JANINE TONKIN ART

TERMS & CONDITIONS

Last Updated: April 2026

Community Murals

Terms & Commissioning

Janine Tonkin Art | Artist, Author & Creator of Wild, Wonder & Bloom™

These terms explain the general basis on which Janine Tonkin Art develops and delivers community mural and public-art commissions. They are written for publication on the Janine Tonkin Art website and apply alongside any project-specific quotation, proposal, purchase order, funding arrangement or written agreement.

Every project is different. The precise scope, fee, responsibilities and delivery arrangements will therefore be agreed for each commission. These terms are designed to make that process clear while protecting the artwork, the client, participants and the professional work involved in bringing a public artwork from first idea to completion.

Community mural commissions

Janine Tonkin Art creates original, professionally developed murals for housing providers, councils, schools, community organisations, businesses, public spaces and other commissioned environments. Each mural is approached as a complete creative project rather than simply a painting service.

Depending on the brief, a commission may include site assessment, research, community insight, original artwork, technical planning, surface preparation, specialist contractor coordination, project management, participation, installation and final documentation.

What a mural commission may include

The professional work required will depend on the individual project. A commission may include:

initial brief development, site visits and measurement

wall, surrounding land and access assessment

place, heritage, environmental or community research

consultation interpretation and creative development

original artwork, concepts and scaled designs

technical planning, surface-preparation planning and material selection

specialist contractor coordination, procurement and costing

risk, access, programme, maintenance and project documentation

mural installation and professional project management

artist-led community participation, mentoring or skills development

project photography, completion information or agreed reporting.

Not every commission requires every element. The final scope will be set out in the relevant quotation, proposal, project agreement or other agreed commissioning arrangement.

How the commissioning process works

Initial enquiry

The first conversation is exploratory. It helps establish the proposed location, approximate size, intended audience, desired outcomes, timescale, likely budget and whether Janine Tonkin Art is the right fit for the project.

Initial site assessment

Where appropriate, an initial site visit may be arranged to consider the wall, access, surroundings and obvious practical requirements. An exploratory conversation or initial visit does not itself include substantial design, research, technical planning or project-development work unless agreed.

An initial site visit is exploratory and does not constitute acceptance of the project or a commitment by Janine Tonkin Art to undertake the commission. The visit allows Janine to consider the wall, location, access, surrounding environment, creative suitability and any practical or professional considerations before deciding whether the project is appropriate to progress. A decision to proceed will be confirmed separately following the initial assessment. 

Scope and quotation

Once enough information is available, Janine Tonkin Art may provide a quotation, proposal or written scope. Mural pricing reflects the professional and practical requirements of the whole project and is not calculated solely by square metre.

Creative development and design

Substantial bespoke creative, technical or project-development work will normally begin once an appropriate commissioning basis has been agreed. Depending on the project, this may be a Creative Development & Design Fee, deposit, purchase order, funding-development arrangement or written or verbal authorisation to proceed.

Where a client asks, instructs or authorises Janine Tonkin Art to begin project-specific professional work before a deposit or final commission is in place, that work is not automatically provided without charge.

Design approval

Designs are developed within the agreed brief. Reasonable refinements may be included where specified. Significant changes, additional concepts or changes to the site, brief or objectives may require additional fees.

Preparation, installation and completion

Once the design, site and programme are confirmed, preparation and installation can begin. Cleaning, treatment, stabilisation, base coating and paint systems may require separate stages and drying or curing periods. At completion, agreed finishing, photography, publicity, participation outcomes, handover information or other completion materials will be provided where included in the scope.

Pricing

Every mural is individually quoted. Cost depends on the overall project rather than wall size alone. Factors can include wall dimensions and condition, surface type, access, preparation, design complexity, research, consultation interpretation, revisions, materials, specialist contractors, equipment, travel, community participation, mentoring, documentation and reserved working dates.

External contractor costs, specialist access, permits, licences, traffic management, security, welfare facilities or other third-party requirements may be quoted separately where appropriate.

Funding applications & pre-commission development

Many community mural and public-art projects depend on grants, external funding or formal approval. A client may therefore need preliminary professional input, indicative costs, project information or advice before a full commission can be confirmed.

