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General Agreement Information

A commissioned production workshop (the “Workshop(s)”) is a workshop whose purpose is the facilitated collaborative production of one or more original creative works (the “Work(s)”), and which occurs as a result of a party other than Potluck Creative Arts commissioning such a Workshop rather than as a result of Potluck Creative Arts’ own proactive undertaking.

Regardless of the nature of the group of people to whom the Workshop is made available (the “Group”) or the nature of the subset of the Group that ends up actually participating in the Workshop (the “Participant(s)”), Potluck Creative Arts requires that an Agreement for Commissioned Production Workshops (the “Agreement”) be completed to indicate all relevant parties’ acknowledgment of and agreement to all the terms of the Policy for Commissioned Production Workshops (the “Policy”). Potluck Creative Arts will permit the Participants to participate in appropriate Workshops only if Potluck Creative Arts possesses an Agreement that has been properly completed on the Participants’ behalf.

The Agreement is to be completed by an individual authorized representative of the Group for which the Workshop(s) is/are being commissioned. The completer of the Agreement will generally be the person who provides payment for the Workshop 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 a member of the Group. 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.

Any individual Group member who does not agree to be held subject to all terms of the Policy, or, if the individual Group member is a minor, whose legal guardian does not agree to this must refrain from participating in any Workshop(s). Attendance of and participation in a Workshop constitutes, for each Participant, acknowledgment of and agreement to all terms of the Policy.

In completing the Agreement, the Patron thereby attests that he or she:

• Possesses the authority to act as the Group’s representative for the purposes of the Agreement.
• Will, prior to the beginning of any Workshop(s) commissioned via Agreement, have made available all terms of the Policy to all individual Group members or, for individual Group members who are minors, to a legal guardian for each such minor individual Group member.
• Understands that he or she will be the sole person to whom Potluck Creative Arts agrees to be held accountable with respect to the Agreement.
• Understands and accepts the responsibility he or she is taking on by acting as the Patron on behalf of the entire Group.

The Agreement will remain in tact indefinitely, with the terms of the Policy applying indefinitely for all Workshop(s) 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.

Group Information

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

The Patron will provide in the Agreement a Group’s Attribution Name. This is the Group’s name as it is to be stated in all forms of attribution of the Group’s involvement in any Workshop(s), except for those situations in which Potluck Creative Arts may be legally required to use the Group’s Full Name (e.g., Library of Congress copyright submissions). Examples of acceptable Attribution Names for a Group include but are not limited to any informal name one might reasonably attach to the Group, a list of the names of individual Participants, and Anonymous. In the case of more than one identical Attribution Name being submitted to Potluck Creative Arts by any parties at any times, Potluck Creative Arts will append a numerical counter to each Attribution Name so that there will be a fully unique Attribution Name on file for each Group (e.g., “Springfield Residents (2),” “Anonymous (3)”). The Attribution Name must be no longer than 200 characters.

Subsequent to completing the Agreement, the Patron may provide in writing (including email) to Potluck Creative Arts a revision of the Group’s Attribution Name as desired, indicating whether the revision is to be implemented from that point forward for any subsequent Workshop(s) covered by the Agreement or only for a particular Work on which the Participants collaborated.

Workshop Information

The Patron will provide the following information for each individual Workshop for which the Patron is commissioning Potluck Creative Arts:

• The Date on which the Workshop is to occur.
• The Time at which the Workshop is intended to begin.
• The Location at which the Workshop is to occur.
• The basic Subject for the Work to be created, i.e., a topic or other simple description of the basic inspiration for the Work.
• An indication of whether or not the Patron wishes for Potluck Creative Arts to provide equipment and/or materials that may be necessary for use during the Workshop, e.g., a piano/keyboard for a songwriting Workshop. A “Y” will indicate that equipment and/or materials are desired, in which case the Patron and Potluck Creative Arts must consult to determine an appropriate per-Workshop equipment rental and materials fee. An “N” will indicate that any necessary equipment and/or materials will be provided by the Patron.

The Agreement includes space to describe three Workshops. If a greater number of Workshops is being commissioned via the Agreement, the Patron is to check the indicated box and provide additional Workshop Information on the back of the Agreement.

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 commissioned Workshop is unique, the Patron and Potluck Creative Arts must consult to determine an appropriate commission fee.

