Terms and Conditions
PART I. PREAMBLE TO THE JOURNEY
Article 1: Preliminary about all Participants
Thank you for deciding to share your life, your difficulties, your joys, your failures and successes, your fairytale with us. Thank you for deciding to experience and share with generations to come in your family a Fairytale by Muby Astruc™ written by the Company’s writer(s) and based on interviews with you and your family, friends, business partners. We know the below seems complicated and quite of a process (!) but it is not really and you are not alone: our team is adorable, patient, provide full guidance and work with you on a very personal level so that the experience of a Fairytale is a beautiful journey of discovering a bit further who you are, what you really like and how this can be transcended on words and designs by professionals.
1.1 The Company shall provide to the Beneficiary a Fairytale by Muby Astruc™ (the “Fairytale”), of which the specifications are initially agreed upon by the Client during the first meeting and detailed in Annex 1 (the “Specifications”) and of which the production depends on various participants, i.e. the Client, the Beneficiary, the Company and its employees, consultants, services providers, artisans (the “Associates” or the “Company”) and, possibly but not necessarily, contributing third parties (the “Contributor”). The Client, the Beneficiary and the Contributor, if any, are hereinafter referred to as the “Participants”.
1.2 In the event that the Fairytale is about more than one beneficiary (such as a lineage story, a wedding story, a business venture), the responsibilities toward the Company that are mentioned hereby are being given to the “Beneficiary” shall be given to one only of the “beneficiaries” (to be selected among them by the group), the other ones being considered in this Agreement as Contributors. Such Beneficiary and Contributors may, of course, agree between them so to share all said responsibilities. If the Beneficiary is under 18 years old, any of his parent shall be designated and bear the responsibilities mentioned hereby that are given to the Beneficiary.
1.3 If the Client is the Beneficiary, the Beneficiary Consent Form shall be signed at even date as this Agreement and all mentions hereby about the Beneficiary must be understood as referring to the Client.
1.4 This Fairytale Agreement and the initial order form (the “Reservation Form”) are our legal agreement with the Client. A separate agreement shall be signed between us and the Beneficiary (the “Beneficiary Consent Form”) that mainly relates to confidentiality, privacy, his independence about the content of the Fairytale and our philosophy (“Our Philosophy”). If the Beneficiary or, with the Beneficiary’s consent, the Client decides that one or more person should contribute to the content of the Fairytale, a separate agreement shall be signed between us and the Contributor (the “Contributor Consent Form”). If the Beneficiary is not the Client, the Beneficiary shall counter sign this Agreement and be provided with a copy of it.
1.5 If there is anything you, the Client, do not understand in this Agreement, you may wish to obtain your own professional advice. The signing of this Agreement implies that you have sought legal advices on the subject matter and have been informed of all the Agreement’s effects.
1.6 Although you, the Client, have commissioned the Company and you are liable of all payments and other aspects of our contractual relationship, you accept that our main responsibility is to the Beneficiary in guiding him//her to tell the story the way we consider most appropriate to reflect the Beneficiary’s intentions and in writing or editing the Beneficiary’s story according to the same and to Our Philosophy. You agree that (except when the Beneficiary specifically requests us via Contributor or otherwise) we need the Beneficiary to be free from influence or amendments from yourself or others and that we owe no duty to you or them, in any circumstance, as to the contents of the Fairytale but only to the Beneficiary. On the same perspective, the Contributor will also be informed and agree in the Contributor Consent Form that the content of the Fairytale, although respecting the Information given by the Contributor, intends to reflect the Beneficiary’s intention, not the Contributor’s; consequently that his/her interview and Information he/she provided may be altered, transformed, only partly or not-at-all used by the Company so to reflect the Beneficiary’s intention and Our Philosophy.
