3472 Research Pkwy Ste 104 PMB# 344
Colorado Springs, CO 80920
website: www.foreverhomeplans.com

 

Product Purchase Contract and License Agreement

This License Agreement (this “Agreement”) is entered into by and between Forever Home Plans, LLC, a Colorado limited liability company (“Forever Home Plans”), on behalf of the owner of the copyright(s) of the home plan(s) (the “Licensor”), and , (“you” or “Customer”), this June 18, 2024 (the “Effective Date”). 

You are engaging Forever Home Plans to provide existing home plan(s) for your use. You agree that this Agreement shall control the provision of such services, the ownership and title to the drawings, designs, blueprints, and plans (the “home plans”), and your rights to use such home plans for building one or more homes within the boundaries of the 3-digit zip code prefix specified in your purchase receipt.

Article I
Purchase of the License; Use Fees and Retainers

You hereby agree to purchase one or more licenses for existing home plan(s) from Forever Home Plans under the terms and conditions of this Agreement. In exchange for each such license, you agree to pay a use fee (the “Use Fee”) set forth below to Forever Home Plans according to the license type specified in your purchase receipt. In addition, if you are purchasing any multi-use license, you also agree to pay a monthly (or annual) retainer (the “License Retainer”) to Forever Home Plans for each such license as set forth below.

 

Single Use PDF

Use Fee (Home plans < 2500 SF): $1,997

Use Fee (Home plans > 2500 SF): $2,997

 

Single Use PDF + CAD 

Use Fee (Home plans < 2500 SF): $3,997

Use Fee (Home plans > 2500 SF): $5,997

 

Multi-Use PDF + CAD (Max 10 builds/yr, requires Monthly or Annual license retainer)

Use Fee (Home plans < 2500 SF): $3,997 + $200/month             OR            $3,997 + $2,000/year 

Use Fee (Home plans > 2500 SF): $5,997 + $300/month             OR            $5,997 + $3,000/year 

 

Multi-Use PDF + CAD (Max 25 builds/yr, requires Monthly or Annual license retainer)

Use Fee (Home plans < 2500 SF): $5,997 + $300/month             OR            $5,997 + $3,000/year 

Use Fee (Home plans > 2500 SF): $8,997 + $450/month             OR            $8,997 + $4,500/year 

 

Multi-Use PDF + CAD (Unlimited builds/yr, requires Monthly or Annual license retainer)

Use Fee (Home plans < 2500 SF): $11,997 + $600/month             OR            $11,997 + $6,000/year 

Use Fee (Home plans > 2500 SF): $17,997 + $900/month             OR            $17,997 + $9,000/year 

 

The Use Fee is due before any Deliverables (as defined below) are released. Any monthly or annual License Retainer will be automatically drafted on the date of purchase and will automatically renew based upon the timeline specified in your purchase receipt. In order for any multi-use license to remain active, the License Retainer payments must be current. Should any purchase transaction not be completed due to a Customer’s insufficient funds, the license shall be void and/or the deliverables will not be released, but the Customer will have a 3-day cure period to allow for bank or card information to be updated before any multi-use license is made available for re-purchase.

 

Article II
Deliverables

In consideration for the Use Fee, and the License Retainer, if applicable, Forever Home Plans shall provide the following items to you for each purchased home plan (the “Deliverables”): (i) documents for printing, permitting, and construction of homes featuring ONE exterior architectural style including floor plans, roof plan, elevations, building section, and schematic electrical plans; and (ii) general and standard notes on drawings. All documents will be delivered in PDF format (only) or DWG and PDF format.

The following services are not included with the purchase of a license: (i) additional design consultation services with Forever Home Plans or third parties; (ii) locating and providing site plan(s) to include setbacks, property lines, and utility locations; (iii) locating and providing foundation plans, structural drawings, truss layouts, permits, or other engineering documentation for the home plan(s); (iv) soil samples, drilling tests, or like reports; (v) any engineering, testing, and associated preparation fees required to produce or modify the documents provided in the Deliverables; (vi) any changes to the documents provided in the Deliverables; or (vii) licensed professional engineering or architect’s stamp. Should further drafting or design services be required, it is your responsibility to coordinate such changes on your own.

 

Article III
Copyright Notice

Any home plans provided hereunder are protected by Federal Copyright Laws under the Architectural Work Copyright Protection Act of 1990. Licensor and/or the original home/building designer retains title and ownership of the original plan documents and retains the copyright in the home plans, which includes the right to control copying and alteration of the home plans as well as construction of any structures based on the home plans. Any home plans licensed to you under this Agreement may not be resold or used by any other person or company outside the parameters of this Agreement. The designs or portions thereof contained in the home plans may not be copied, reproduced, modified, or used in any way without Licensor’s written consent. It is also illegal to create derivative works or have plans, renderings, or sketches drawn based on these home plans without written permission.

Your rights to copy or modify home plans or to construct a structure based on home plans depends on the terms of any license granted to you. To the extent that you are provided with a study set of the home plans, such study set is for evaluation purpose only and is not for construction, duplication, or replication.

