NOTE: This model agreement is intended as an example of an agreement between a property owner and the artist. The specifics of each owner/artist agreement will depend on the circumstances of the project. Such agreements are intended to protect both artist and owner and should be crafted with enough specifics to ensure that both parties fully understand and agree to their responsibilities in the project.
Suggested Owner / Artist Agreement
This agreement made and entered into by and between ___________________________, hereinafter called the OWNER, and ___________________________, hereinafter called the ARTIST.
Recitals
WHEREAS, the OWNER requires the services of an artist to paint a mural on the wall of ____________________________________________________; and WHEREAS, OWNER has determined that the ARTIST is qualified to paint the mural desired based upon the skill, reputation and creativity of the ARTIST; and WHEREAS, the ARTIST is able and willing to perform under the terms and conditions of this Contract;
NOW THEREFORE, in consideration of the foregoing promises and the covenants set forth below, the parties hereto agree as follows:
1. Final Design
The ARTIST shall present the final design to the CAHC __________________________ for approval.
2. Creation and Installation
The ARTIST represents and warrants that the Mural to be created is an original work of art and that the Mural shall be a faithful rendition of the preliminary design submitted by the ARTIST and approved by ______________________.
The ARTIST shall create and be responsible for installation of the Mural.
The ARTIST agrees to have the Mural completely installed by one year of approval of the CAHC grant___________________ (date) .
If work on the Mural is delayed by adverse weather conditions, or any other cause beyond the ARTIST’S reasonable control, then the completion date shall be extended for such reasonable time as the parties, including the Community Arts and Humanities Committee of GMCF, may agree.
3. Permits
The OWNER agrees to procure all necessary permits including any easements, encroachment permits, signage permits, scaffolding permits, alley closure permits, or other permits necessary to access the property. If the OWNER is not the property owner, an agreement between OWNER and the property owner regarding art installation, ownership, and responsibility must be established. If applicable, the City should also sign off on the permitting process.
4. Amount of Payment
The OWNER agrees to pay the ARTIST a total of $___________________for this work in the creation of the mural and direction of volunteers and assistants who will collaborate with the ARTIST.
5. Method of Payment To______________________________________________________
$________ upon the signing of this agreement by both parties.
$________ upon approval of the final design.
$________ upon completion of the Mural as determined by ARTIST.
6. Timely Payment
If the OWNER fails to make any payment within 14 days of the date it is due or the date the criterion is completed (as specified In Section 5 above), the ARTIST may cease all work and the completion date of the project shall, at the ARTIST’S discretion as well as the CAHC of the GMCF, be adjusted accordingly.
7. Tools and Supplies
Tools and supplies should be included in the proposed budget
[alternatively: The OWNER shall provide in-kind use of scaffolding, pressure washer, and ladders. Design supplies including, but not exhaustive, paint, brushes, and primer.
8. Travel and Lodging
When the artist is from out of town, the OWNER shall reimburse the ARTIST or provide up-front funds for travel and lodging for the ARTIST during the course of the project.
9. Mural Maintenance
The OWNER recognizes that the maintenance of the artwork, on a regular basis, is essential to the integrity of the artwork. Therefore, for the length of time that the artwork is on the site, which is anticipated to be _____________years, the OWNER shall be responsible for maintaining and repairing the artwork under the ARTIST’S supervision, unless OWNER has a contract with the property owner in which the property owner agrees to take this responsibility. If the ARTIST fails or refuses or is unable to supervise such maintenance and repairs, the OWNER shall have the right to do so.
10. Copyright Ownership of the Work
The ARTIST reserves all copyrights to the artwork, the preliminary design, and any incidental works made in the creation of the artwork under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., as the sole author of the Artwork for the duration of the copyright. (The duration of copyright in the United States is currently the life of the author plus 70 years). The ARTIST agrees not to unreasonably refuse the OWNER permission to reproduce the artwork image for noncommercial purposes.
11. Title and Ownership of the Work
Upon completion and installation of the Work and upon final acceptance and final payment to the ARTIST by the OWNER, title to the Work shall pass to the OWNER.
12. Insurance
The OWNER, or property owner, shall obtain and keep in force a comprehensive general liability insurance policy, in standard form, protecting against any and all liabilities arising out of or related to the installation and maintenance of the artwork
13. Alterations of the Work or of the Site
To the extent allowed by law, the OWNER agrees:
a) That it is the OWNER’S intent to retain and publicly display the Work at the Site for a period of at least _________ years. However, all parties are aware that circumstances may arise that would make it prudent for the OWNER to remove the Work from public display and/or, if feasible, relocate the Work to another site.
b) The OWNER shall notify the ARTIST of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork. The OWNER shall make a good faith effort to consult with the ARTIST in the planning and execution of any such alteration. The OWNER shall make a reasonable effort to maintain the integrity of the Artwork.
c) Consistent with the paragraph above and in the case of removal, the ARTIST is aware of, and, if necessary, will waive all rights with regard to the Work while retaining copyright to the Work.
d) The OWNER will not intentionally use the Work in any manner that would reflect discredit on the ARTIST’S name or reputation as an ARTIST or which would violate the spirit of the Work.
e) This clause is intended to replace and substitute for the Visual Artists Rights Act of 1990, 17 U.S.C. Sections 106A and 1133, or as subsequently amended, to the extent that any portion of this Agreement is in direct conflict with those rights.
f) The parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict therewith.
14. Termination
Either party may terminate this agreement for cause if the other party fails to perform any material obligation hereunder. In the event the ARTIST abandons the Mural, defaults on any material term of this agreement or otherwise causes it to be terminated without cause prior to completion of the work, the ARTIST shall not be owed or paid any further compensation by the OWNER. If the OWNER fails to perform any material obligation hereunder, including failure to pay the ARTIST, the ARTIST may cease work and exercise any remedies available in law or equity.
15. Entire Agreement
This Agreement represents the entire Agreement of the parties with respect to the matters set forth herein. No Agreements, representations or understandings (whether oral or written and whether express or implied) which are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof.
16. Choice of Law
This agreement will be construed in accordance with the laws of Kansas and any litigation will be brought in the courts of that state.
____________ ____________________________ ________________________
Date Name of ARTIST Signature of ARTIST
____________ ____________________________ ________________________
Date Name of OWNER Signature of OWNER