1.7 By signing this Agreement, the Client understands that when he/she is not the Beneficiary, the Project requires from the Client not only to pay a certain amount of money and to select the Specifications, but also
1.7.1 to make the best efforts to explain the process, experience and aim of producing a Fairytale (the “Project”) to the Beneficiary and, if any, the Contributor and, therefore, to ensure that the Beneficiary appears to understand the nature of the Project before the Kick-Off Meeting;
1.7.2 to help coordinating with the Beneficiary and/or the Contributor(s) should any of the latter be irresponsive to our reminders for Interviews, Requests for Clarifications and/or Reviews as if the Client was an “assisting project manager”;
1.7.3 to inform us if, at any time, the Client has doubts about whether the Beneficiary and/or key Contributors are fit and well enough to complete the Project and eventually to take over the responsibilities of the Beneficiary and dismiss the Contributor(s).
1.8 The Client understands that the Specifications set during the Initial Meeting may be subject to a request from the Beneficiary to be adjusted in a way that would eventually generate an increase of the price (the “Adjustment of the Specifications”); the Client understands that an agreement over such a request lays with him/her only but the Client agree neither to complain against the Company for trying to fulfill the Beneficiary’s desires and support (eventually insisting) such a Beneficiary’s request nor refuse such Adjustment of the Specifications should the Beneficiary agrees separately to pay the additional charges.
The below is only a table of content of the Fairytale Agreement to be explained to and signed off by the Client; however, we wish to share with our Website’s hosts our commitments regarding confidentiality and privacy. For more information about our terms and conditions, please contact us.
PART II. A JOURNEY WITH US
Article 2: Specifications and Initial Fees
Article 3: Interviews Phase and Adjustment of Specifications
Article 4: Intellectual Work – Production Phase
Article 5: Clarifications and Reviews – Production Phase
Article 6: Material Work – Production Phase
Article 7: Delivery and Final Payment
Article 8: Quality, Guarantees, Replacements and Update
Article 9: Payment
Article 10: Termination
PART III. LEGALITIES
Article 11: Limitation of Liability
Article 12: Confidentiality and Data Protection
12.1 Strict Confidentiality of Information Disclosed
12.1.1 All information disclosed to the Company and its Associates by the Beneficiary and/or the Contributor(s) (“Information”) is initially private and confidential to the Beneficiary, the Contributor, the Company and our Associates. It is certain that some of the Information will be personal data, and perhaps even sensitive personal data, as defined by relevant data protection legislation (“Personal Data”).
12.1.2 The Client, the Beneficiary and the Contributor(s) by signing this Agreement and/or the relevant Consent Form(s) consent to the holding and processing of that personal and sensitive personal data by the Company and our Associates in the course of the Project and transfers/uses of any such data within the Company and Associates team for the purpose of the Project.
12.1.3 The Beneficiary’s approval of the Final Draft Content is to be treated as a consent for that information to be included in the Fairytale, and available to those authorized by the Beneficiary to see the Fairytale once handed over to him/her by us.
12.1.4 This clause applies to any transfer of information to our Associates both within and outside the Middle East region, including Europe, the Americas and Asia on the basis that they will be committed to hold and deal with that data carefully as required by the legislation and only for the purpose of finalizing the Project and in the exclusive interest of the Beneficiary.
12.1.5 With regard to the Information, Personal Data and the Company’s obligation of confidentiality, the word “Associates” or the reference to the Company or to any individual within the Company in this Agreement means, limitedly, and in any circumstance with the consent of the Beneficiary and/or Contributor (if applicable): the Project Manager, the Writer, the appointed designer, their assistants and substitutes, and Mrs. Muby Astruc. At the Project Manager’s discretion, the Covers’ specialist may be authorized to be informed about the Information and Personal Data that relates to his work. That also means that the Company, as a legal person, has no other right to be informed about the content of the Fairytale and its associated Information or to empower other individual as the ones mentioned above if not for the purpose of finalizing the Project and in the exclusive interest of the Beneficiary. This exceptional commitment in our industry also means that, in case of change of shareholding structure or change of management structure of Ruby & Sons FZ-LLC, no investor, shareholder, ultimate beneficiaries or newly appointed general manager would have access to the Fairytale and all confidential information associated to it. A family or a private secret shall remain secret.