 

Article IV
Grant of License; Obligation to Make Payments for Multi-Use License

In consideration for the payment of the Use Fee for any single-use license for a home plan specified in your purchase receipt, Licensor grants you the license to use and to construct a specific number of structures from the home plan within eighteen (18) months from the date such license is purchased within the boundaries of the 3-digit zip code prefix specified in your purchase receipt.

In consideration for the payment of the Use Fee and payment of the License Retainer for any multi-use license for a home plan specified in your purchase receipt, Licensor grants you an exclusive license to use and to construct an unlimited number of structures (not to exceed the threshold specified in your purchase receipt) from the home plan while such license is active within the boundaries of the 3-digit zip code prefix specified in your purchase receipt.

You agree that you may not assign, delegate, sublicense, pledge, or otherwise transfer any license granted herein to another person without the prior written consent of Licensor. Any unauthorized use of the home plans shall be at your sole risk and without liability to Licensor or Forever Home Plans.

You also agree you must also discontinue the construction of any incomplete structures based on a home plan if the license has been terminated. If you continue construction based on a home plan without a currently valid license for such home plan or if your annual build total exceeds the threshold specified in your purchase receipt, you are in breach of this Agreement.

Additionally, if you fail to pay the License Retainer for a multi-use license for a home plan when due, you are in breach of this Agreement, forfeit the exclusive right to use that plan, and must remove the home plan from any of your online or printed marketing materials, including but not limited to: (i) renderings, (ii) photographs, (iii) floorplans, and (iv) elevations.

If you elect to discontinue any such multi-use license, you must disable the auto-renew function from its account page on the Forever Home Plans website. The license for that home plan shall remain active until the next date of renewal, at which point the license is terminated and the home plan will immediately become re-available for purchase in the particular zip code associated with the previous license. Once the license is terminated, you must remove the home plan from any of your online or printed marketing materials including but not limited to: (i) renderings, (ii) photographs, (iii) floorplans, and (iv) elevations.

If you desire to re-purchase a multi-use license that was previously discontinued and the license has not been purchased by another party for use in the 3-digit zip code prefix, you must pay the full Use Fee again in addition to remitting payment for the License Retainer.

If you desire to build additional structures beyond your license threshold from a home plan in your designated zip code or in a zip code not currently associated with your license for that home plan, and so long as a multi-use license for the home plan has not been purchased by another person in the new zip code, you must pay a Use Fee and License Retainer to use such home plan in such additional zip code in accordance with the maximum number of homes you plan to build.

 

Article V
Copying and Modification Rights

To obtain the right to copy or modify a home plan, you must be granted a license to utilize such home plan. If a license has been granted to you, Forever Home Plans shall provide you with an electronic PDF (only) or a DWG and PDF file. You may make copies as needed for the construction of structures allowed per the license granted. Any other copying is unauthorized. You may be held legally responsible for any copyright infringement that is caused or encouraged by the failure to adhere to such restriction.

The license granted to you by Licensor also includes the limited right to modify the home plans to meet your specific needs, and/or any code, ordinances, or regulatory requirements of your specific state or local jurisdiction. Modification of the home plans does not exempt the home plans from copyright protection. Licensor and Forever Home Plans are not liable for any consequences arising from your modification of the plans.

You acknowledge that all rights of ownership, title, and interest in the home plans and derivatives thereof remain with Licensor and/or the original home/building designer. Modified plans are considered derivatives of the original and receive the same copyright protection even if completely redrawn.

 

Article VI
Building Codes and Compliance with Codes

Any license granted to you under this Agreement is expressly conditioned upon your obligation and agreement to strictly comply with all local building codes, ordinances, regulations, and requirements―including permits and inspections at the time of construction. All plans are designed to meet the 2018 International Residential Code for One- and Two-Family Dwellings that were in effect at the time and place that they were drawn. Being that building codes vary widely throughout the country it is you or your builder’s responsibility to construct the home(s) covered by each license in compliance with state and local building codes and regulations. A home plan may need to be modified to comply with seismic, wind, local soil conditions, frost footing and snow loads, zoning regulations, and/or other requirements. You are authorized to use each home plan on the condition that you or your builder complies with all state and local building codes and ordinances.

The home plans are intended to meet generally accepted design requirements. However, THEY ARE NOT STAMPED ARCHITECTURAL DRAWINGS. Some cities and states require that a licensed architect or engineer review and “seal” a blueprint, or officially approve it prior to construction due to concerns over energy costs, safety, and other factors. Prior to application for a building permit or the start of actual construction, Forever Home Plans strongly advises that you consult your local building official who can tell you if such a review is required. Forever Home Plans cannot provide such a seal or stamp of certification. It is your responsibility to determine if such seal is required and, if so, you are liable for any costs to obtain such a seal. Consequently, you agree that before attempting to obtain necessary zoning, building, or trade permits, and before commencing construction, CUSTOMER WILL ENGAGE AND CONSULT WITH AN APPROPRIATELY LICENSED ARCHITECT OR ENGINEER AND CONTRACTOR to review and/or modify the home plan as necessary to suit local laws, ordinances, and regulations and conditions. Failure to consult with or engage the appropriate design professional shall automatically void the license to use the home plan.

