When an artist is commissioned to do a work, either commercial or memorial, it is not uncommon that they will have to enter into a mutual agreement with their clients. The designer will develop and create based on the customer’s requests to the best of their abilities, but because all artwork is unique, there is potential for disagreement about what the final product should be, and who is liable when it is not granted. The laws regarding legal agreements and artist-client liabilities can be tedious and some companies are not even aware of their rights, how to defend themselves and their business interests, or how to protect their customers. Chief among these guidelines is the Pierringer Agreement, which can even be useful in protecting stonemasonry.
In Pierringer v. Hogan, 1980 CanLII 215 (ON CA), the plaintiff sued three defendants in relation to two motor vehicle accidents. The defendants were each insured by a different insurer, and each insurer therefore tried to alleviate financial responsibility for their own insured.
A Pierringer Agreement (also known as a partial release, Pyerringer agreement or Pierringer release), which was named after Pierringer v. Hogan, is an agreement between defendants in a tort action. This type of agreement is usually entered into after pleadings have been filed, close to trial.
Basically, a Pierringer Agreement is an agreement entered into between co-defendants in an action for personal injury, where one of the defendants pays a portion of the damages awarded to the plaintiff in exchange for the plaintiff’s covenant not to sue them further. This comes in handy when all defendants agree that one co-defendant is more responsible than the others, or when the co-defendants are insured by different insurers. Each co-defendant agrees to only be responsible for their own level of liability, with one of the defendants generally paying all damages awarded by the court, and the other defendants subsequently reimbursing well at the agreed upon rate.
Small businesses, and family-owned craftsmanship businesses in particular, would benefit from an arrangement like this. For example, a family-owned stonemasonry business like SPB Stoneworks Ltd out of Calgary, Alberta, does not stand to gain financially from a successful suit against their customer or their customer’s family, and if it came to an arrangement like this, they would have little choice but to play the victim card.
Instead, artisanal craftsmanship businesses would likely simply like to be paid fairly and get along with their clients. Further, most artisans would be able to rely on their good intentions, and their desire to create a quality and stable product. They would not be likely to be unduly influenced by third parties like their family or friends, or be abusive or demanding towards their client, and likewise, their client should understand that they are investing in a quality handcrafted product, especially in Alberta where Pierringer agreements are more common.
For example, an artist might create a unique commissioned piece for a customer celebrating the life of a loved one. In this scenario, a family-owned or running arts and crafts business would likely not want to get into a legal tiff with a client, and would want to protect their family business. They would probably want to enter into a Pierringer Agreement so no one is liable except for the party that devotes the most labour to the agreement, because their business and personal time are almost always linked.
Additionally, Pierringer Agreements clarify contractual relations within the context of the litigation process. For example, the case of Pierringer v. Hogan gave the courts the opportunity to state the above agreement. In short, the agreement endeavours to protect clients from being unduly affected by their affiliates or partners, but also protects business entrepreneurs by articulating a fair apportionment of liability among parties involved.
Even the most reliable customer could descend into a cauldron of bitterness and resentment over poor service, and without a clear Pierringer Agreement, misunderstandings can be all too easily misinterpreted into a courtroom abuse of justice.
By helping their customers to navigate the delicate dance of crafting personalized memorials, stonemasons like SPB Stoneworks Ltd craft their customers’ stories in stone. However, this also extends to protecting the interests of the parties involved in the event either party fails to produce the agreed result. Pierringer Agreements provide clarity and protection as a legal precedent for small businesses that do not want to deal with customer complaints or legal actions.