While most mural projects proceed smoothly, circumstances may arise that require ending an agreement or resolving a dispute. This article explains termination procedures, documentation, and dispute-resolution pathways.
Reasons for Termination
Convenience
A party may terminate the contract for personal or strategic reasons (e.g., changes in business direction).
Advance notice is required (often 14 days), and any prepaid funds are refunded minus work already completed.
Default
Occurs if one party fails to meet contractual obligations (e.g., non-payment, persistent missed deadlines, safety violations).
The non-breaching party may terminate after a “cure period” (e.g., five business days) if the breach is not resolved.
Force Majeure
Events beyond either party’s control (e.g., natural disasters, government restrictions) may render the project impossible.
Contracts may be suspended or terminated without penalty.
Notice & Refund Procedures
Written notice is typically required to terminate (via email or through the WXLLSPACE platform).
Funds are allocated as follows:
Design fee: Non-refundable once design work begins.
First payment: Partially refundable depending on how much work and materials have been used.
Final payment: Fully refundable if work hasn’t started on the final phase.
Detailed payment breakdown is documented by WXLLSPACE to ensure transparency.
Non-Performance & Breach
Failure to adhere to payment schedules, safety obligations, or project timelines constitutes breach of contract.
The breaching party must be given an opportunity to remedy the issue within a specified timeframe.
Persistent breaches can lead to suspension of the artist’s account or legal action to recover damages.
Dispute Resolution Steps
Direct Communication
Address concerns in writing to the other party. Misunderstandings can often be resolved through clear dialogue.
Mediation via WXLLSPACE
If direct communication fails, contact WXLLSPACE support to mediate. A neutral representative can help both parties reach a compromise.
Formal Arbitration or Legal Action
If mediation fails, contracts may require binding arbitration.
Arbitration decisions are typically final and enforceable; litigation is a last resort and may be governed by the law and jurisdiction specified in the contract.
Documentation
Keep copies of all correspondence, contracts, design revisions, and invoices.
Document delays or incidents immediately.
Evidence is essential if a dispute escalates to arbitration or court.
Post-Project Disputes
Issues may arise after completion (e.g., mural damage or unpaid balances). The warranty, if offered, should specify remedies for defects. For other disputes, follow the same resolution steps above.
FAQs
What if the property owner refuses to pay?
WXLLSPACE will contact the property owner and may pause the project. If the issue persists, legal remedies or dispute resolution may be pursued.
Can the artist withdraw after starting the project?
Artists may exit only under circumstances defined in the contract (e.g., unsafe conditions, non-payment). Proper notice and documentation are necessary.
Who pays legal fees if the dispute goes to court?
Fees are often assigned according to the contract terms or arbitration rules. In some cases each party covers their own costs unless the contract allows recovery of legal fees from the losing party.