 14 days of the due date may incur interest at 2.5% per month or the maximum statutory rate allowed under Queensland law.

3. Client Responsibilities & Base Data

The accuracy of our spatial master plans relies directly on the accuracy of the base data provided.

  • Survey & House Plans: The Client must provide scaled digital (PDF or CAD) copies of a registered boundary/contour survey, architectural house plans (including floor levels and elevations), and as-constructed drainage diagrams.

  • Survey Discrepancies: Regenerative Designs does not provide registered land surveying. If boundary markers are absent or contour data is unavailable, we may require you to engage a registered cadastral surveyor at your own expense prior to drafting. We accept no liability for discrepancies arising from inaccurate client-supplied surveys or drawings.

  • Site Access: The Client must provide safe, unhindered access to all outdoor areas of the property for scheduled on-site assessments and inspections.

  • Consolidated Feedback: Design reviews require deliberate, consolidated feedback. The Client agrees to provide feedback via our structured review forms within seven (7) business days of presentation delivery to maintain project momentum.

4. Revisions & Scope Variations

  • Included Revisions: Milestone fees include up to one (1) round of consolidated revisions at the Concept Design phase (Phase 3), provided the requested revisions align with the previously approved Functional Diagram (Phase 2).

  • Fundamental Scope Changes: If the Client requests structural layout adjustments that directly contradict previously approved milestones (e.g., relocating an approved swimming pool terrace or altering the primary design style after conceptual drafting has begun), such changes constitute an Out-of-Scope Variation.

  • Additional Work: Out-of-scope drafting, supplementary design options, or additional client meetings will be billed at our standard studio hourly rate of $180 + GST per hour, subject to prior written approval from the Client.

5. Intellectual Property & Copyright License

  • Ownership of Instruments of Service: All preliminary sketches, site analyses, functional bubble diagrams, concept drawings, master plans, CAD models, botanical schedules, and specifications prepared by Regenerative Designs are "Instruments of Service." Copyright and intellectual property rights in these works remain the exclusive property of Justin Nigh and Regenerative Designs.

  • Client License: Upon full settlement of all professional fees owing under the Design Proposal, the Client is granted a revocable, non-exclusive, single-use license to utilize the Master Plan drawings solely for the construction of the landscape on the specific property referenced in the agreement.

  • Prohibited Uses: The Master Plan and Instruments of Service may not be reused, copied, adapted, sold, transferred to another property, or used for any development other than the identified project without express written permission and additional licensing agreements from Regenerative Designs.

  • CAD / Vector Files: Handover deliverables are provided in high-resolution, print-ready PDF format. Raw DWG, CAD, Vector, or 3D source files remain proprietary to our studio and are not released as standard deliverables.

6. Statutory Limitations & QBCC Regulatory Compliance

To ensure absolute legal clarity under Queensland building and construction law:

  • Design Consultant Capacity: Regenerative Designs operates solely as an independent Landscape Architectural Design Consultant. Neither Justin Nigh nor Regenerative Designs acts as a Principal Contractor, Head Contractor, Structural Builder, Certifier, or Superintendent under the Queensland Building and Construction Commission Act 1991 (QBCC Act).

  • Construction Contract Separation: The contract for the physical installation of the landscape is formed directly between the Client and an independent, licensed QBCC Structural Landscape Contractor.

  • Statutory Approvals & Exclusions: Unless explicitly added to the proposal under a managed disbursement arrangement, our design fee excludes:

    • Council Development Applications (DA) and Building Applications (BA).

    • Structural engineering calculations, soil testing, and Form 15 / Form 16 compliance certificates (e.g., for retaining walls exceeding 1 meter, swimming pools, or suspended concrete decks).

    • Private building certifier fees and council infrastructure charges.

    • Dial Before You Dig / underground service locator scanning.

