Payment of Deposit acknowledges acceptance of terms below.

Terms are between AMANDA NEWMAN, ABN 12179073955, and the Client, full details as described on invoice and in written communications.

AGREEMENT made as of the date the deposit is paid. Unless otherwise stated by the Artist, bank transfer confirmation from the Client is sufficient for proof of payment and commencement of agreement.

If no deposit is paid prior to delivery of work (designs and/or murals), AGREEMENT commences on the date both the Client and the Artist agree to the work in writing.

“Artist” may refer to Amanda Newman directly, or any assistants/contractors working under direct supervision of Amanda Newman.

“Client” may refer to the specific person who commissioned the project, their associates, the company/organisation as a whole, or any subcontractors of the company who have been hired to manage the project.

Project Description

See Invoice and email/text/message communications for specific project descriptions.

Deposit

Unless otherwise stated by Artist, Client will pay Artist a non-refundable 50% deposit on the lowest quoted price, which guarantees scheduling within the agreed dates, times and parameters, and covers planning, preparations, communications, and preliminary design labour (if needed for the project).

If an agreement has been made, verbal or otherwise, for the Artist to begin work prior to receiving the deposit, the deposit and any subsequent fees are still due.

The deposit being paid does not guarantee the project to be completed on a certain date, unless previously agreed to in writing. Deposit being paid only guarantees work to be completed at next availability. Artist will make best effort to fulfill Client’s schedule requests.

Deposit Due Date

Deposit is due at least two weeks prior to project installation for non-design projects, or at least 4 weeks prior to project installation for projects requiring a design aspect. Exceptions to these due dates can be made at the Artist’s discretion and must be agreed upon in writing.

If the deposit is not received by the deposit due date and there was no exception made, all agreements are void and a new schedule and price must be negotiated. Work acceptance and/or completion cannot be guaranteed at that point.

Any exceptions made to the above deposit due dates will be in writing and all other aspects of this agreement will continue to be in effect.

Schedule

Schedule refers to the specific dates/times each part of the project is to commence and be completed; i.e. deposit due date, design delivery, design approval, installation commencement and completion, etc.

The schedule is agreed upon via email correspondences and/or on the Invoice. Schedule is not guaranteed until the deposit is received by the deposit due date. Further due dates are required to be met by Client, below, for continued guarantee of the schedule delivery.

Design(s)

If Artist design(s) are required for the project, the Client agrees to provide the Artist with all text, images, references, project desires, etc needed for the project to be completed to the Client’s satisfaction, by the deposit due date, to guarantee the schedule. This due date is usually 4 weeks prior to artwork installation unless stated otherwise.

The standard design package includes 2-4 initial designs (at the Artist’s discretion according to the project), then a further 2 rounds of minor revisions to the chosen design. Anything beyond this scope will incur additional fees.

A specific design schedule may be provided for some projects, at the discretion of the Artist. This may be included on the Invoice, or via email/text/message.

Design schedule would include dates and/or times that each round of designs and revisions will be provided to the Client, and the dates/times that feedback would be required from the Client to stay on schedule for on-time installation.

Design Approval

An exact design must be approved at least two weeks before project installation on-site, or by another date as previously agreed upon in writing. Failure to provide approval by the approved artwork due date may incur rush fees.

The design feedback and approval process generally takes about 2+ weeks, so the preliminary design process should commence no less than 4 weeks before desired installation commencement. A rush fee may be charged for less lead time, and the quality of finished product may suffer. In this circumstance, the Artist will complete work to the best of Artist’s ability in the timeframe given.

Failure of the Client to provide prompt design feedback to the Artist during the design process may result in rush fees or postponement/cancellation of installation. Artist will communicate a design schedule if this is the case.

Approved Artwork

Approved artwork is artwork that has been formatted to fit the exact dimensions of the project surface, has been signed off as approved by all Client stakeholders, including the wall/surface owner (if necessary), and signed off on by the Artist as falling within the agreed upon scope. Receiving all approvals (other than Artist approval) is the responsibility of the Client.

If Artist design is not required for the project, then approved artwork must be provided by the Client to the Artist at least two weeks before the project installation on-site, or by another date as previously agreed upon in writing. Failure to provide approval by the approved artwork due date may incur rush fees or postponement/cancellation of the project.

Usually the completed project is almost exactly like the approved design and mockup, but the Client acknowledges that the Artist and assistants are human and not machines. There are also sometimes unforseen issues and/or obstacles on the wall(s) and/or natural disasters that may require on-site changes to the approved design. The Artist is only required to create artwork that is within 20% accuracy of the approved artwork.

If the completed project falls within the 20% range and is deemed acceptable by the Artist (we have high standards), then Client changes to the completed work will incur additional fees. If the Artist runs into an unforeseen obstacle that will require a change of more than 20% to the approved design, Artist will require further approval from Client before proceeding. This approval may include additional costs depending on the circumstance but this will be clearly communicated to the Client at that time, with various options for proceeding given.