The absence of a deposit or final commissioning agreement at this stage does not automatically mean professional services are being provided without charge. Pre-commission or funding-development work may be agreed through written or verbal communications, a development fee, quotation, purchase order or another arrangement appropriate to the project.

Where Janine Tonkin Art undertakes professional work at the client's request or in reasonable reliance on an agreed project-development process, that work will be recognised as professional services undertaken in good faith and treated in accordance with the communications, agreed arrangements and circumstances of the individual project.

Funding applications, approvals and funding decisions remain the responsibility of the client or relevant applicant unless Janine Tonkin Art has specifically been commissioned to provide those services. Professional input does not guarantee that funding, approval or a subsequent commission will be secured.

Creative development & design fees

Creative development is professional work. It may include research, meetings, consultation interpretation, concepts, sketches, original artwork, scaled design, technical planning, written proposals, delivery planning and project documentation.

Where substantial development is required before final delivery can be confirmed, Janine Tonkin Art may charge a separate Creative Development & Design Fee. Unless otherwise agreed, this covers the professional work undertaken during that stage whether or not the mural later proceeds to installation.

Payment for creative development does not transfer copyright or grant permission to reproduce, adapt, implement or commission another person to execute the design unless expressly agreed in writing.

Wall ownership, land access & permissions

The client is responsible for confirming that it owns the proposed mural surface and the land required for access and delivery, or has the necessary authority and written permission from the relevant legal owner or owners, before detailed creative development begins.

Where planning consent, landlord consent, highways approval, licences, permits or other third-party permissions are required, responsibility for obtaining them will be agreed before work proceeds.

If ownership, permission or suitability issues arise after development has begun, professional work already undertaken remains chargeable. A replacement wall or materially different site may require a new assessment, revised design and new quotation.

Wall condition & surface preparation

A mural is only as sound as the surface beneath it. Janine Tonkin Art may assess visible conditions but cannot guarantee hidden defects, structural movement, moisture ingress, failed render, salts, contamination, historic coatings or other latent conditions that are not reasonably apparent.

Preparation may include specialist cleaning, treatment, stabilisation, priming or base coating. Drying and curing periods form part of the technical process and may affect the programme.

Structural condition, site liability & insurance

Janine Tonkin Art's responsibility relates to the professional artistic services and project activities specifically agreed within the commission. Commissioning a mural does not transfer responsibility for the ownership, structural integrity, underlying condition, safety or ongoing maintenance of the wall, structure, surface or surrounding land to Janine Tonkin Art.

The client is responsible for ensuring that the proposed wall, structure and working area are suitable and safe for the intended project and for arranging structural surveys, engineering advice, repairs, alterations or specialist assessments where required.

Structural alteration, demolition, drilling, fixing, construction work or other activity outside the agreed mural works must be identified and assessed separately and must not be assumed to fall within Janine Tonkin Art's responsibility, insurance cover or project liability.

Janine Tonkin Art may pause, decline or require changes where site conditions, ownership arrangements or activities requested by others could create an unreasonable safety, professional, contractual or insurance risk.

Where an ownership, structural, site, access, permission, safety or insurance issue is identified after professional work has commenced, this does not remove the client's responsibility to pay for professional services already undertaken and committed project costs up to that point. This also applies where relevant circumstances were not disclosed, identified or reasonably apparent before work commenced.

Materials & paint systems

Janine Tonkin Art selects materials and paint systems according to the substrate, exposure, design, maintenance considerations and practical requirements of the individual site.

Products or brands should not be purchased, donated or substituted for use in the project without prior agreement. Unsuitable or unapproved materials may affect performance, finish, compatibility and professional delivery.

Changes to the brief, wall or project

A quotation is based on the agreed site, brief and scope. If the client changes the wall, location, dimensions, design direction, audience, participation model, research requirements, programme or another material aspect of the project, Janine Tonkin Art may revise the fee, programme and scope. A substantially different wall, site or brief may be treated as a new project.

