Artist’s Obligations
(a) Artist will paint the chosen design on the designated wall in Fire Station 1.
(b) Artist will bring their own materials needed to complete the mural after the wall is properly prepped by the City.
City’s Obligations.
(a) The City will pay the artist a one-time payment of two-thousand, five hundred dollars ($2500.00) upon the effective date of this contract.
(b) The City will prepare the wall for the mural by completing any necessary cleaning and applying primer as needed.
Termination.
(a) The City may terminate this Contract during its term at any time for any reason by giving written notice to Artist not less than three (3) business days prior to the termination date.
COPYRIGHT AND REPRODUCTION RIGHTS
(a) The Artist may, at the Artist’s discretion and expense, cause to be registered with the United States Register of Copyrights a copyright for the artwork. If the Artist decides to register a copyright, the Artist shall submit a copy of the registration and subsequent copyright certificate to the City.
(b) Whether or not a copyright is registered, the City shall have exclusive rights to graphically reproduce and to disseminate (through photography or otherwise) two-dimensional images of the artwork, including, but not limited to, the artwork submission and all preliminary studies and models thereof that have been delivered to and accepted by the City, and to authorize third parties to graphically reproduce (through photography or otherwise) any and all of the same as desired by the City. For the purposes of this Agreement, the following are among those deemed to be acceptable reproductions: brochures and pamphlets pertaining to the City; reproduction in catalogues, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books, and art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical, or critical nature; slides and film strips; television, and on the City’s web site.
(c) Artist shall have the right graphically reproduce (through photography or otherwise) any and all of the same for non-commercial purposes. For the purposes of this Agreement, the following are among those deemed to be reproductions for non-commercial purposes: brochures and pamphlets pertaining to Artist; reproduction in catalogues, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books, and art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical, or critical nature; slides and film strips not intended for a mass audience; television from stations operated for educational purposes or on programs for educational purposes from all stations, and on the ARTIST’s web site.
(d) Artist shall not have the right to create duplicates of the artwork for other murals in other communities. If the likeness, regardless of dimensions, of another artwork exceeds 75% of likeness of the commissioned artwork, the other artwork shall be deemed to be a duplicate of the same likeness as the commissioned artwork and in violation of this Agreement.
(e) The City shall credit Artist as be the creator of the original artwork and will also acknowledge Artist at all public presentations and in all written or electronic publication of the artwork. Additionally, if copyrighted, any reproductions (through photography or others) of the artwork shall contain a copyright notice substantially in the form: “© 20XX ______________, Artist.”
(f) The rights granted by this provision shall survive the expiration or earlier termination of this Agreement.
Artist is an Independent Contractor
(c) Neither Artist, nor employee of Artist or other person engaged to perform any work or service required of or by Artist under this Agreement shall be considered to be an employee of the City. No claim of any such employee or other person, whether for insurance, unemployment compensation, or any other benefit or entitlement whatsoever, shall be an obligation of the City.
Hold Harmless
(A) ARTIST SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY WHOLE AND HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES, COSTS, AND EXPENSES TO PERSONS OR PROPERTY TO THE EXTENT THEY ARISE OUT OF, OR ARE OCCASIONED BY ARTIST’S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL TORTUOUS ACTS, ERRORS OR OMISSIONS IN THE PERFORMANCE OF THIS AGREEMENT, OR ANY ACT OF ARTIST’S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL TORTUOUS ACTS OF COMMISSION OR OMISSION IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT OF ANY REPRESENTATIVE, AGENT, CUSTOMER, EMPLOYEE, SUBCONTRACTOR OR INVITEE OF ARTIST.
(B) ARTIST REPRESENTS THAT IT KNOWS OF NO ALLEGATIONS, CLAIMS, OR THREATENED CLAIMS THAT THE WORK PROVIDED TO CITY UNDER THIS AGREEMENT INFRINGE ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT. ARTIST SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS EXPENSES AND AMOUNTS (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR IN CONNECTION WITH AN ASSERTION THAT ANY ARTIST WORK OR THE USE THEREOF, INFRINGE ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY.
Modification or Amendment
No modification or amendment of any of the terms hereof shall be effective unless the same is in writing and is signed by an authorized representative of each of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement from time to time by mutual Agreement.
Entire Agreement
This Agreement, including any exhibits and addenda attached hereto and forming a part hereof, are all of the covenants, promises, agreements, and conditions, between the parties. No verbal agreements or conversations between any officer, agent, associate or employee of City and Artist or any officer, agency, employee or associate of Artist prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. Any such verbal agreements shall be considered unofficial information and in no way binding on either party.