Changes

If Client desires changes to the project after the Artist has given a quote and the deposit has been received, whether or not execution has commenced, this is an adjustment to the project scope and may incur additional fees.

In some instances where the Client has not provided adequate initial information about the project, a ballpark figure has been quoted to the Client to account for some of these possible changes. Sometimes the desired changes may still fall outside of this range and incur additional fees. In this case, the additional cost will be communicated by the Artist in writing and the Client will have the choice to continue within the original scope or make the additions.

Changes throughout the process must be submitted via email (preferred), text or message/DM (least preferred), which will count as signed approval. Verbal changes by Client still count as approval but will be followed up in writing by Artist to confirm.

Changes may incur additional fees if they are received after any due dates or fall beyond the scope of the project, and may affect the schedule significantly. All change fees will be communicated by the Artist before executing the work.

Any changes to approved artwork after it has been provided to the Artist may incur significant fees, as the Artist will have already taken measures to prepare for the project with the approved artwork and will have incurred expenses. Client will be responsible for reimbursing Artist for any such expenses, as well as any additional change and/or rush fees.

Access

If on-site access is not granted during the days and times agreed upon in the schedule or in project communications, completion date can not be guaranteed. Client will be charged for the lost work day(s) for the Artist and any assistants, and any lost expenses, such as equipment, travel, permits, etc.

If access equipment is provided by the Client, as agreed upon in email or Invoice, Client is responsible for access coordination, costs, permits, fines, and any maintenance issues.

If access equipment is to be provided by the Client but is not provided and/or faulty, unsafe, or not sufficient for the requirements of project, Artist may refuse to work until the issue is resolved to the Artist’s satisfaction. In this instance, Client will be charged for the lost work day(s) for Artist and any assistants, and any lost expenses, such as equipment, travel, permits, etc. Schedule may no longer be guaranteed.

If access equipment is provided by the Artist, all access coordination, costs, permits, fines, and any maintenance issues are the Artist’s responsibility.

Client gives Artist the right to use whatever access equipment is necessary to safely complete the job.

Delay of Work

If Client delays the project after payment of the deposit, whether or not execution has commenced, Artist has the option to revise the schedule to reflect the delay, or to terminate the contract and collect a Kill Fee. Client always has the right to cancel the project, as laid out in “Termination of Work” section.

Revising the schedule means the completion date can no longer be guaranteed, unless a new completion date is negotiated.

Revising the schedule may mean an adjustment to the scope, so Artist may present a new quote for approval. If the new quote is not accepted by the Client, the Client may terminate the job. See below section, “Termination of Work”.

If Artist is notified of the delay with reasonable lead time to schedule other work (typically more than 1 month before previously scheduled commencement date, at Artist’s discretion), the adjustment to project schedule will be made with no additional fees charged to Client, as long as no non-refundable expenses were incurred. Client will be responsible for any date-specific non-refundable expenses, such as equipment hire, travel bookings, permits, etc..

If Artist is notified of the delay without reasonable lead time to schedule other work (typically less than 1 month before previously scheduled commencement date, at Artist’s discretion), and decides to delay the project rather than terminate, Client may be responsible for lost expenses and additional fees. These include but are not limited to: lost work day(s) for the Artist and any assistants, and any non-refundable expenses already incurred. See “Payments and Fees” section for an outline of costs associated with changes to scope.

If Artist decides to terminate the contract, refer to “Termination of Work” section. Artist will collect a Kill Fee plus any incurred expenses, and may or may not keep the deposit, depending on how far along the project has come.

If Artist delays the project after receiving the deposit, Client has the option to agree to the revised schedule or to terminate the job. See “Termination of Work” section below.

Completed Work

Work is considered complete once the Artist has sent photograph(s) of the completed project to the Client and received written or oral approval. If no response is received after sending photo(s) of completed work to Client, it will be considered approval at COB that day.

Artist/assistants may make subsequent posts to social media and/or send additional photos or videos to Client, however these are not required and should be considered a nice bonus.

If social media posts and/or additional photos or videos are requested by the Client, these requirements must be communicated in writing at the time of this agreement, and will be negotiated as a separate project and provided at additional cost.

Termination of the Work

If Client does not approve of the preliminary design(s) and does not wish to continue the project or change the scope of work, Artist shall keep all payments made, collect a Kill Fee, and the Agreement shall terminate.

If Client does not give final design approval by the approved artwork due date and therefore the schedule can no longer be met, Artist has the option to either terminate the contract and collect a Kill Fee, or agree upon a different schedule with an updated quote.

A Client may terminate the project at any point. See below sections, “Payments and Fees” and “Kill Fee”.