The Patron will enclose with the completed Agreement a deposit payment of 50% of the total commission fee agreed upon between the Patron and Potluck Creative Arts. This will constitute commissioning of Potluck Creative Arts for the desired Workshop(s).

Payment is due by one week prior to the first Workshop for the given commission.

The Patron will add to the deposit payment any equipment rental and materials fees that may have been determined through consultation, per the Policy.

The Patron agrees to provide each Workshop’s own 50% balance payment upon the completion of each Workshop. For example, if a Patron was commissioning three Workshops at $200.00 each, the total cost would be $600.00, and half of that, or $300.00, would be due as a deposit payment, plus any agreed upon equipment rental fees. Upon completion of each of the three Workshops, an additional payment of $100.00 would be due, thus paying in full for individual Workshops as they are completed.

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

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

Cancellations, Makeups and Refunds

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

Participants who are sick or have recently been sick and would be considered contagious are asked to please stay at home.

Potluck Creative Arts may cancel a Workshop at any time prior to the Workshop 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 Workshops will be considered at the discreation of Potluck Creative Arts and by mutual agreement with the Patron.

Either Potluck Creative Arts or the Patron may decide to cancel the remainder of any commissioned Workshop(s) for any reason and at any time. Upon dissolution of a commission by the Patron, the value of the deposit payments for any remaining Workshop(s) not yet completed is forfeited. Upon dissolution by Potluck Creative Arts, any refund will be at the discretion of Potluck Creative Arts. If any materials had been acquired by Potluck Creative Arts for the Patron but not yet paid for, the Patron will be required to pay in full for the materials in question, and upon such payment the materials will be turned over to the Patron just as they would have been under other circumstances.

Once the balance is paid on any given Workshop, no refunds will be provided for that Workshop except at the discretion of Potluck Creative Arts.

Treatment of Works

Upon completion of a Work by a group of Participants and their Workshop facilitator(s) (the “Facilitator(s)”), all such Participants who are willing, along with the Facilitator(s), will present the work in a manner appropriate to the type of Work, e.g., a performance, a display, etc. The Work and/or presentation will be recorded/documented if and as appropriate, e.g., via video, audio, writing, etc. The Work, any presentations of the Work, and any recordings/documentations of the Work or its presentations are hereafter collectively referred to as the Work’s “Manifestations.”

Participation in a Workshop results in the transfer to Potluck Creative Arts of all claims of ownership, including but not limited to copyright, of all Workshop products, including but not limited to any and all Work(s) and any Manifestations of any and all Work(s).

Potluck Creative Arts may publish, publicize and/or otherwise make public any and all Work(s) and their Manifestations.

All copyrightable Works will be released under a Creative Commons Attribution-Noncommercial-Share Alike United States license. This frees anyone to copy, distribute, transmit and/or adapt the work under the conditions described at creativecommons.org for this type of license. Potluck Creative Arts reserve all rights not specifically shared by such a license.

Potluck Creative Arts will strive to make all copyrightable Works and their Manifestations available, through venues it deems appropriate, for a reasonable amount of time subsequent to their production, for use in accordance with the indicated Creative Commons license. Potluck Creative Arts will make a reasonable effort to inform the Patron of this availability of such Works on which the Participants collaborated and their Manifestations. For example, a digital audio file of a recording of a song produced during a songwriting workshop, along with the text of its lyrics, may be published on a website from which they may be downloaded, and notice of such publication may occur via methods such as email or RSS feed.

Upon perceiving a completed Work on which the Participants collaborated, the Patron may express in writing (including email) to Potluck Creative Arts a desire to keep the Work unpublished and/or otherwise not made public, excluding publicity. In response to such a request, Potluck Creative Arts will strive to cause the Work to remain or become unpublished and/or otherwise not made public from that point forward, excluding publicity. Publicity of the existence of the Work will remain at the discretion of Potluck Creative Arts, in accordance with the Group’s Attribution Name on record for the Work in question. The Patron is asked to exercise this option only in cases where the Work is of a particularly sensitive nature such that unusual measures are deemed warranted in order to preserve privacy above and beyond what is possible through judicious selection or revision of an Attribution Name, and further only in cases where an absolute majority of Participants who collaborated on the Work in question, or, for Participants who are minors, legal guardians of such minor Participants who collaborated on the Work in question, would agree about the need for such a request.

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.