Agreements and Contracts

The following are biz policy suggestions for professional artists making commercial and fine art works based on a collection of hard lessons learned

  • When engaged by clients, please refrain from designing anything for anyone without getting paid for your time. At any given time, you are busy creating things for your work or for other clients. Please have respect for your own practice and other paying clients and do not make room in your pipeline without some sort of deposit.

    • Offer them a design phase that consists of a certain amount of designs for X amount. This should also include or not include revisions, your choice but make sure to address how many revisions and how long that process should last. (“client has 10 day to request revision on artist designs”)

  • Try not to estimate for work without all of the details (see below for scope outlines). The fabrication and glass work should be considered a separate product from installation and transportation. The client is more than welcome to pick up and self-install work produced, or you could install for an added cost. That cost should be determined only after you find out the details and needs of the space. You don’t want to say it costs X, and come to find out later than it is a lot more work than anticipated.

  • Things change, that’s a constant. Make the client aware that adjustments for cost could happen. Protect yourself with a scope agreement (below) so you may charge for items or services outside of originally outlined for the scope of the job.

  • Always take a deposit before the start of work. 50% is recommended to cover material costs

  • (Neon specific) - You should ALWAYS use new transformers for work purchased. Please consider this for exhibition work as well. We all know that we use what we have around in many cases, but you cannot sell work to a client or collector with a transformer that is 3 years old. The cost of transformers is additional to the cost of “the work”, which includes glass, wire, boots and your labor. The reason for this is - you may have a collector in Italy that requires different transformers to power the work there.


Scope Agreements.

Good to use for small to medium size jobs and sign work.

Get as much information as possible for your projects.

  • Size

  • Color

  • Font (if applicable)

  • Framing or panel needed?

    • Material

    • Color

  • Installation needs

    • delivery or pick up?

    • the needs of the space (wall type, hardware needs)

    • Is a permit or special permissions required?

… and more. By considering as many things as possible, you are protecting yourself from any situation down the line in which the client wants to make changes that cost you. This way, you can refer back to this agreement and remind your client that anything outside of the scope will affect the cost.

Bigger Agreements

More in-depth and “official” (attorney drafted) agreements may be considered for much larger projects involving permitting and major infrastructure. These agreements negotiate liability, warranties, insurance etc. Neon professionals should always consider liability when putting your work in someone’s space. Other artists and creatives may have their own liabilities to consider (large paintings or sculptures hung overhead, for example) Some things to think about:

  • You may be facilitating other contractors in the production of the project. In this case, you want to manage expectations of liability and responsibility amongst all parties. For example, “Artists will endeavor to work with contractors that carry the appropriate insurance required by ______.”

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SAMPLE SCOPE AGREEMENT

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Sample scope agreement

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SAMPLE SCOPE AGREEMeNT

Meryl Pataky