Artist may terminate the project at any point if the Artist deems that the Client relationship is not working. The Artist will make every effort to work towards an amenable solution before terminating the agreement.

If Artist terminates prior to delivery of designs, the deposit will be refunded to Client, minus a Kill Fee (see below “Kill Fee” section). This Kill Fee covers time spent in Client communications and project preparation. If there have been expenses associated with the job prior to termination, such as materials, travel, etc, those costs will be deducted from the deposit before being returned to the Client. If such costs exceed the amount of the deposit, then the Client will be responsible for those costs and will not be entitled to a deposit refund.

If Artist terminates anytime after the delivery of designs, then the deposit will remain with the Artist to cover design labour and any other costs associated with planning and preparation for the project. If expenses exceed the amount of the deposit, then Client will be responsible for the additional costs.

This Agreement shall automatically terminate on the death of Artist. Artist’s estate shall retain all payments made pursuant to the above.

Termination of any Agreement will be made in writing via email or text/message.

Payments and Fees

50% non-refundable deposit on lowest quoted price is due upon receiving Invoice.

50% remaining balance plus any additional fees and/or materials is due upon completion of the project and receipt of final invoice.

Below fees are standard unless otherwise negotiated prior to Artist receiving the deposit.

Changes to design(s) beyond included scope are charged at $150/hr for small changes to the original design(s), or a $1500 flat fee to start the design process over. This flat fee includes a new set of initial design(s), and 2 rounds of minor edits to the chosen design, as per above description under the Design(s) heading.

Formatting a provided design to a specific wall is included in the original project scope as long as this requirement is communicated to the Artist prior to receiving a quote and prior to payment of deposit. Otherwise it is charged hourly at $150/hr.

Changes to approved artwork are charged at $150/hr if given before approved artwork due date (2 weeks before installation), and $300/hr thereafter. These changes may also incur significant additional fees (see “Changes” and “Kill Fee” sections).

Changes to approved artwork less than 1 week out from installation date may result in delay or cancellation of the project and significant additional fees on top of the deposit (see “Changes” and “Kill Fee” sections).

Changes to completed work are charged at $800/day per each person working, plus any other expenses incurred, such as access equipment, permits, travel, etc.

Installation management is charged at $800/day per each person working, plus any other expenses incurred.

There are no “surprise fees”. All fees are listed in this agreement and on the Invoice(s), and any additional fees will be clearly communicated by the Artist prior to completing the associated work.

When the project is complete, Artist will send Client a final invoice, which is immediately due.

Kill Fee

Upon early termination of this agreement, a kill fee will be paid. This is in addition to the original 50% deposit given. Kill fees are standard industry practice.

If project is terminated prior to being 50% complete, the Kill Fee will be 10% of the total project estimate (if only a ballpark range was quoted at the time of termination, the percentages are taken from the lowest quoted price). So if a project has been quoted at $5k, the kill fee would be $500 on top of the $2500 initial deposit.

If project is terminated after being completed to 50% or more, Client will pay all costs from the 50% mark to the point of termination, and an additional Kill Fee of 10% of total project estimate. Costs include but are not limited to; materials, travel, site visits, meetings, permits, etc. So for a $5k project that has been completed to 75% prior to cancellation, Client costs would be $2500 (50% deposit), $1250 (25% cost of additional work past halfway point), $500 (10% kill fee), plus any other Artist expenses incurred to that point, for a total Client cost of $4250 + expenses.

A project is considered to be 50% complete when the sum of all time spent on design, travel, meetings, communications, painting, etc, is 50% of the total time estimated to be spent on the project. Projects often hit the 50% mark before installation commencement. If requested by Client, Artist will provide documentation to clearly show what stage of the project they are in at time of cancellation, and any other expenses incurred.

Rush Fee

Generally, a job must be booked at least two weeks prior to project installation for non-design projects, or at least 4 weeks prior to project installation for projects requiring a design aspect, otherwise a Rush Fee may be added to the total cost.

The Rush Fee amount will depend on the specifics of the job (amount of lead time, how complicated the logistics are, Artist’s availability, etc). A lead time of less than one week can attract a Rush Fee of up to 100% plus expenses. Most Rush Fees will be between 10-25% the total cost of the job, depending on the lead time and project specifics.

Rush Fees may be waived at the Artist’s discretion, depending upon job specifics and Artist’s schedule. A Rush Fee being waived once does not guarantee it will be waived for future projects, nor should it be expected.

Offering a Rush Fee will not guarantee booking of a job if logistics make completing the job impossible in the timeframe.

Late Fees

Payment is due within terms of this agreement and shown on Invoice(s), or a late fee will be charged. Invoices are generally due upon receipt, unless specifically stated otherwise at time of agreement.

Accounts not paid within terms are subject to a 1.5% monthly finance charge, beginning on the first day after account is due, but not enforced until 30 days past due.