12.1.6 Agreements with third parties, external storage of digital data and secured physical rooms have been set-up to ensure our commitments.
12.2 Content Check and Publishing Risk Analysis
The Company is not responsible to check the accuracy of the Information or give any publishing risk analysis related advises.
12.3 Protection of the Contributors for Disclosing Information about the Beneficiary
The Company is considered as a third party authorized to receive Information from the Contributor about the Beneficiary (the “Contribution”). The Beneficiary will agree in the Beneficiary Consent Form that the Company is authorized to interview each Contributor and will approve and authorize each Contributor to disclose aforesaid Information about the Beneficiary to the Company. On the same perspective, although the Contribution will not be disclosed as such (raw interviews logs or related transcriptions) to the Beneficiary, if the Company includes part of a Contribution that is considered by the Beneficiary as totally or partially wrong and eventually insulting or defaming him/her, the Contributor is protected by the Beneficiary Consent Form with regard to information disclosed to third parties (the Company) but is not protected against privately made insults or libel (on a legal level, the situation is as if the Contributor was informing in writing the Beneficiary without any third party to witness or read the information). It is therefore the Contributor’s responsibility to provide information about the Beneficiary that cannot be considered by the Beneficiary as insulting or to make a reserve about the sensitivity of the information and the doubt of the Contributor about it.
12.4 Non-Disclosure of the Fairytale for Company’s Marketing Purpose
Against a discount to be discussed or as a goodwill gesture and “thank you” to Ruby & Sons and our Associates, the Company may request the Beneficiary and the Beneficiary may agree in a separate agreement (the “Marketing Consent Form”) that the Fairytale be disclosed to third parties for marketing purpose. In such a case, the Company undertakes to blur all text that results out the Information given and to blur all faces on all pictures so to unable any third party to identify any and all individuals mentioned and/or visible in the Fairytale, especially (but not limited to) the Beneficiary.
Against a discount to be discussed or as a goodwill gesture and “thank you“ to Ruby & Sons and our Associates, the Company may request the Client and/or the Beneficiary and/or the Contributor(s) and the latter may agree in a separate agreement (the “Testimony Consent Form”) that the Company shall be authorized to publish a testimony made in writing or on video on its website and on any other marketing and communication tools until further notice by the concerned party.
12.6 Exclusion of Liability
Should the Beneficiary, the Client and/or the Author and/or any third party who had access to the Fairytale publish the Fairytale or the Author’s Text, unless agreed otherwise in a special and separate publishing agreement, the Company will not be held responsible for any legal matters that may arise from any potential public or private complaint or litigation if any of the aforementioned do decide to publish the concerned text and/or pictures. The Client and Beneficiary understands that the Fairytale is for private circulation (laying at home, on a coffee-table or on a pedestal in a lobby) and not intended for general (free distribution to third parties) and/or commercial (distribution to third parties against remuneration) publication. The ‘”Journey with Fairytale: the Rules’” are detailed in the Beneficiary Consent Form and in the Contributor Consent Form. They intend to inform the Beneficiary about various legal risks that are but to increase if the Fairytale is subject to general and/or commercial publication. The Beneficiary’s story, even in a limited circulation, may offend anyone, including members of the Beneficiary’s family and close friends who are clearly identifiable and/or identified in the Fairytale and may be aggrieved at references to them. This can create the risk of legal claim or emotional distress. The Company commits, when possible and reasonable but with no guarantee of omniscience or knowledge of legalities, to indicate to the Beneficiary and/or the Contributor(s) that some information given to the Company during interviews or during the review process or that some pictures provided that are subject to be incorporated in the Fairytale seem, if shared with third parties, to increase such risks. The Beneficiary and/or Contributor is always responsible to consider and/or cancel a statement, to remove/change some parts in the to-be-reviewed Fairytale and/or not to share the information mentioned with some or any third party. Our role is to bring the Beneficiary’s story into book form for himself and selected members of his family and circle of friends; we are not publishers to the public (means any third-party to the Beneficiary) and do not undertake a publishing risk analysis (which would add considerably to cost) unless explicitly requested by the Beneficiary or, with the Beneficiary’s consent by the Client: such request would be subject to a separate agreement. The Company will not be held responsible for any legal matters that may arise from any potential public or private complaint or litigation if the Beneficiary and/or the Client decides to show and/or give the Fairytale to any third party.
