Terms of Service
Last Updated: December 2024
1. Acceptance of Terms
By accessing or using the services provided by SF Bay Murals ("Company," "we," "us," or "our"), including our website and all related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you and SF Bay Murals. We reserve the right to modify these Terms at any time. Continued use of our services after any changes constitutes acceptance of the modified Terms.
2. Services Description
SF Bay Murals provides custom hand-painted mural services, including but not limited to:
- Commercial murals (restaurants, offices, retail spaces, lobbies)
- Residential murals (kids' rooms, nurseries, accent walls, home offices)
- Exterior murals (building facades, outdoor walls, street art)
- Design consultation and concept development
- Touch-up and restoration services
Service availability may vary by location and project type. All services are subject to these Terms.
3. Orders and Pricing
3.1 Quotes and Pricing
All quotes provided are estimates based on initial project discussions and are valid for 30 days unless otherwise specified. Final pricing is confirmed upon project approval and may be adjusted if project specifications change. Prices do not include applicable taxes or permits unless explicitly stated.
3.2 Project Confirmation
Projects are not considered confirmed until:
- Written or electronic approval of the quote is received
- Required deposit or payment is processed
- Final design concept is approved
3.3 Deposits and Payment
A deposit of 50% is typically required to begin work on mural projects. The remaining balance is due upon completion. We accept major credit cards, ACH transfers, and checks from established customers.
3.4 Price Adjustments
We reserve the right to adjust pricing if:
- Project specifications change after confirmation
- Material costs increase significantly between quote and project start
- Additional work is required due to wall condition or access issues
4. Design and Artwork
4.1 Customer-Provided References
Customers may provide reference images, inspiration, and concepts. Customers are responsible for ensuring any provided materials are:
- Free from copyright or trademark infringement
- Accurate representations of desired outcome
- Clear enough to guide the design process
4.2 Design Approval
Digital mockups and concept sketches will be provided for approval before painting begins. Customer approval of the concept constitutes acceptance of the design direction, including colors, composition, and style. We are not responsible for changes requested after painting has begun.
4.3 Color Variations
Colors may vary between digital mockups and final painted murals due to differences in screen displays, lighting conditions, and paint characteristics. We test colors on-site when possible to ensure satisfaction.
5. Intellectual Property
5.1 Customer Materials
Customers represent and warrant that they own or have proper licenses for all artwork, logos, images, and content provided for their projects. Customers agree to indemnify SF Bay Murals against any claims of intellectual property infringement.
5.2 Our Work
Design concepts created by SF Bay Murals remain our property until full payment is received. Upon payment, customers receive a license to display the mural for its intended purpose. The mural becomes part of the property where it is painted.
5.3 Portfolio Rights
Unless otherwise agreed in writing, SF Bay Murals reserves the right to photograph and display completed work in our portfolio, website, and marketing materials.
6. Project Timeline and Access
6.1 Timeline
Project timelines begin after design approval and deposit are received. Timeline estimates vary based on mural size, complexity, and weather (for exterior projects). We will communicate any delays as soon as they are anticipated.
6.2 Site Access
Customers are responsible for ensuring the work site is accessible during scheduled painting hours. This includes:
- Clear access to the wall surface
- Adequate lighting (for interior projects)
- Protection of surrounding areas or furniture
- Building access and parking arrangements
Additional charges may apply for site preparation, special equipment, or scheduling changes.
6.3 Weather Delays
Exterior mural projects may be delayed due to weather conditions including rain, extreme heat, or high winds. We will reschedule at the earliest opportunity at no additional charge.
7. Cancellations and Changes
7.1 Cancellation Policy
Projects may be cancelled within 72 hours of confirmation for a full refund. After 72 hours:
- Before painting begins: 50% refund of deposit
- After painting begins: No refund
7.2 Changes During Project
Minor adjustments during the painting process are expected. Significant changes to the approved design may incur additional charges and timeline adjustments. We reserve the right to refuse changes that compromise the artistic integrity of the work.
7.3 Warranty
We stand behind our work. Touch-ups for peeling, flaking, or fading due to workmanship issues are provided free of charge for 12 months after completion. This warranty does not cover:
- Damage from impact, scratches, or vandalism
- Normal weathering of exterior murals
- Damage from improper cleaning or maintenance
- Substrate failure (wall damage, moisture issues)
8. Limitation of Liability
To the maximum extent permitted by law:
- SF Bay Murals' total liability for any claim shall not exceed the amount paid for the specific project at issue
- We are not liable for indirect, incidental, special, or consequential damages
- We are not liable for lost profits, business interruption, or loss of data
- We are not responsible for delays or failures due to circumstances beyond our control (force majeure)
9. Indemnification
You agree to indemnify, defend, and hold harmless SF Bay Murals and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Content you provide to us
10. Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved through:
- Informal Resolution: Contact us first to attempt to resolve the dispute informally
- Mediation: If informal resolution fails, disputes shall be submitted to mediation in Alameda County, California
- Arbitration: If mediation fails, disputes shall be resolved by binding arbitration under the rules of JAMS in Alameda County, California
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles.
11. Miscellaneous
11.1 Entire Agreement
These Terms, along with any project-specific agreements, constitute the entire agreement between you and SF Bay Murals.
11.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
11.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
11.4 Assignment
You may not assign your rights under these Terms without our written consent.
12. Contact Information
For questions about these Terms of Service, please contact us:
SF Bay Murals
2743 Ninth St, Berkeley, CA 94710
Email: sfbaymurals@gmail.com
Phone: (760) 803-8045