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General Agreement Information

A custom work (the “Custom Work”) is an original creative work which is produced as a result of a party other than Potluck Creative Arts (the “Participant”) working directly with Potluck Creative Arts through one or more conversations (the “Session(s)”) to define the needs of the work and Potluck Creative Arts developing the work itself, with the Participant’s role remaining informational only and not production-oriented per se.

For each individual Custom Work, Potluck Creative Arts requires that an Agreement for Custom Works (the “Agreement”) be completed to indicate acknowledgment of and agreement to all the terms of the Policy for Custom Works (the “Policy”). Potluck Creative Arts will develop a Custom Work with the Participant only if Potluck Creative Arts possesses an Agreement that has been properly completed to commission the Custom Work.

The Agreement is to be completed by the Participant or, if the Participant is a minor, a legal guardian of the Participant. The completer of the Agreement will generally be the person who provides payment for the Custom Work and will be referred to as the “Patron” even if another party is providing payment. The Patron may or may not also himself or herself be the Participant. The Agreement becomes binding between Potluck Creative Arts and the Patron upon its completion by the Patron and receipt and approval by Potluck Creative Arts. The Agreement will hold with respect to the version of the Policy which is present on the Potluck Creative Arts website as of the Patron’s dating of the Agreement.

The Agreement will remain in tact indefinitely, with the terms of the Policy applying indefinitely for the Custom Work commissioned via the Agreement. Certain exceptions that would reduce this scope of application may be requested in writing (including email) by the Patron and will be considered at the discretion of Potluck Creative Arts. Potluck Creative Arts reserves the right to cancel the Agreement at any time and for any reason it deems appropriate.

Participant Information

The Patron will provide in the Agreement the Participant’s Full Name, i.e., the fullest legal form of the Participant’s name.

The Participant may allow other parties to be involved in the development of the Custom Work, at the discretion of Potluck Creative Arts. The Participant is asked to please provide the full names of any additional parties who may participate regularly and integrally in the development of the Custom Work.

Custom Work Information

A partial Offering Code is included in the Agreement. The Patron will complete the code by adding a letter after the “C” as follows: For Custom Writing, add “B.” For Custom Songs, add “E.”

The Patron will provide in the Agreement the basic Subject of the Custom Work to be created, i.e., a topic or other simple description of the basic inspiration for the Custom Work.

Patron Information

The Patron will provide in the Agreement all requested contact information for himself or herself, signing and dating the Agreement.

Commission Payment

Because each Custom Work is unique, the Patron and Potluck Creative Arts must consult to determine appropriate commission fees, possibly resulting in a flat fee, a standard rate for ongoing Sessions of a particular length, or otherwise.

Included in this determination will be an agreement about precisely what deliverables Potluck Creative Arts will provide the Patron upon completion of the Custom Work.

The Patron will enclose with the completed Agreement the first commission payment, as agreed upon between the Patron and Potluck Creative Arts. This will constitute commissioning of Potluck Creative Arts to develop the given Custom Work.

Initial payment is due by one week prior to the first Session scheduled to define the needs for the given Custom Work.

The Patron agrees to provide additional commission payments, as agreed upon between the Patron and Potluck Creative Arts.

Family discounts are available. See the Potluck Creative Arts General Policy for details.

Checks are to be made out to Mark S. Meritt.

Cancellations and Refunds

If the Participant will be unable to attend a particular Session, Potluck Creative Arts must be informed as soon as possible in advance. The Participant/Patron may cancel a Session without penalty by giving at least 24 hours notice. If less notice is given, tuition for that Session is forfeited, in a manner appropriate to the given payment arrangements. Extenuating circumstances will be considered at the discretion of Potluck Creative Arts.

Potluck Creative Arts may cancel a Session at any time prior to the Session with no penalty to the Patron. Potluck Creative Arts will let the Patron know about such a cancellation as soon as possible in advance, endeavoring to give at least 24 hours notice.

Rescheduling of any canceled Sessions will be considered at the discretion of Potluck Creative Arts and by mutual agreement with the Participant.

Either Potluck Creative Arts or the Participant may decide to end development of the Custom Work for any reason and at any time. Upon dissolution of a commission by the Patron, Potluck Creative Arts will provide the Patron with a refund of the smaller of either half the most recent commission payment or the value of any remaining prepaid Session(s) not yet completed, in a manner appropriate to the given payment arrangements. Upon dissolution by Potluck Creative Arts, the refund will be this same amount or higher, at the discretion of Potluck Creative Arts.

Once the Custom Work is complete, no refunds will be provided except at the discretion of Potluck Creative Arts.

Location and Schedule

Development of a Custom Work involves one or more Sessions in which Potluck Creative Arts and the Participant define the needs of the Custom Work throughout the development process. These Sessions take place at days and times and through media (e.g., telephone, email, in person) agreed upon between Potluck Creative Arts and the Participant.

Punctuality is extraordinarily important. The Participant must be available to attend any given Session on time and no earlier than five minutes before the indicated start time. This provides the Session facilitator(s) (the “Facilitator(s)”) with time to prepare. If the Participant will be more than five minutes late for a Session, notice via telephone must be provided. In the case of a late attendance, whether or not notice has been provided, the Session may be cut short or rescheduled with no commission reimbursement, at the discretion of Potluck Creative Arts.

Treatment of Works

Upon completion of a Custom Work, Potluck Creative Arts will provide the Patron with the agreed upon deliverables. The may include the Custom Work, presentations of the Custom Work, or any recordings/documentations of the Custom Work or its presentations, all of which are hereafter collectively referred to as the Custom Work’s “Manifestations.”

Issues of ownership will be decided in advance, at the same time that the commission payment arrangements are settled.

In some cases, the Participant may retain all claims of ownership, including but not limited to copyright, of all products of the commission, including but not limited to the Custom Work and any of its Manifestations. Potluck Creative Arts, Facilitator(s) or others who participate in the development of a Custom Work in a facilitative capacity only may be granted claims to ownership of Manifestations, per agreement, at the discretion of the Participant.

In other cases, Potluck Creative Arts may retain all claims of ownership, including but not limited to copyright, of all products of the commission, including but not limited to the Custom Work and any of its Manifestations. Potluck Creative Arts may publish, publicize and/or otherwise make public the Custom Work and its Manifestations, at its discretion. Potluck Creative Arts may make some or all rights to the Custom Work and/or its Manifestations available under one or more Creative Commons licenses, at its discretion, reserving all rights not specifically shared by such a license.

Upon perceiving a completed Custom Work to which Potluck Creative Arts has retained some degree of ownership, the Patron may express in writing (including email) to Potluck Creative Arts a desire to keep the Custom Work unpublished and/or otherwise not made public, excluding publicity. In response to such a request, Potluck Creative Arts will strive to cause the Custom Work to remain or become unpublished and/or otherwise not made public from that point forward, excluding publicity. Publicity of the existence of the Custom Work will remain at the discretion of Potluck Creative Arts. The Patron is asked to exercise this option only in cases where the Custom Work is of a particularly sensitive nature such that unusual measures are deemed warranted in order to preserve privacy.

General Policy

All subject to this Policy are also subject to the Potluck Creative Arts General Policy, which is applicable independent of particular services of which one might take advantage.