Works in Public Terms & Conditions - Updated [Date]

1. General Terms

• Ownership / Licence: Copyright in all commissioned artwork remains with the Artist unless otherwise stated. The Client is granted a non-transferable licence to use the artwork for the purposes outlined in the agreement. Rights are granted only after full payment is received.

• Payments and Deposits: All projects require a 50% deposit before initiation. The remaining balance is due within 30 days of project completion, unless otherwise agreed. Invoices unpaid beyond 30 days will incur interest at 8% per month.

• Abortive Fees: In the event of project cancellation, the following abortive fees apply:

• 25% of the fee if cancelled before roughs.

• 50% if cancelled at the rough stage.

• 100% if cancelled upon final delivery of artwork.

2. Quotations and Detailed Breakdown

• Quotations: Initial high-level budgets are provided based on the scope of the project. These include estimates for production, materials, and time.

• Detailed Cost Breakdown: If the Client requires a full detailed breakdown of costs, this will be provided at an additional charge. Please refer to the Creative Consultancy or Production Management section for applicable fees.

3. Mural Production and Wall Space Search

• Scope: The production of murals does not cover structural repairs or assessment of the wall’s condition. It is the Client's responsibility to commission any required condition reports and repairs by third-party contractors before work begins. Works in Public will not be responsible for any delays or issues caused by the condition of the wall.

• Client Responsibility: The Client is responsible for providing all necessary information (e.g., permits, access details, safety reports) required for Works in Public and their partners to perform their work. Failure to organize the requested items may result in additional charges.

• Wall Space Search: Works in Public does not primarily operate as an Out of Home (OOH) advertising firm that rents existing spaces. Our focus is on sourcing new wall spaces for creative projects that have longevity and emphasize strong social messaging. Please note that finding wall space is not an exact science and can involve variations in timing and availability.
  For wall space already identified by the Client, the Client must:

• Confirm they have the necessary permissions in place.

• If they are the wall owner, confirm their ownership and provide evidence of permission if requested.

• Cancellation: If cancelled by the Client after the start of mural production:

• 50% if cancelled within two weeks of the start date.

• 100% if cancelled less than a week before the start.

• Abortive Fee for On-Site Work: If the work is halted due to client decisions, weather conditions, or other factors outside the artist's control, a 25% abortive fee will be charged.

4. Workshops/Live Events

• Scope: Includes the provision of art workshops, demonstrations, and other live art-related events. Clients will receive a brief and schedule prior to the event.

• Cancellation Fees:

• 25% with 30 days' notice.

• 50% with 7 days' notice.

• 100% with 24 hours' notice or less.

• Additional Costs: If additional materials or travel are required, these will be invoiced separately.

5. Design Work

• Scope: Includes concept design, rough drafts, and final digital or print-ready artwork.

• Revisions: Two rounds of amendments are included in the fee. Subsequent amendments may be subject to additional charges.

• Delivery: The final design will be delivered in the format agreed (print, digital, etc.). Any delays on the Client's side will not constitute a delay on the project’s final deadline.

6. Production

• Materials and Equipment: Costs for production materials and equipment will be outlined in the quote. Any adjustments to the agreed materials or process may affect timelines and budget.

• Liability: Works in Public is not responsible for delays caused by third-party suppliers, material shortages, or other external factors. We will inform the Client as early as possible of any expected delays.

• Project Management Fees: A project management fee of 15% of the total project cost will be applied to cover coordination and oversight.

7. Creative Consultancy

• Scope: Covers brand strategy, visual consultancy, and creative direction services provided by Works in Public.

• Payment: A 50% deposit is required before commencing consultancy work, with the remaining 50% due within 30 days of the final consultancy report or presentation.

• Project Termination: If consultancy services are terminated early, fees will be pro-rata based on the hours worked or milestones achieved.

8. Site Visits and Additional Days

• Site Visits: Charged at £250 excl. VAT per visit.

• Additional Days: If additional days are required for a project, they will be charged at £500 excl. VAT per day.

9. Change of Scope

Any changes to the project scope must be agreed upon in writing by both parties. Any scope changes requested by the Client after work has commenced may incur additional fees.

10. External Third Parties and Working Budgets

If external third-party services are required (e.g., structural repairs, material suppliers), the working budgets must be disclosed to Works in Public when requested. Works in Public is not liable for the performance of third-party contractors.

11. Price List (Day Rates)

• Mural Production (Paint only, design provided by Client): £450 per day.

• Mural Assistance (Ground support and site management): £300 per day.

• Project Management: 15% of total project fee, or £600 per day.

• Production Management (Lead): £500 per day.

• Research and Scoping (Remote/desktop only, including detailed cost breakdown): £500 per day.

• Site Visits: £250 excl. VAT per visit.

• Additional Meetings (Online): £100 per hour.

12. Legal and Cancellation Provisions

• Governing Law: These terms and conditions are governed by the laws of England and Wales.

• Force Majeure: Works in Public shall not be liable for any failure to perform due to circumstances beyond its control, including but not limited to natural disasters, government restrictions, and strikes.

• Solicitation: The Client may not directly hire or solicit any artist, consultant, or employee involved in the project without prior written consent from Works in Public. A finder's fee may be applied if the Client breaches this condition.

13. Insurance and DAS Legal Expense Coverage

• Insurance Requirements: The Client must ensure that appropriate insurance is in place for the site and all aspects of the project. This includes public liability and other relevant coverage for any risks associated with the location or project execution.

• DAS Legal Expenses Criteria:

• Dispute Resolution: In case of any legal dispute, Works in Public will take all reasonable steps to mitigate the impact of the dispute and engage in good faith negotiation to resolve the matter before escalating to legal proceedings.

• Claimable Costs: Legal fees and expenses related to disputes, delays, or unforeseen incidents are claimable through the Client's DAS Legal Expenses insurance policy, provided the claims meet DAS's claim criteria.

• Contract Breach: In the event of a contract breach by either party, both parties agree to engage in mediation or arbitration before pursuing any legal action. This is to ensure compliance with DAS’s legal claims process.

• Document Retention: All communications, quotes, receipts, invoices, and legal documentation relating to the project must be retained by both parties in case of a DAS legal claim.