Rocky Millwood appeals from the trial court’s order denying his motion for a temporary restraining order and an injunction against Art Factory, Inc. Millwood contends the trial court erred when it determined that Art Factory “never entered into an enforceable contract with him.” Based upon the lack of a transcript of the hearing on the motion for injunctive relief, we affirm. The record shows that Art Factory issued a detailed written call for artists that stated: The Art Factory announces a call for proposals for an outdoor mural painting focused on the theme “Water.” This project will be painted on the Wrightsboro Rd. wall of the newly refurbished Augusta Water Works facility at Highland Avenue and Wrightsboro Road. . . . Artists must reside in the CSRA, complete an original un-signed design in color on provided template and submit design for juried selection by January 25, 2010 . Design must incorporate the theme of “Water” and be in colors true to finished project. Artists may submit only one design. The winning submissions will become the property of the Art Factory. . . . Jurists will select only six artists to complete one each of six paintings. Walls vary slightly in size and finished paintings will be approximately 12′ x 31.’. . . Selected artists must contract with the Art Factory to begin work in March 2010 pending any weather challenges and must be completed by June 1, 2010. All supplies, including acrylic paints, brushes, and scaffolding necessary to complete painting, will be provided. Artists will receive an honorarium of $4,500 upon completion. . . . Emphasis in original Millwood submitted a proposal and learned on February 1, 2010, “that he had been chosen as one of the six artists to work on the project.” The Executive Director of the Art Factory told him in the same telephone call that she “would be back in touch with him about the signing of the contract.” When she later learned that Millwood “may have copied his submission from a photograph published by another artist,” she called Millwood, who acknowledged that “he had indeed copied his work from a photograph on the internet and that he did not have permission to do so.” She “then resubmitted his work to the judges for a determination as to whether it should be disqualified. The judges determined that Millwood’s submission was copied from another artist’s photograph and should be disqualified as it was not an original work.”
The Art Factory chose another artist and by February 24, 2010, it “entered into written contracts to begin the project” with six other artists. The written agreement used by the Art Factory with the six other artists contained the same essential terms as the call for artists.