Article 13: Copyrights
Article 15: General
Annex 1: Specifications of the Fairytale
Annex 2: Beneficiary Consent Form
Annex 3: Contributor Consent Form
Annex 4: Marketing Consent Form
Annex 5: Our Approach
At Ruby & Sons, we believe that having a story written by a stranger does bring something exceptional, “un certain regard”, a new perspective that re-personalizes people as the main character of a story that happens to be his/hers.
A Fairytale by Muby Astruc™ is based on a methodology, talents, skills, and expertise; however, alike a painter who portrait people’s face, body or psychology, we acknowledge our limits.
The process of producing a personalized Fairytale by Muby Astruc™ involves various participants but focuses exclusively on the client’s intentions and perspectives. The discussions at the end of the interviews, the mood board for review, the drafts content and drafts covers for review participate to our approach that consists in representing to the client “a” picture as close as possible to his/her/their perspective/understanding about his/her/their “reality”.
Our commitments and limits are based on various aspects that most people know or heard about.
First, psychological studies show that few people can understand fully their own “reality” and none can understand fully someone’s else; the client’s reality is therefore, from the his/her perspective, always a precise but still vague understanding; and, from a someone else’s perspective, the client’s reality is always a vague understanding with few aspects that are well-perceived.
Second, the precedent point and common knowledge show that few people can produce by their own a book such as Fairytale By Muby Astruc: it would, for instance, never ends; it would constantly be adjusted (his/her/their understanding of their self does evolve with time and in depth) or it would never be satisfying to the client himself/herself without consulting friends or professionals such as Ruby & Sons’ team members.
When sharing his/her journey with us, we insist with the client that Ruby & Sons is hired because a “someone else’s perspective” on hier/her “reality” is needed and of interest; because the client is not able, on an writing and graphic design level as well as on an “artistic” level, does not have the expertise and because he/she is too close to the facts to create a product such as a Fairytale By Muby Astruc™.
Furthermore, it is a matter of fact, mainly explained by linguistic and researches related to philosophical logic, that current means of communication between human beings, especially when it comes to understanding of facts or emotions, does not allow someone else than the client himself/herself to grasp completely his/her reality.
Rather, this stranger can do his/her best to do so.
When attempting to represent the “client’s reality” in a Fairytale By Muby Astruc™, Ruby & Sons commits with passion and as much depth and emotion as possible to put all efforts, all latest technologies and expertise do so but is clear from the beginning that a fixed or perfect result is impossible.
Ruby & Sons commits to represent facts as they were told, and to understand these facts the way the client did while being interviewed, either when the client was talking about the very fact or about facts that were similar or participated to the context.
We are bound by human psychological and linguistic capabilities and ask our client – not only to understand it but to realize how precious a stranger’s perspective is important and irreplaceable. Our client understand that, alike an artistic portrait painting, a Fairytale by Muby Astruc™ is an “attempt” made by highly skilled professionals to represent “a” client’s reality, not “the” client’s reality itself.
Alike a personal portrait painter, once the mood board and initial drafts are confirmed and as long as the facts are corrects (errors and inaccuracies are possible and subject to be obviously corrected), the Fairytale By Muby Astruc is a “take it or leave it” with limited chance of refund.