- Order process. The Customer’s order for Artworks, made by giving order details (including the size of the wall(s) to be painted) by phone, constitutes an “offer” for MurWalls’ services. MurWalls will consider the Customer’s order details and may accept or reject the Customer’s offer, at MurWalls’ discretion. A legally binding contract is created when MurWalls has approved the Customer’s offer and MurWalls receives cleared funds for a 50% deposit following an Order Confirmation email.
- The Customer’s Obligations. The Customer shall:
(a) provide access to their property where the Artworks are to be reproduced on the dates and at the times agreed in advance with MurWalls. The Customer shall ensure that it has the permission of the property owner, or relevant licensee (e.g. landlords, tenants, building owners, etc.) for MurWalls to produce the Artworks on the property. MurWalls will send an appropriately skilled Artist/s (and, if required, their assistant) who should wear MurWalls apparel on arrival.
(b) shall be responsible for gaining any permission required for artworks painted on exterior walls.
(c) treat the Artists with courtesy and respect, providing a suitable and well-ventilated working environment with sufficient space for the Artists to work. For interior projects, the Customer shall clear and prepare the room in which the Artworks are to be painted, removing existing wallpaper, filling any holes, and where necessary plastering and/or painting the walls with a base layer to leave the Artist with a smooth and dry ‘blank canvas’ on which to paint. The room should have a door which can be fully closed during and after the Artworks have been painted, and sufficient ventilation (ideally, one or more windows) to allow any dust and odour to escape. Important note: the Artists will not begin work unless their working environment has been suitably prepared;
(d) approve the completed Artworks. The Customer shall act reasonably and in good faith if the Artworks have not been completed to the specification or the standard the Customer expects, and shall raise any disputes over craftsmanship or quality with MurWalls immediately;
(e) pay the MurWalls deposit, along with any Additional Charges (if applicable) directly to MurWalls at the time of placing an order and the balance immediately upon invoice following the completed works. MurWalls reserves the right to charge for additional work (including preparing surfaces for painting), and the hiring of particular equipment (e.g. ventilation equipment) if the working space requires this. MurWalls may also charge the Customer for changes to Artwork designs from the specification set out in the Confirmation of Order; and
(f) keep the property well-ventilated, including for a reasonable period after the Artworks have been completed. In particular, the Customer shall not enter the room where the Artworks have been painted for [48 hours] after the Artist has finished their work, and shall wear an appropriate respiratory mask if the Customer does require access to that room, keeping the visit brief for their own safety. As a guide, after [48 hours], the room will typically be safe to enter without feeling the effects of paint odour.
- Intellectual Property Rights. The Customer acknowledges and agrees that:
(a) The partner brands are extremely protective of their intellectual property rights and have licensed MurWalls to carry out this work on strict terms and conditions, including particular Brand Guidelines for each licence;
(b) MurWalls is the sole owner or licensee of copyright and other intellectual property rights in any specifications, plans, drawings, patterns, models, designs or other materials that MurWalls or the Artist uses in the course of producing the Artworks, including any sketches of custom designs;
(c) MurWalls reserves the right to make reasonable changes to any Artwork designs requested by the Customer including where the brand requires any such changes.
(d) Subject to any restrictions in such licences that the Company may specify in licence agreements with MurWalls, including the Comapny’s Brand Guidelines, the Customer shall have the right to use the brand’s logos, approved assets, mottos, names or other branding elements within the ArtWorks provided under this agreement, and the Customer agrees that the Artist may post photographs of the completed Artworks on their own website or social media pages. Where the Customer agrees to appear in photographs or videos taken by the Artist, the Customer shall permit MurWalls and/or the Artist to use their image and likeness (and those of any family or friends who appear, including children) in promotional materials.
- Cancellation, liability and termination. The Customer acknowledges and agrees:
(a) Projects cancelled or postponed by the Customer with less than 14 days’ notice are subject to a late cancellation fee of 50% of the MurWalls Fee. Where the Customer has received bespoke designs but cancels the project, MurWalls also reserves the right to invoice the Customer for the costs of producing sketches of custom designs (which shall remain the property of MurWalls);
(b) If the Artist is unable to complete work in the agreed timeframe, due to reasons beyond the Artist’s and/or MurWalls’ reasonable control, then the Customer will be liable for any additional costs incurred, including additional Artist’s time taken to complete the work;
(c) The Customer shall ensure that all surfaces (including carpets and any flooring that should not be painted) are covered and that all moveable items (including furniture) are removed from the Artist’s working area and protected from potential paint or other damage. MurWalls shall not be liable for paint damage to items that have not been removed from the Artist’s working area or properly covered.
(d) MurWalls may terminate the Agreement, or terminate the supply of any part of the Artworks, by written notice to the Customer with immediate effect if the Customer is in breach of any obligation under the Agreement, and MurWalls may retain a percentage of the MurWalls Fee (which shall be 100% of the MurWalls Fee, if the Artworks have been completed, and shall not be less than 50% of the MurWalls Fee, where the Artworks have not been completed). MurWalls reserves the right to pursue the Customer to recover its costs, losses and expenses in defending any claim brought against MurWalls by any third party, in respect of which the Customer is wholly or partially at fault.
(e) MurWalls shall not be liable to the Customer for any loss of contract, loss of profit or any other consequential loss or damage.
- Other general terms.
(a) Variations. This Agreement may only be amended in writing with the written agreement of both parties.
(b) Entire Agreement. This Agreement (including the order form and Confirmation of Order email) contains the whole agreement between the parties in respect of its subject matter.
(c) Law and jurisdiction. The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.