Introduction: Purpose and Scope of the Agreement
The WXLLSPACE Mural Artist Agreement is a crucial document that outlines the collaboration between you (the Artist), WXLLSPACE INC, and the Property Owner (the client for whom the mural is created). Its primary purpose is to ensure clear expectations, protect the rights of all parties, facilitate fair compensation, and guide the high-quality execution of mural projects. This agreement serves as the formal framework for creating stunning murals that enhance communities and reflect artistic excellence.
Artist Eligibility & Requirements for Collaboration
To collaborate with WXLLSPACE and be selected for projects, artists are generally expected to meet specific criteria:
Portfolio: A robust portfolio demonstrating experience with large-scale murals is essential, reflecting professional standards.
Project Capability: Demonstrated ability to handle the scope of large-scale projects and meet agreed-upon deadlines.
Equipment Knowledge: Familiarity with necessary equipment, such as lifts and scaffolding, and adherence to safety protocols.
Documentation: Ability to provide necessary documentation for legal and financial compliance, such as W9 forms (or equivalent for international artists), Certificates of Insurance (COIs), and invoices.
Professional Conduct: Adherence to professional standards of conduct as an independent contractor. Artists are typically responsible for their own tools and general materials unless specific reimbursements are agreed upon.
The Artist Selection Process: From Proposal to Contract
Submitting Proposals Artists submit proposals for available mural opportunities via the WXLLSPACE platform. These proposals should detail your concept, approach, and estimated costs for the project.
Design Fee for Shortlisted Artists
Initial Design Phase: Shortlisted artists typically receive a design fee (e.g., $300, though this may vary by project) to develop an initial design. This fee compensates you for your creative work during this phase.
Submission: Designs are usually expected within a specified timeframe (e.g., 48 hours) in a standard format (e.g., JPEG) for review by WXLLSPACE and the property owner.
Compensation if Not Selected: If your design is not selected for the final project, you retain this design fee as compensation for your work.
If Selected: If your design is chosen for the project, this initial design fee may be credited towards your total Artist Fee for the project, or it may be considered a separate payment for the initial design phase. The specifics will be outlined in your agreement. It's important to clarify this point in your specific project agreement.
Selection for Project and Contract Execution If your proposal and initial design are selected, you will proceed to sign a formal Mural Artist Agreement with WXLLSPACE, detailing the full scope, final payment terms, and timeline for the specific project.
Project Execution: Timelines, Delays, and Working Conditions
Adherence to Project Schedule The artist is expected to follow the agreed-upon project schedule. A grace period (e.g., 5 days) may be allowed for delays due to uncontrollable factors like severe weather or critical equipment issues.
Working in Inclement Weather and Unsafe Conditions Artists are not expected to work in unsafe conditions, such as electrical storms, high winds (e.g., over 20 mph), or other hazardous weather, unless the work area is adequately protected (e.g., by a tent or scaffolding with appropriate weather shielding).
Key Artist Responsibilities During a Project
Wall Preparation Tasks (Artist's Role) While the property owner or WXLLSPACE is generally responsible for major wall preparation (e.g., extensive cleaning, structural priming), the artist is typically responsible for light preparatory tasks on the prepared surface, such as:
Dusting or light cleaning of the immediate work area.
Minor sanding or smoothing if necessary.
Applying painter's tape to avoid overspray on adjacent surfaces. If major issues with the wall are discovered upon inspection (e.g., significant cracks, pre-existing graffiti not addressed), the artist must notify WXLLSPACE immediately so these can be rectified before work begins.
Painting Process & Quality Assurance
Apply a base coat if needed as part of the mural design.
Paint the mural using approved materials, ensuring high artistic quality.
Fix any drips, errors, or overspray to maintain a professional finish.
Apply a protective clear coat if specified in the project scope.
Hiring and Managing Assistants If you choose to hire assistants for the project:
You are responsible for their hiring, payment, and management.
You must ensure they adhere to all safety rules and site protocols.
You must ensure they are covered under your Workers' Compensation insurance (if applicable) and General Liability insurance.
Adherence to Site Rules and Professional Conduct
Artists generally agree not to take on other mural projects that would conflict with the timeline of the WXLLSPACE project without prior discussion.
Avoid direct financial dealings or contract negotiations with the property owner regarding the WXLLSPACE project; all payments and contractual matters are handled through WXLLSPACE.
Artists are responsible for repairing or covering the cost of any property damage they or their assistants may cause during the project.
