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Articles of Agreement
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| 1. |
The following agreement is intended to
fully disclose the scope of business to be conducted between the Parties
involved. The "Parties" being the Offeror, "Jeffrey
T. Short for toddbenson.com" and the Offeree "______________." |
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| 2. |
It shall be recognized and noted that both parties understand an Agreement
is "a voluntary offer made, and accepted by two parties with
the full capacity to contract." Thus both parties agree by self
and by witness that they have the capacity to contract and do so on
a voluntary basis.
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| 3. |
The Offeror is in the business of developing
and producing artwork from a photographic reference, for which the
Offeree shall be the subject of this artwork if he/she accepts this
agreement. The Parties contractual agreement shall exist for the period
of _______ following the time of the Agreement as dated and signatured
below.
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| 4a. |
The Offeror shall be entitled to an initial
photo shoot with the Offeree. The session shall be conducted via the
discretion of the Offeror, and to be completed when he feels that
he has captured the essence of what his art will represent. The session
shall not however exceed ___ hours a day, or ___ days in whole. The
time and place of the photo session and the photographer to be used
shall be, of mutual consent, determined at a later date not to exceed
___ days from as dated and signatured below.
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| 4b. |
Alternatively, if the Offeree is unable
to perform a photo session for any reason, time, distance or expense,
existing photos may be used for the same purpose and follow the same
guidelines as outlined in Articles 3, 4a and 7.
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| 5. |
Upon completion of the photo session
the Offeror agrees to disclose his finished product, including artwork
and photographic images, to the offeree no later than ___ months from
as dated and signatured below. Disclosure upon completion to the Offeree
is simply a matter of privilege, not consent. The Offeror shall hold
full discretion upon the completion and acceptability of his work.
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| 6. |
With full discretion of his artwork the Offeror agrees to the following:
his artwork shall reasonably and with the utmost taste represent an
artistic reproduction of the photos obtained in Article 4 of this
agreement. The artist may change simple facts such as colors, garments,
props, jewelry and/or positions to capture the essence of his creation,
but only if the artwork is defaming or insulting in appearance may
the Offeree have any say on the continuation of the business process
to which he/she has partaken.
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| 7. |
It is the sole intent of the Offeror
to establish a business that can benefit both parties professionally
and financially. As in any market niche, "exclusivity" is
of the utmost importance. It is not within the scope of the Offerors
limits to deny the Offeree the ability to work with other artists.
It is, therefore, set forth that the Offeree agrees NOT to communicate
any concepts or ideas of the unique artwork created by the Offeror.
In turn the Offeror agrees NOT to use any of the photos obtained,
in article 4 of this agreement, for gain in their raw form. Photos
obtained will only be used as a guide for artistic reproduction.
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| 8a. |
Compensation to the Offeree upon acceptance:
The Offeror agrees to pay the Offeree on a quarterly basis at the
rate of ____% of Net Sales of his/her images sold. Payments and all
applicable taxes shall be the responsibility of the Offeror. The Offeree
shall also be aware that that the quarterly disbursements will directly
reflect actual sales obtained in the quarter in question. Although
payment lies in the hands of the Offeror, full disclosure of all relative
information regarding sales and orders is available upon request to
the Offeree throughout the life of the parties direct business relationship,
i.e.; until reproduction prints of the Offeree are no longer being
sold.
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| 8b. |
Alternative compensation to the Offeree
upon acceptance: The Offeror agrees to pay a flat rate for photos
obtained either during photo sessions or by acquiring existing photos.
A sum of $_______ dollars will be payable to the Offeree for #_____
photos upon Offerors' perusal and acceptance of images depicting the
quality of what the artist feels reference materials for his artwork
need to represent.
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| 9. |
This Agreement shall automatically terminate
upon the occurrence of the following: (a) the Offeror and the Offeree
mutually and voluntarily agree in writing to termination. (b) if the
Offeree fails or refuses to timely, faithfully or diligently perform
the duties and obligations of his/her employment, or the terms and
provisions of this Agreement. (c) if the Offeror dissolves or ceases
to conduct business, in which cause compensation will be mutually
agreed on between the two parties. Compensation to the Offeree not
to exceed 30% of net worth. (d) in the instance of death in either
parties, termination will automatically occur if no photos had been
obtained (prior to death of Offeree) and /or artwork had not been
completed (prior to death of Offeror). It shall be noted that if photos
had been attained (prior to Offerees' death) the Offeror is granted
the exclusive right to the business and its' profits. If the artwork
has been completed (prior to Offerors' death) the, as appointed by
the Offeror, custodian of the Offeror, shall continue the business
activities as stated in this Agreement.
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| 10. |
This Agreement constitutes the entire
voluntary offer and acceptance between the Offeror and the Offeree.
It is again acknowledged that by signing this agreement you do so
(1) voluntarily and (2) with full consent of your capacity to enter
into a contractual agreement. This Agreement shall not be modified
or amended without a voluntary written instrument signed by both parties.
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