Reserved dates, delays & postponement

Outdoor mural work is weather and surface-condition dependent. Installation dates may need to move because of rain, damp surfaces, unsafe conditions, extreme temperatures, contractor delays or other matters outside the artist's reasonable control.

Where a client postpones, suspends or cancels a project after dates have been reserved, or where the project is delayed, prevented or materially changed due to ownership, permissions, access, approvals or other matters within the client's responsibility, Janine Tonkin Art may charge for professional work already completed, committed external costs and reserved capacity in accordance with the project-specific arrangement.

Cancellation

If a project is cancelled, professional services completed up to the date of cancellation remain payable together with non-refundable materials, contractor bookings, access hire, travel or other committed project costs. More specific cancellation terms in a project quotation, proposal or agreement will take precedence where applicable.

Community consultation

Where community consultation forms part of a project, its purpose, method, responsibility and intended use should be agreed in advance.

Community ideas, local history and public information may inform the creative process. Janine Tonkin Art then uses professional artistic judgement to research, assess and interpret that information into an original artwork, including considering copyright, intellectual property, permissions, source material and other relevant creative or legal considerations. Community contribution does not transfer authorship of the resulting mural design.

Where consultation is undertaken by the client or another organisation, Janine Tonkin Art may rely on the information supplied but is not responsible for the consultation process, participant recruitment or accuracy of information gathered unless those services form part of the commission.

Community participation

Where public or resident participation is included, it is structured as part of an artist-authored artwork. The extent of participant contribution, permitted areas, materials, timing and level of artist facilitation will be agreed for the individual project.

Participation does not transfer authorship, copyright or overall artistic direction. Janine Tonkin Art retains responsibility for the overall creative composition unless otherwise agreed in writing.

Community events, safeguarding & supervision

Where a project includes community painting, workshops, reveal events or other public engagement, Janine Tonkin Art's role is the artistic facilitation and professional services specifically agreed for the project.

Unless expressly agreed otherwise, the client, commissioner or event organiser remains responsible for management and safety of the wider event or site including participant supervision, safeguarding arrangements, permissions and consent, accessibility, crowd management, first aid and other event-specific requirements.

Janine Tonkin Art is not responsible for acts, omissions or conduct of participants, members of the public, client staff or other third parties outside its reasonable control.

Independent contractors & specialist works

Janine Tonkin Art may appoint and pay suitably qualified independent contractors or specialist providers where a project requires services outside the artist's professional expertise, including specialist cleaning, surface treatment, repairs or other preparatory works.

Janine Tonkin Art will take reasonable steps to engage appropriate contractors and may obtain relevant insurance, risk, safety or technical information as part of its own project-management process. Relevant controls or safety requirements may be incorporated into Janine Tonkin Art project documentation where appropriate. This does not require the contractor’s underlying commercial, insurance, risk-assessment or technical documents to be routinely supplied to the client unless disclosure is reasonably necessary, agreed or legally required.

Each independent contractor remains responsible for the specialist services they provide, their working methods, workmanship, materials and treatments used, health and safety obligations, insurance and compliance with applicable requirements.

Janine Tonkin Art is entitled to rely reasonably on specialist advice, safety information and completion confirmation supplied by an independent contractor. This includes a contractor advising that specialist cleaning, chemical treatment or other preparatory work has been completed and that a treated area is safe for normal access or subsequent project activity. Janine Tonkin Art does not independently certify the safety, chemical composition or specialist technical performance of work outside its professional expertise.

If an issue later arises from a contractor's workmanship, specialist treatment, materials, professional advice or failure to comply with their obligations, responsibility for that specialist work remains with the relevant contractor, subject to applicable law. Where reasonably necessary following an incident, complaint, insurance matter or legal requirement, relevant contractor information may be provided to the client, insurer or other appropriate party.

Where a specialist treatment requires a temporary exclusion area or closure, the relevant contractor’s safety and reopening advice will be followed. The client remains responsible for ensuring that its staff, residents, participants and members of the public comply with communicated site restrictions, exclusion periods and safety instructions.

Artist development, mentoring & work experience

Training, mentoring, artist-development placements, work experience or practical learning opportunities are separate professional elements and are included only where specifically agreed. Where commissioned, participant numbers, supervision, learning outcomes and responsibilities will be agreed in advance.