Compensation, Payments, and Expense Reimbursement
Artist Fee Structure (Referencing Exhibit A in your Agreement) Your total Artist Fee covers your creative services, labor, and the execution of the mural. The payment structure is typically staged and will be detailed in Exhibit A of your agreement. Common structures include:
Design Fee: As mentioned earlier (e.g., $300 or a percentage like 20% for the initial design phase). Clarify if this is part of the total Artist Fee or separate.
First Payment / Deposit: Often a percentage (e.g., 10% upon contract execution, or a larger percentage like 50-63% after final design approval) to cover initial material costs and project mobilization.
Mid-Project Payment(s): Some projects may include a mid-project payment (e.g., 60%) after significant progress or milestones are met.
Final Payment: The remaining percentage (e.g., 17-30%) is typically processed within a specified period (e.g., two weeks) after successful completion of the mural, final inspection, and submission of any required documentation (like final photos or expense reports). Payments are generally processed via QuickBooks or WXLLSPACE’s designated payment system (e.g., Mercury).
Reimbursable Expenses Pre-approved project-related expenses are often reimbursable. These can include:
Materials: Specific paints, specialized supplies.
Travel & Accommodation: If the project requires travel. Receipts must be submitted (e.g., within 5 days of project completion) for reimbursement. Travel expenses are typically booked through WXLLSPACE’s designated travel account or system, following specific guidelines.
Design Phase: Guidelines, Revisions, and Approval
Content Guidelines: Murals must generally be family-friendly and avoid offensive content (e.g., profanity, nudity, violence, hate speech) or direct advertising unless specifically part of the approved project scope.
Submission: Artists submit their design concepts and materials list, usually within a set timeframe (e.g., 21 days) from the project start.
Revisions: The property owner may request reasonable revisions. Agreements typically allow for a certain number of revisions (e.g., up to 2) at no extra charge. Further revisions may incur an additional fee (e.g., $150 each).
Approval: If the owner does not approve the design after the specified revision rounds, the agreement may outline options for termination or continuation with additional fees.
Artist Signature & Logo: Artists are usually permitted to add their signature and, if agreed, the WXLLSPACE logo to the mural, with size limitations (e.g., each up to 5% of the mural size).
Intellectual Property (IP) and Ownership Rights
Artist Retains Full IP Rights You, the Artist, retain full ownership of the intellectual property rights to your original artwork and design. This includes copyrights, the right to create derivative works (like prints or NFTs from the design), and ownership of preparatory materials (sketches, digital files, plans). You can generally use images of your completed mural for your portfolio and self-promotion.
Property Owner's Usage Rights The property owner owns the physical mural installed on their property. They typically have the right to use photos of the mural for marketing and promotional purposes related to their property. However, they cannot alter, modify, or reproduce the artwork itself for other commercial purposes without your explicit permission, usually for a period specified (e.g., 5 years) or for the life of the mural.
WXLLSPACE's Promotional Usage Rights WXLLSPACE typically has the right to use images and videos of the mural (including work-in-progress shots) for its own promotional and marketing purposes, but will not monetize the artwork directly without your agreement.
Visual Artists Rights Act (VARA) Protections Where applicable (primarily in the U.S.), VARA provides artists with moral rights, including the right of attribution and the right to prevent distortion, mutilation, or destruction of their work. Agreements often state that property owners must provide 90 days' notice before any intentional alteration or destruction of the mural (unless due to structural necessity), giving the artist an opportunity to respond or document the work.
Safety, Compliance, and Equipment (Referencing Mural Safety Protocol - Exhibit C)
Artists must adhere to all safety protocols, often detailed in a "Mural Safety Protocol" (which may be Exhibit C in your agreement). This includes:
Wearing appropriate personal protective equipment (PPE) like harnesses (for heights), gloves, and eye protection.
Safe operation of ladders, scaffolding, and aerial lifts.
Setting up safety barriers around the work area if necessary.
Ceasing work in hazardous weather conditions.
Keeping a first-aid kit on-site.
Reporting any accidents or safety incidents to WXLLSPACE immediately (e.g., within 24 hours).
Complying with all applicable local, state, and federal safety, environmental, and labor laws.
Materials & Supplies Logistics
While artists may select their preferred materials, the agreement will specify procurement:
Artist Procures: Typically, artists are responsible for procuring their own paints and supplies.
Reimbursement: WXLLSPACE then reimburses these pre-approved expenses upon submission of receipts. This contradicts some initial policy statements that WXLLSPACE prepares materials; the agreement usually clarifies artist procurement with reimbursement.
Confirmation: Material requirements and brands should be confirmed during the pre-production phase. Special requests should be made in writing for approval.
Travel and Accommodation Protocols
Booking: Travel and accommodation, if required, are provided after design approval. Some agreements state WXLLSPACE books these via platforms like Navan or VRBO. Others specify that artists book through WXLLSPACE's Travel Expense Account, following provided guidelines.