 

Article VII
Your Builder’s Responsibility

Your builder shall be responsible for ensuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes. Your builder will need to field verify all conditions prior to and during construction. Your builder will also need to verify all dimensions and details of the home plan for overall accuracy appropriate to the local conditions and final selection of materials that can affect both dimensioning and detailing.

 

Article VIII
Disclaimer

In granting reproduction rights to you with respect to each home plan licensed to you under this Agreement, neither Licensor nor Forever Home Plans is responsible for, and shall be held harmless and indemnified from, inadvertent discrepancies, construction interpretations, and/or construction results. The information, plans, and specifications contained in the home plan is provided “as is” without warranty, either expressed or implied, with respect to the use of the home plan, its content, or the fitness of the plan to your specific purpose. SPECIFICALLY, LICENSOR AND FOREVER HOME PLANS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME PLAN, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR OR FOREVER HOME PLANS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ECONOMIC LOSS, DAMAGE TO PROPERTY, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY. ANY MODIFICATIONS OF THE HOME PLAN VOIDS ANY WARRANTIES EXPRESS OR IMPLIED.

Any references to materials and manufacturers that may be indicated in a home plan do not represent an endorsement or recommendation by Licensor or Forever Home Plans. Final selection of materials is your responsibility of you and/or your builder’s responsibility, including but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing, and any other items and details which are not necessarily indicated on the home plan and over which neither Licensor or Forever Home Plans has any control or responsibility.

Home plans may contain errors, omissions, typographical errors, or other inaccuracies. Neither Licensor nor Forever Home Plans assumes any responsibility for such inaccuracies and shall be held harmless and indemnified from any errors, omissions, and incidental, indirect, or consequential damages arising from the use of the home plans.

 

Article IX
Changes 

Any use of a home plan licensed to you under this Agreement without adaptation to changes in codes, standards, site conditions, and other factors is at your sole risk. Neither Licensor nor Forever Home Plans assumes any responsibility for changes made to a home plan by others and makes no warranties, either express or implied, in the use of such home plan. You agree to indemnify, defend and hold harmless Licensor and Forever Home Plans and its members, managers, officers, employees, and agents for, from, and against any losses, costs, or damages (including reasonable attorneys’ fees) resulting from claims, suits, or actions arising out of the use of such home plan.

 

Article X
Construction Supervision

Neither Licensor nor Forever Home Plans has been engaged for construction supervision of any kind or assumes any responsibility for ensuring that construction conforms to a home plan licensed to you under this Agreement, and neither Licensor nor Forever Home Plans has any responsibility for construction means, methods, techniques, sequences, procedures, or safety precautions in connection with the building of any home(s) under such home plan.

 

Article XI
Refunds / Exchanges 

Forever Home Plans cannot honor requests for refunds or exchanges. Therefore, it is important that prior to purchasing any license for a home plan, you fully determine that the particular plan will fulfill your needs.

 

Article XII
Remedies; Dispute Resolution

In the event either party breaches any term of this Agreement or is otherwise in default, the other party may exercise such remedies at law or in equity as it deems appropriate, including without limitation specific performance.

In the event of disputes, claims, and questions regarding the interpretation, performance, and enforceability of this Agreement and the rights and remedies of the parties hereunder, any action or judicial proceeding and all related actions or counterclaims shall be initiated and prosecuted exclusively in the state courts located in El Paso County, Colorado, and venue shall not be changed and any action shall not be removed to any Federal District Court.

 

Article XIII
General Provisions

  • (a)   Entire Understanding. This Agreement is the complete and exclusive statement of the agreement between the parties and supersedes all other agreements, either oral or in writing. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements oral or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that any alleged agreement, statement, or promise not contained in this Agreement shall not be valid, binding, or enforceable.

  • (b)   Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions.

  • (c)   Waiver. Neither the failure or delay of either party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

  • (d)   Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, to the greatest extent permitted by law, without giving effect to its conflicts of laws principles.

  • (e)   Amendments. This Agreement cannot be amended except by a written instrument expressly referring to this Agreement signed by both parties.

  • (f)   Assignment; Successors and Assigns. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Forever Home Plans. Subject to the preceding sentence, this Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties.

  • (g)   Notice. All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (a) delivered by hand, (b) sent by facsimile (with written confirmation of receipt), or (c) when received by the addressee, if sent by a nationally recognized overnight delivery service, in each case to the appropriate addresses set forth above.

 

Article XIV
Signatures

IN WITNESS WHEREOF, the parties execute this Agreement effective as of the Effective Date.

Leave this empty:

Signature arrow sign here

Signed by Jason Pederson
President, Forever Home Plans LLC
Signed On: June 26, 2023


Signature Certificate
Document name: Product Purchase Contract and License Agreement
lock iconUnique Document ID: 2cda999c318084f4f6ac2979425d99bcd1ce6e52
Timestamp Audit
September 4, 2021 10:20 am MDTProduct Purchase Contract and License Agreement Uploaded by Jason Pederson<br />President, Forever Home Plans LLC - [email protected] IP 174.63.100.40