The Business of Murals: The Importance of a Contract

A mural contract is the single most important thing you can take with you when negotiating to paint a mural. Failure to set certain items “in stone” will surely cause headaches for both the client and customer at one point or another.

Here are the elements that should be included in your contract.

1. It must include the names of the artist (or supervisor/ contractor), and client and contact information. This should be at the top of the document.

2. You will need the description of the mural including size, medium, and a sample sketch, which is initialed by the client and artist. In every case where the preliminary sketch was not agreed upon and signed, the client has always attempted to get free add-ons. You should include the hourly rate at which you will add items not in the preliminary sketch.

3. Start and approximate completion date, and stipulations for delays. You should be able to reschedule a client at your convenience should they be the reason for delay? I have known clients to put me off for moths and then demand immediate work.

4. Price of the artwork to be completed, including materials (included in the price or not), and terms of payment should be on the contract. Requesting a down payment will make the client accommodate completion of the work. Without a down payment, you are at the mercy of the whims of the client. Down payments should be non-refundable and they cover the cost of materials.
5. The artist’s responsibilities such as purchases, improvements, extensions, restorations, and proof of insurance are very important. The client needs to know what you will be doing, bringing, or supplying as well as his or her own responsibilities.

6. Client’s obligations should include lodging and transportation, room or wall preparation, permits, safety considerations, and preservation of the work.

7. The contract should include a stipulation that the contract is complete and additions must be negotiated separately. I cannot emphasize this point enough. It is the single and most abused item of the artist/ client relationship.

8. Copy write information: Who owns it and how it may be used in the future. If the client plans to use the image for advertising, or reproduce it on products, they must be given a license by your or purchase your rights to the image outright. If they want you to paint a copy-writed image, they need to provide you proof that they own it, or that they have permission to reproduce it.

9. You will need a clause for extenuating circumstances such as illness or death.

10. Make sure you include a stipulation for arbitration should the need arise.

11. Finally, add Signatures of the artist/contractor and client to show that the contract has been read and the client and artist, and both parties agree to it.