Research, evaluation, case studies & professional outputs

If a project contributes to research, evaluation, organisational learning, academic work, professional development, exhibitions, case studies, presentations, funding reports or other outputs, this should be disclosed and agreed before substantive development begins.

Any proposed use of Janine Tonkin Art's artwork, research, written material, consultation interpretation, methodology, project structure, photographs, findings or professional contribution must be appropriately scoped and attributed. Participation in a mural project does not automatically grant permission to reproduce separate research, methodology, written materials or creative-development documents.

Exhibitions & public display

Where sketches, concepts, working drawings, photographs, project documents or other creative-development materials are proposed for exhibition or public display, the intended use must be agreed in advance. Approval to display or promote the finished mural does not automatically include approval to publish or exhibit confidential working materials, rejected concepts, preparatory designs or project-development documentation.

Copyright, designs & intellectual property

Unless expressly assigned in a written agreement signed by Janine Tonkin Art, copyright in original artwork, mural designs, sketches, concepts, visual development, written materials and preparatory work remains with Janine Tonkin Art.

Designs and proposals supplied for review, approval or commissioning are provided for that purpose. They may not be copied, reproduced, adapted, traced, recreated, passed to another artist or contractor for implementation or used to develop alternative artwork without prior written permission.

Paying a design fee, project fee or mural invoice does not by itself transfer copyright. Ownership of a physical wall or finished physical asset is separate from copyright in the artwork.

Further detail is set out in the Janine Tonkin Art Intellectual Property & Copyright Policy and Licensing information available on the website.

Photography, publicity & attribution

Unless otherwise agreed, the commissioning client may photograph and promote the completed mural for reasonable non-commercial purposes connected with the project such as community engagement, education, publicity, stakeholder communications and project reporting.

Janine Tonkin Art retains the right to photograph, publish and promote completed artwork for portfolio, website, social media, exhibitions, marketing, press, publications, case studies and professional development. Where reasonably practical, public-facing references should credit “Artwork by Janine Tonkin Art” or the project-specific credit agreed in writing.

Commercial licensing, merchandising, product use, brand campaigns, paid advertising or third-party commercial exploitation require separate written permission.

Third-party sponsorship, donated materials, filming & commercial partnerships

Any involvement of a third-party sponsor, materials supplier, commercial partner, brand or promotional organisation must be discussed with and approved in writing by Janine Tonkin Art in advance.

No commissioner, client, host, partner, collaborator or project representative may enter into, offer or imply a sponsorship, materials, promotional, publicity or commercial arrangement relating to Janine Tonkin Art, its artwork, creative process or project delivery without prior written agreement from Janine Tonkin Art.

The provision or donation of materials, products, services or other support does not grant the provider rights to Janine Tonkin Art's artwork, designs, intellectual property, name, brand, image, creative process or project documentation.

Proposed third-party photography, filming, interviews, behind-the-scenes content, branding, sponsorship acknowledgement, social-media content, advertising, publicity or other promotional or commercial use connected with the artist, artwork or its creation must be disclosed and agreed separately in writing in advance.

Janine Tonkin Art may decline any sponsor, supplier, commercial partner, filming arrangement or promotional involvement considered inappropriate for the artwork, project, artist, brand or professional practice. No third-party commercial or promotional rights should be assumed from participation in, contribution to or supply of materials for a Janine Tonkin Art project.

Alterations, repairs & maintenance

Murals are exposed artworks and their condition can be affected by weather, moisture, substrate condition, pollution, vegetation, impact, vandalism, cleaning methods and future building works.

Janine Tonkin Art does not normally apply a protective or anti-graffiti topcoat unless specifically agreed for the site. This allows damaged areas to remain directly repairable in many circumstances.

The client should not repaint, substantially alter, restore or commission another person to modify the artwork without first discussing the proposed work with Janine Tonkin Art except where urgent safety or building works make this impossible. Future maintenance, touch-ups, repairs or restoration are not included unless specifically stated in the original quotation.