Nothing herein shall prevent the Artist bringing suit based on Client’s breach of contract should the Client be more than 60 days late on payment.

Maintenance and Repairs - Temporary Projects

Client is responsible for maintenance of the completed work after approval.

Client is responsible for returning the project wall(s) back to their original state at the end of campaign if required by wall owner.

Maintenance and Repairs - Permanent Projects

If project is a permanent installation, any and all repairs (other than clear coats) to be made during the lifetime of the Artist shall have the Artist’s approval.

Artist will be given the opportunity to make repairs and restorations at a reasonable fee agreed upon between Client and Artist.

Client is responsible for maintenance of the completed work after approval, unless otherwise agreed upon in writing.

Delivery of Work, Shipping, Installation for Non-Mural Works

Client is responsible for shipping and/or delivery/pickup, and installation, unless specifically agreed upon otherwise in writing.

If Artist delivers completed work, Artist is not liable for any damages incurred to completed work during delivery.

If Artist installs or helps to install completed work, Artist is not liable for any damages incurred to completed work or Client’s establishment during or after the installation.

Artist is only responsible for damage to completed work while it is in Artist’s studio, home, or other rented space in place of a studio.

Insurance and Liability

Artist has a Public Liability Insurance policy with a current and valid Certificate of Currency up to 20 million. Artist only assumes liability within the framework of the insurance policy. Anything outside of the policy is the Client’s responsibility.

Client is responsible for obtaining any other insurance necessary to complete the project. Artist will provide Certificate of Currency and any other necessary information upon request.

Client assumes all liability for any damages or claims made by employees, customers, companies, passersby, humans, or animals, made during or after installation of the project, that is not covered by Artist’s insurance policy.

Anti-Graffiti Coatings

Anti-graffiti coatings are not favoured in most situations. It is the professional opinion of the Artist that anti-graffiti coatings are often more costly to maintain than paint touch-ups, and can often create more problems than they prevent.

Artist is not responsible if anti-graffiti coatings fail or have defects.

Ownership, Copyright and Privacy

Ownership of the design(s) and completed work remains with Artist until Artist is paid in full. Artist will always retain the Intellectual Property and rights of reproduction of the designs, completed work, and any media produced or created for the project, unless otherwise agreed upon in writing. There are significant additional licensing fees associated with transfer of IP.

Client may not hire another artist to execute Artist’s concepts or designs unless explicit permission is given.

If this Agreement is terminated by the Client, the rights to the designs and completed work remain with Artist, and the completed work can be sold to another customer by the Artist. Client shall return all drawings and rights to Artist.

If the Agreement is terminated in the event of illness or events beyond the control of Artist or Client, Client shall own the completed work in whatever degree of completion and shall have the right to complete, exhibit, and sell the completed work if Client so chooses. Client has the right to keep the preliminary drawings in order to complete the project. Artist will always retain the Intellectual Property of the designs, media, and completed work, unless previously agreed upon otherwise.

Artist reserves all rights of reproduction and all copyrights to the completed work, the designs, and any incidental work made in the creation of the completed work. The Artist shall receive authorship credit in the event of any reproductions of the completed work, media, and designs, and must give permission for such reproductions.

Client assumes all responsibility for obtaining necessary copyrights for any logos, designs, images or artwork given to the Artist to replicate.

Client gives the Artist permission to use Client’s name, logo, picture, portrait, and photograph, including but not limited to exhibition, display, advertising, trade, website, and editorial uses, without violation of Client’s right of privacy.

Client gives Artist permission to sign artwork and include social media and/or website information.

Artist shall have the right to access the completed work for as long as the completed work is installed.

Client agrees to attribute and/or tag the Artist in any media, publications, social media posts, or public events relating to the project, and to uphold the Artist’s moral rights.

Alteration or Destruction

Client agrees not to intentionally destroy, alter, modify, or change the completed work or associated designs in any way for the duration of installation.

If any alteration occurs after receipt by Client, the completed work shall no longer be represented as the work of Artist without Artist’s written consent.

Heirs and Non-assignability

This agreement is binding to all heirs, successors, assigns, and personal representatives, and the agreement covers these heirs, successors, assigns, and personal representatives.

Neither party has the right to assign this agreement without prior written consent of the other party.

Jurisdiction

This Agreement is a legal document under the jurisdictions of the courts of Victoria, Australia, and/or the location of the installation and/or completed works.

The individual, company, and/or organisation named on the deposit invoice consent to all the provisions in this Agreement, effective as of the date the deposit is paid.

Severability

If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Alterations, Waivers, Notices, and Change of Address

Any alterations to this agreement shall be made in writing.

Client shall notify Artist of any changes of address, change in the location of the completed work, or change in contact information. Artist shall also notify Client of any changes of address or contact information.