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CITY OF EVERETT <br /> PERFORMER AGREEMENT EVERETT <br /> THIS AGREEMENT made and entered into on this ?iZ day of June, 2022, by and between <br /> the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and Yogoman Burning Band, whose address is 425 <br /> Chuckanut Dr. N. #15, Bellingham, WA 98229, phone number is (206) 617-5487, and email <br /> address is yogomanbooking@gmail.com, hereinafter referred to as the "Artist." <br /> WHEREAS, the City desires to engage the Artist to perform live music before live audiences; <br /> and <br /> WHEREAS, Artist represented, and by entering into this Agreement now represents, that it is <br /> fully qualified to perform the work described herein in a competent and professional matter; <br /> NOW,THEREFORE, the parties herein do mutually agree as follows: <br /> 1. Engagement of Artist. Artist agrees to perform in a competent and professional manner <br /> the work(s) listed in Exhibit A at the times, dates and places listed in Exhibit A (hereafter <br /> referred to as "Performance"). <br /> 2. Work for Hire. The City and Artist agree that Artist shall create no works pursuant to <br /> this Agreement, except for the Performance itself. Works created by Artist that are not solely for <br /> the Performance shall not be works for hire and all rights thereto belong to the Artist. <br /> 3. Publicity and Other Rights. <br /> A. The City may make visual (including without limitation still pictures), sound and any <br /> other recording of the Performance in any media presently existing or that may exist in <br /> the future. The City may not broadcast, re-broadcast, or use any such recording without <br /> Artist's prior written agreement, except that the City may broadcast, re-broadcast or use <br /> still pictures in accordance with Section 3B. <br /> B. Artist expressly agrees that the City may broadcast, re-broadcast, or use still pictures <br /> containing Artist's likeness in any way, provided that the use is to publicize the Artist, <br /> the Performance, the City or City programs. The City hereby grants Artist a non- <br /> transferrable and non-exclusive license to use any still pictures of the Performance to <br /> publicize Artist. The City has no obligation, however, to make such still pictures and if <br /> the City makes such pictures, then Artist shall pay a reasonable and appropriate charge <br /> Page 1 <br /> Yogoman Performer Agreement <br />