Quality original sculpture is costly, so a contract to guide all parties can significantly mitigate the risks. But more importantly, it can harmonise the collaboration between all parties.
Even if you know and trust the sculptor it’s always wise to document key points and expectations for a strong working relationship and a satisfying journey..
Why a contract?
The word ‘contract’ makes some artists cringe, thinking it’s an attack on their creative freedom. But it’s simply a written agreement to protect the rights of both parties.
Yes, it’s legal document enforceable in a court. More important, though, is its role in providing an understanding that will achieve the desired results via simple, clear, direct communication, expressing what each party is committing to.
Instead of an adversarial script, a good contract steers all parties towards a collaborative outcome with a thoughtful roadmap that can enhance the client/artist relationship rather than inflame it.
The higher the value and complexity of the sculpture, the greater the possibility of issues arising and things going wrong. If you have no relationship with or experience of working with the artist, you both may be exposed to mishap.
Common contract mistakes…
Large construction projects generally involve a sculpture component. With tens, and potentially hundreds of millions of dollars involved, project managers want risk and legal protection at every step, fairly or otherwise. The bigger the project, the bigger the contract, often in language confusing or unintelligible to the artist.
Often, the artist finds the contract overwhelming and simply backs out. Worse, they submit to a mystifying agreement hoping for the best, and later find themselves entangled in a disaster.
Contracts — a two way street
Contractors and project managers who procure so-called off the shelf sculptures for their projects, often misunderstand the unique process behind the arrangement.
Reputable artists have formulated processes, such as our Ten Steps procedure. These are structured and proven to meet formal contractual obligations.
Inexperienced clients may need some initial education about mutual obligations, but the precedents are there to prove that common sense, goodwill, and experience can resolve issues long before legal intervention is necessary.
Contracts are always a double-edged sword
The artist’s ability to supply the sculpture within the deadline is often dependent on the client’s designers’ feedback. This governs the artist development or completion of a stage, as well as progress payments within the agreed timeline.
If the artist lacks contractual experience or assertiveness, they can find themselves blamed for issues caused by other parties.
Contracts help frame an accurate budget
Clients sometimes point out they lack a clear idea of a final budget until the process concludes.
A simple contract clearly communicates what’s included, what isn’t and what’s provisional. This effectively lets the client know what, if any, allowances they should make to finalise the installed commission.
From experience, especially with private or smaller contracts, most points can easily be covered in a page. Major contracts can be comprehensively and clearly stipulated in two to four pages.
We are artists and creatives, not lawyers. The information in this blog is for informal guidance only and is no substitute for professional legal advice. However, a transparent conversation with the artist, and a comprehensive written brief, can go a long way to ironing out issues before they arise.
Call Todd Stuart on +61 4 5151 8865, or visit mainartery.art to start the contract conversation.
