Selecting a Muralist, Contracts and Scheduling the Work

The process of selecting a muralist concludes with what so many business transactions conclude with, a signed contract. If you are working locally with an artist you may consider an acquintance, you may be tempted to proceed with no signed agreement or contract. This friendly arrangement, although initially less time consuming, opens both parties to future head aches that can quickly take more time than would initially be consumed setting up a mutual agreement.

I want to point out before moving on that I am not a lawyer. The guidelines I am putting down have been compiled from a number of sources and experience only. As future demand warrants, I will include actual contracts that are legally reviewed to further assist this portion of the process. At the present time, let us simply look at some guidelines for what should be included in a contract. In the early phases of talking with a muralist, you should ask the artist for a blank copy of their agreement that they will ask you to sign to commission them for a wall mural. Compare their agreement with some of the guidelines and determine if any further detail needs to be added to the contract for you to consider hiring the artist.

• Scope of Services - description of real aspects of the artist's service. This section should describe interactions the artist may have with others who will perform a portion of the work on your piece.
• Schedule for Execution - schedule for completion, fabrication and installation of work, submission of progress reports including images of work during completion.
• Delivery, Installation, Post Installation, and Documentation - describes pertinent delivery dates and, if needed, installation responsibilities and instructions. This section may also describe post installation responsibilites of both parties.
• Acceptance - outlines terms for acceptance of the commissioned piece. A time frame, typically 30 days, is assigned that provides you an opportunity to have any problems addressed.
• Risk of Loss to the Artist - describes artist responsibility of loss or damage until acceptance criteria is met.
• Title Transfer - insures ownership of the piece passes to you from the artist.
• Copyright - outlines artist retention of property copyright and ownership of all drawings and renderings. Also describes permission requirements for the use of image and defines royalties if applicable. For example, a business after commissioning a mural, cannot use the mural image in promotions without the express, written permission of the artist.
• Compensation and Payment Schedule - outlines expected terms of payment from initial sketches thru completion of the piece.
• Modification Policy - outlines what procedure must take place for changes in the design to take place once initial sketches and renderings are approved.
• Termination - defines what constitutes termination with cause from either party and defines payment stipulations in case of termination
• Insurance - type, amount, who is responsible; this is important if the artist will be working at your location.
• Independant Contractor - states that the artist is not your employee.
• Contract Administrator - should provide appropriate contact information for the artist or their agent.
• Warranties of Title - guarantees the work to be original.
• Warranties of Quality and Condition - the artist should outline what warranty insures the work will be free and clear of defects in materials and workmanship and that work will not require unreasonable maintenance for a set period of time, usually 1 year. Typically liability and responsibility is assigned to the artist.
• Entire Agreement - states that the contract encompasses the entire agreement and says that the contract and signed amendments to the contract override all other oral or written agreements.
• Modifications to Agreement - any change to any part of the agreement is only valid in writing and if agreed to by all participating parties.
• Governing Law - the contract is interpreted in accordance with contract law of the state in which it is authored.
• Arbitration or Legal Recourse - describes how any un-negotiated dispute is to be settled.
• Addenda - should include all additional materials including copies of initial designs and specifications.

A muralist who utilizes a contract agreement in their work insures they are protected and most importantly insures you are protected from any unfortunate occurences during or after the work is completed. One final aspect of selecting the right muralist, is one who fits your work schedule.

When is the artist’s next available opening for a project?

Some muralists may not have openings for three to six months. If this is too long, you may need to find a different muralist.

Once you have answered the questions for the muralists, you should be able to determine what artists meet your requirements. If you have multiple muralists who make this cut, decide how many you want to ask for formal sketches and final quotes. Keep in mind that you will probably have to pay a fee ($50 to 10% of the final invoice) to each muralist for the sketches and final quotes. Based on the sketches and final quote, you will have enough information to select a muralist.

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