7. Construction Phase Services (Tender & Design Oversight)

Where engaged under a separate written agreement for construction-related services:

  • Option A: Tender Administration: Our role is advisory. We assist in preparing tender documentation, shortlisting reputable QBCC-licensed contractors, and evaluating returned bids. We do not guarantee contractor availability, quote pricing, or contractor financial solvency. The Client retains ultimate authority in selecting and contracting the builder.

  • Option B: Design Oversight: Site observation visits by Justin Nigh are conducted periodically to review compliance with architectural design intent, finished levels, and plant placement. These visits do not constitute construction supervision, continuous site management, structural engineering sign-off, or workplace health and safety (WHS) management, which remain the sole statutory responsibility of the licensed head contractor.

8. Photography, Portfolio & Publication Rights

  • Regenerative Designs reserves the right to capture photographic, video, and drone imagery of the site prior to, during, and following construction.

  • We may use these images for professional portfolio promotion, architectural awards, media features, our website, and educational literature.

  • To safeguard homeowner privacy, published images will not feature house numbers, family members, or personal identifiers without prior written consent.

9. Warranties & Limitation of Liability

  • Professional Standard: We perform our services with the degree of skill, care, and diligence expected of a professional landscape design practice operating in Queensland.

  • Living Materials Disclaimer: Plants and turf are living biological organisms subject to weather, sunlight fluctuations, soil chemistry, pests, and maintenance regimes. While our botanical schedules are carefully tailored to Sunshine Coast microclimates, Regenerative Designs does not warrant or guarantee plant survival, growth rates, or ongoing performance once installed.

  • Site Hydrology & Soil: While we design for overland drainage paths based on observed surface conditions, we accept no liability for unforeseen subterranean water tables, latent soil defects, subterranean rock anomalies, or severe storm events exceeding standard council stormwater capacities.

  • Liability Cap: To the maximum extent permitted by Australian Consumer Law, the total cumulative liability of Regenerative Designs for any loss, claim, damage, or expense arising from or in connection with our services—whether in contract, tort (including negligence), or statutory duty—is strictly limited to the total fees paid by the Client to Regenerative Designs under the specific agreement.

10. Suspension & Termination

  • By the Client: The Client may terminate the engagement at any time by giving seven (7) days written notice. In the event of termination, the Client must immediately pay all outstanding fees for work completed up to the effective termination date. Fees paid for commenced milestones are non-refundable.

  • By Regenerative Designs: We reserve the right to suspend or terminate services immediately upon written notice if the Client:

    • Fails to pay an invoice within 14 days of its due date.

    • Fails to provide required site access, surveys, or approvals within 30 days of a formal request.

    • Acts in an unreasonable, unsafe, or abusive manner toward studio staff.

  • Upon termination, the single-use copyright license to utilize our drawings is revoked until all outstanding accounts are settled.

11. Governing Law & Dispute Resolution

These Terms and any dispute arising from them are governed by and construed in accordance with the laws of the State of Queensland, Australia.

In the event of any controversy, claim, or dispute arising out of or relating to this agreement or our services:

  1. Good Faith Negotiation: Both parties agree to meet in good faith (in person or via video conference) within fourteen (14) days of written notification of a dispute to seek an amicable commercial resolution.

  2. Mediation: If the dispute remains unresolved within twenty-eight (28) days of the initial notice, the parties agree to submit the dispute to mediation administered by the Resolution Institute in accordance with the Resolution Institute Mediation Rules, or a mediator appointed by the Queensland Law Society Dispute Resolution Service, prior to commencing formal litigation.

  3. Jurisdiction: If mediation does not resolve the dispute, both parties submit to the non-exclusive jurisdiction of the courts of Queensland (or the Queensland Civil and Administrative Tribunal where applicable).

12. Studio Enquiries & Contact

For questions regarding these Terms of Engagement, please contact:

Justin Nigh

Principal Designer | Regenerative Designs

Sunshine Coast, Queensland, Australia

Email: design@regenerativedesigns.com.au

Phone: 0499 272 933