Weather, longevity & guarantees

No outdoor mural can be guaranteed for a fixed lifespan because longevity depends on the wall, preparation, exposure, moisture, environmental conditions, maintenance and events outside the artist's control.

Janine Tonkin Art will use professional judgement, appropriate preparation and suitable materials for the agreed site but cannot guarantee against structural defects, moisture ingress, vandalism, accidental damage, future building works or environmental deterioration.

Client responsibilities

The client is responsible for providing accurate information about the site and project, confirming wall and land ownership or authority, obtaining required permissions, disclosing known defects or access restrictions, providing agreed site access, making payments by agreed dates, obtaining internal approvals, managing safeguarding and participant logistics where applicable and disclosing relevant research, publicity, exhibition, sponsorship, filming, promotional or other third-party uses.

The client must not supply Janine Tonkin Art's designs or development materials to third parties for adaptation or implementation without written permission.

Professional boundaries

Janine Tonkin Art works collaboratively and in good faith but professional boundaries are necessary to protect the artwork, the client, participants and the viability of the project.

Advice, research, training, creative development, design, technical planning and project management are professional services. Substantial work outside the agreed scope may be quoted separately.

No client, partner, funder, participant or third party acquires ownership of Janine Tonkin Art's wider methodology, artistic language, research, systems, templates or intellectual property merely through involvement in a mural project.

Project-specific agreements

These website terms provide the general basis on which Janine Tonkin Art undertakes community mural and public-art commissions. A project may also have a quotation, proposal, scope, purchase order or written agreement containing project-specific requirements. Where a project-specific written agreement expressly varies these general terms, the project-specific wording will apply to that issue.

Acceptance & authorisation to proceed

Project arrangements may be agreed through a formal written agreement, accepted quotation, purchase order, email correspondence or other written communication. In community, public-art or funding-led projects, arrangements may also be discussed and agreed verbally.

Where a client asks, instructs or authorises Janine Tonkin Art to commence professional work, prepare project-specific materials, undertake research, develop concepts or designs, obtain quotations, attend project-development meetings or otherwise progress a project, this may constitute authorisation to undertake those professional services even where a separate formal contract or deposit has not yet been completed.

Janine Tonkin Art may rely in good faith on instructions, approvals and project decisions communicated by the client or its authorised representatives. Professional services undertaken following such instruction or authorisation remain subject to these terms and any project-specific arrangements agreed between the parties.

Fees and quotations
Each project is individually priced according to its scope and requirements. A final quotation may only be possible once sufficient project information has been established, which may include site requirements, creative scope, preparation, materials, specialist contractor costs, access, community participation and other delivery considerations.

Where substantial research, creative development, technical planning, contractor liaison, costing or other project-specific professional work is required in order to develop the project or establish its final scope, a separate development fee or other agreed charging arrangement may apply before the final mural quotation is issued.

Any early indication of likely cost, budget range or feasibility is provisional unless confirmed by Janine Tonkin Art as a formal quotation.

Janine Tonkin Art may choose to offer a project-specific reduction, supported rate or other pricing arrangement at its discretion. Any such arrangement applies only to the individual project for which it is offered and does not establish a standard rate or entitlement for future work.

Waiver

If Janine Tonkin Art chooses not to enforce any part of these Terms on one occasion, this shall not prevent us from enforcing those rights in the future

Severability

If any provision within these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless applicable consumer legislation provides otherwise.

Changes to These Terms

Janine Tonkin Art reserves the right to amend these Terms and Conditions at any time.

The most current version will always be published on this website.

Continued use of the website following any updates constitutes acceptance of the revised Terms.

Ready to discuss a wall?

If you have a wall, public space or community site in mind, contact Janine Tonkin Art with the location, approximate dimensions, photographs if available, intended audience, project aims and likely timescale. An initial conversation can then establish the most appropriate next step.

For Intellectual Property & Copyright, Licensing, Privacy and other legal information, please refer to the relevant policy pages on the Janine Tonkin Art website.

Contact

Questions regarding these Terms and Conditions should be directed to:

Janine Tonkin Art

Email: [email protected]

Website: https://janinetonkin.com