Refundable Flights: Due to the changing nature of construction and development schedules, flights are often required to be purchased as refundable. Artists acknowledge this when accepting a project.
Expense Limits: Travel and accommodation expenses are reimbursed separately and are not typically deducted from the Artist Fee, unless the actual expenses exceed what was estimated and agreed upon in the artist's original WXLLSPACE proposal. Costs exceeding pre-approved estimates may be deducted from the Artist Fee.
Confirmation: Preferences and bookings should be confirmed well in advance (e.g., two weeks before installation).
The Mural Installation Process: Pre, During, and Post-Installation
Pre-Installation: Conduct a thorough wall inspection upon arrival. Report any concerns (cracks, unprepared surfaces) to WXLLSPACE immediately before starting work.
During Installation: Maintain a professional and safe work environment. Any deviations from the approved design must be approved in writing. Adhere to all local regulations and site rules.
Post-Installation: Ensure the site is clean and free of debris upon completion. A final inspection will be conducted. Provide final photographic documentation of the completed mural as required.
Documentation, Promotion, and Social Media Guidelines
Action Shots: Artists are often asked to assist WXLLSPACE by allowing or taking photos/videos during the painting process for promotional use. WXLLSPACE typically handles final professional shots of the mural.
Social Media: Artists are usually required to tag WXLLSPACE (e.g., @WXLL.SPACE) in all social media posts related to the mural for a specified period (e.g., one year after completion). All posts must be appropriate and professional. WXLLSPACE may request approval of content.
Non-Compete and Confidentiality Agreements
Non-Compete: For a specified period (e.g., 3 years) after the project, artists typically agree not to work directly with the specific property owner on new mural projects without WXLLSPACE’s involvement or written permission.
Confidentiality: Project details, client information, pricing, and proprietary WXLLSPACE techniques or information must be kept confidential, often for a period of 3 years after the project ends.
Insurance Requirements for Artists
Artists are required to maintain specific insurance coverage, including but not limited to:
General Liability Insurance: (e.g., $1,000,000 per occurrence, $2,000,000 aggregate). WXLLSPACE may need to be named as an additional insured.
Workers’ Compensation Insurance: If you have assistants or employees, as required by law.
Automobile Liability Insurance: If vehicles are used for the project.
Equipment Insurance: For any rented heavy machinery or valuable equipment. You are generally responsible for any injuries, property damage, or legal issues arising from your work and may be required to indemnify WXLLSPACE against such claims (except in cases of WXLLSPACE's gross negligence).
Termination and Cancellation Policies
Artist Inability to Continue: If you are unable to complete the project (e.g., due to illness), notify WXLLSPACE immediately. WXLLSPACE may find a replacement artist or adjust the timeline. You will typically be compensated for work satisfactorily completed up to that point.
WXLLSPACE Termination: WXLLSPACE may terminate the agreement for reasons such as missed deadlines without valid cause, significant safety non-compliance, or unapproved deviations from the design. Compensation for work completed to that point will be determined.
Project Stoppage/Cancellation: If the project is stopped or cancelled for reasons beyond your control (e.g., force majeure, client cancellation), you will generally be paid for work completed. If an artist fails to complete the work within a specified period (e.g., 3 months of the planned end date) without valid reason, they may be required to refund payments received.
Communication Protocols and Expected Response Times
A primary project contact at WXLLSPACE will usually be assigned at contract execution.
Artists are expected to respond to urgent project-related communications within a reasonable timeframe (e.g., 24 hours).
Weekly progress updates may be required during the installation phase.
All significant project-related communications should ideally be in writing (e.g., email).
Emergency Procedures and Contacts
Report any accidents or safety concerns to your WXLLSPACE project manager immediately.
Document incidents according to any provided templates.
Contact information for local emergency services will typically be provided or should be readily available before installation begins.
Artist Code of Conduct
Maintain professional and respectful behavior on all project sites.
Comply with all property regulations, access restrictions, and site-specific rules.
Interact respectfully with property staff, visitors, and the public.
Dispute Resolution Process
Agreements usually specify a dispute resolution process, often preferring mediation first. If legal action is necessary, the jurisdiction (e.g., Westchester County, New York courts) will be specified in the agreement.
Accessing Help: WXLLSPACE Support Resources
WXLLSPACE provides this dedicated Help Center where artists can find FAQs, tutorials, and resources. For immediate assistance with project-related matters, contact your assigned project manager or the general support team (e.g., Isabel Vargas at IV@WXLLSPACE.COM). Artists are encouraged to consult these resources, especially regarding equipment usage, safety protocols, and documentation requirements.