MURAL SERVICES AGREEMENT

This Mural Services Agreement ("Agreement") is entered into as of [Date], by and between [Artist Name/Business Name] ("Artist") and [Client Name] ("Client").


1. Project Scope & Deposit

  • Project Description: Artist will design and execute a custom mural at [Location / Address of Wall].

  • Design Deposit: Client has previously paid a non-refundable deposit of $250 toward initial design. 


2. Payment Terms

The total agreed fee for the mural project is $xxx, structured as follows:

Design deposit is deducted from project total and remainder split. 

Initial Upfront Payment (50% of total):

  • $xxx payable in cash/venmo/card via invoice upon signing of this Agreement and prior to the commencement of work on-site 

Final Payment (Remaining 50% upon completion):

  • $xxx payable in cash/venmo/card via invoice immediately upon final completion and sign-off of the mural.


3. Surface Preparation & Structural Soundness

  • Client Attestation: Client expressly attests and warrants that the structure, wall, surface, and existing underlying paint layers are sound, stable, clean, and free of moisture damage, structural cracks, peeling paint, or decay.

  • Prep Work: Unless otherwise agreed in writing, Client is responsible for ensuring the wall surface is clean and accessible prior to the Artist’s arrival.

  • Liability for Subsurface Failure: Artist is not liable for paint failure, peeling, or damage resulting from pre-existing structural issues, underlying moisture, or failure of prior paint layers beneath the Artist's work.


4. Design Approval & Revisions

  • Design Proof: Artist will provide Client with a final design sketch or digital mockup for Client’s review and written approval prior to commencement of painting. Approval of the design authorizes Artist to execute the Artwork as proposed and does not transfer or assign any copyright, intellectual property rights, or other ownership rights in the design to Client. The approved design, sketches, mockups, and related artwork may not be reproduced, copied, modified for reproduction, or provided to another artist or third party for the purpose of creating or reproducing the Artwork, in whole or in part, without Artist’s prior written consent.


  • Approval Sign-Off: Once the design is approved by the client and 50% payment received, work will be scheduled. Any requested changes to the design after work on-site has commenced may incur additional labor and materials costs at a rate of $35/hour.


5. Site Access & Working Conditions

  • Access: Client will grant Artist free access to the property and surface during agreed-upon working hours.

  • Utilities: Client will provide access to water and electrical outlets as reasonably required for completion of the project.

  • Safety: Client agrees to keep pets, children, and third parties away from the working area and scaffolding/ladders for safety.


6. Weather & Timeline Delays

  • Artist will make every reasonable effort to complete the project within the estimated timeframe of two weeks.

  • Artist is not liable for delays caused by adverse weather conditions (rain, extreme temperatures, high winds), health emergencies, or surface issues outside the Artist’s control.


7. Copyright & Intellectual Property

  • Ownership of Art: Artist retains full copyright and intellectual property rights to the design and original artwork.

  • Client Usage: Client is granted a permanent, non-exclusive license to display the mural on the property and to feature photographs or video of the mural in promotional and marketing materials for their business, property, or brand (including websites, social media, flyers, print advertising, and promotional merchandise like branded t-shirts or hats where the mural appears as part of the business environment).

  • Reproduction Restrictions: Client may not reproduce, isolate, or license the artwork for the primary purpose of fine art prints, posters, standalone digital downloads, or direct resale products where the artwork itself is the primary product being sold, without a separate written licensing agreement with the Artist.

  • Artist Rights: Artist retains the right to document, photograph, and include images of the artwork in their portfolio, social media, website, and promotional materials.


8. Maintenance & Alterations

  • No Partial Alterations or Additions: The Artwork is an original work of visual art created by Artist and is protected by applicable copyright law, including Title 17 of the United States Code, and, where applicable, the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A. Ownership or possession of the property, wall, or physical installation does not by itself grant Client ownership of Artist's copyright or other intellectual-property rights.

Client shall not, and shall not authorize any third party to, alter, modify, add to, remove from, deface, distort, mutilate, or otherwise change the Artwork without Artist's prior written consent. This includes, without limitation, adding or removing imagery, colors, figures, vegetation, text, architectural elements, or other artistic content.

  • Right to Total Removal / Painting Over: Client retains the right to completely paint over, remove, or cover the mural in its entirety at any time (e.g., to restore the wall to a blank surface or during property renovation). However, any partial alteration, selective repainting, or modification of the design itself is strictly prohibited. If the property is sold, the new owner is also granted the right to fully cover the mural.

  • Repairs & Restoration: Should the mural suffer damage or wear and require touch-ups or restoration rather than complete removal, Client agrees to contact the Artist first to give the Artist the right of first refusal to perform or oversee the repair work. Any agreed-upon repair work will be billed at the Artist’s standard hourly rate applicable at the time the repairs are requested, plus the cost of materials.



9. Cancellation & Termination

  • Cancellation Prior to On-Site Work: If Client cancels this Agreement after design approval but before on-site painting commences, the initial $250 deposit is non-refundable and will serve as compensation for design and administrative work rendered.

  • Cancellation After On-Site Work Commences ("Kill Fee"): If Client cancels after on-site painting has begun, Client forfeits the initial $250 deposit and the upfront $500 cash payment as a kill fee. 

  • Cancellation by Artist: If Artist must cancel due to severe unforeseen circumstances, any unearned portion of the upfront payments will be refunded to Client.



Signatures

By signing below, both parties acknowledge and agree to all terms outlined above.


Artist Signature: ___________________________ Date: _______________


Printed Name: ______________________________


Client Signature: ___________________________ Date: _______________


Printed Name: ______________________________