Services- The Agreement

Definitions

Subject: The person who contracts with the Artist for the Work and is the open and willing Subject of the Work.

Artist: The person contracted to create the Work.

Disclose: To make known without agreement in the commonly accepted literal sense.

Process: The time spent and information exchanged where Subject and Artist interact in such a way as to make material available that would be sufficient for the production of the Work.

The Work: The written product, whether singly or several, whether of one line or a thousand plus, whose standard medium is poetic form, that is derived from the Process and Method and whose focus is the Subject.

The Method: The means and strategies that the Artist employs to draw out details sufficient to produce a Work that portrays the Subject.

Agreement

That the Subject is to make a deposit for �_____, and the signing of this contract which by return signature from the Artist and cashing of payment signifies offer and acceptance.
That the parties and our heirs will not disclose the identities of one another except after both the Artist's and Subject's deaths have been verified by public record, such as obituaries whether available electronically or by way of another medium.
That we will not publish or cause to publish the entire work drawn of the subject until after Vindex's death as been verified by public record
That should the work be deemed acceptable by the Subject, the Subject will be willing to provide a written but anonymous reference to be made available in published form for use by the Artist to promote his craft.
That if the Work is deemed acceptable by the Subject, the Artist is entitled to reprint for public view excerpts from the Work not amounting to more than 10 lines an/or no more than 15% of any Work.
That if the excerpts Disclose the Subject's identity without their expressed, written permission, that the fee as stated in this contract is deemed forfeit, and this forfeited value will be considered adequate compensation against any action for defamation either locally, abroad or in any other foreign jurisdiction.
That should I breach any of the conditions agreed to herein my liability continues but Vindex is released from all obligation
That we will make every reasonable effort to complete the process, either in person, by mail, telephone, electronic communication, or any other form of communication that may be necessary
That should the process not be completed due to a fault of one of the parties that the work may be completed and details extrapolated even if defamatory in nature but the identities shall not revealed in any case until after the verified death of both parties
That if the work is purchased outright for the sum of �_______, that the copyright will pass to the Subject and his or her heirs until local law permits the work to reside in the Public Domain.
That if the Artist deems it inappropriate for whatever reason whether appearing reasonable or unreasonable not to proceed, no payment will be expected and no work will be made published. All such records will be duly destroyed.
That payment is due within 30 days of the delivered work in the specified denomination of ________. Failure to remit payment results in the Subjects forfeiture of rights under the contract. In turn, no burden on delivery of payment is to be placed, such that payment is to be acceptable in conformity with the laws of England and Wales in force at the time and date of signature, which binds the Subject and Artist to the terms of this agreement.
That any contractual terms found by a lawful court not in conformity with local law are noted to be null and void, for common law always prevails.
That the Subject can deem the work unacceptable for fulfilment of the contract and not remit payment but will forfeit the deposit. In turn the Artist retains copyright of the Work provided but not of any subsequent Work on the Subject that doesn't match what was delivered. However the conditions remain regarding release for publication, having to wait for public disclosure until the verified death of both parties, although copyright will pass to the heirs of the Artist.
That all that occurs during the Process is regarded as entirely confidential. The Subject will not cause to be written, portrayed, disclosed or endited any aspect of the Process except to a lawful representative of the state, a member of the clergy sworn to strictest confidence and to such as a peace officer, attorney, or a judge. This term is to protect the Method from interlopers.
That all notes and representations, whether visual or otherwise, which contributed to the Process will remain the property of the Artist and be passed to his Estate. However such notes and collateral will only be passed for public archiving to a University of Library after the death of verified death of the Subject.
That if this contract has been entered into for no (�zero) remuneration that copyright remains with the Artist, that the work will be published during the lifetime of both the Artist and the Subject, but that only the Subject's First name will ever be associated with the work, which is stated as ____________.
That if this contract has been entered into for no (�zero) remuneration, the Subject waives all entitlement to damages which may or may not result from an action in defamation.
That if this contract has been entered into for no (�zero) remuneration, that the Artist will take reasonable precautions to protect the identity of the Subject, notwithstanding tangential details that could apply to any number of persons such as Nationality, Landscape, Marital Status, Facial Features, Sexual Preferences, Body Markings usually hidden under clothing or of a generic nature, Iconic past relationships, Traumatic Events, General age to the Year and Month of Birth, among others. Details such as found in Identity documents, such as day of Birth, Surnames and Middle Names, Specific addresses to the number and street (excluding Neighbourhood, Town or City or derivatives thereof), Social Security numbers, Banking References, Job Titles and Companies at which positions are/were held are to be understood as clear identifiers and if disclosed constitute a breach under the terms of the contract/waiver.
That any liability which the Artist is found to have in relation to a breach of the contract by the Court shall be rendered fulfilled on the Artist's death and that his heirs and estate will remain unassailable by such an action, whatever the decision of the Court.