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You may print this contract and use it for it's intended purpose
 
 

Articles of Agreement
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 "______________."
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.
   
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.




Offeror:_________________  Date:________  Witness: _________________

              Jeffrey T. Short for toddbenson.com






Offeror:_________________  Date:________  Witness: __________________

             as stated in Article 1 of this Agreement