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Page 1 <br />(Form Approved by City Attorney’s Office July 13, 2011, updated March 13, 2022) <br /> <br /> <br />CITY OF EVERETT <br />PERFORMER AGREEMENT <br /> <br />THIS AGREEMENT made and entered into on this 9th day of March, 2023, 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 Aaron Hiebert, whose address is 16927 SE 262nd St <br />Covington WA 98042, phone number is N/A, and email address is N/A, hereinafter referred to as <br />the “Artist.” <br /> <br />WHEREAS, the City desires to engage the Artist to perform Live music before live audiences; <br />and <br /> <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 /> <br />NOW, THEREFORE, the parties herein do mutually agree as follows: <br /> <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 /> <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 /> <br />3. Publicity and Other Rights. <br /> <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 /> <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 />      <br />