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<br />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 20th day of April, 2023, by and between the <br />CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br />hereinafter referred to as the “City,” and Ranger Sciacca, whose address is 12330 Arrow Point Dr <br />NE, Bainbridge Island, WA 98110, phone number is 206.418.9614, and email address is <br />info@rangerswings.com, hereinafter referred to as the “Artist.” <br /> <br />WHEREAS, the City desires to engage the Artist to perform a 90 minute outdoor concert at the <br />Main Library before live audiences; 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 referred <br />to as “Performance”). <br /> <br />2. Work for Hire. The City and Artist agree that Artist shall create no works pursuant to this <br />Agreement, except for the Performance itself. Works created by Artist that are not solely for the <br />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 other <br />recording of the Performance in any media presently existing or that may exist in the future. <br />The City may not broadcast, re-broadcast, or use any such recording without Artist’s prior <br />written agreement, except that the City may broadcast, re-broadcast or use still pictures in <br />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, the <br />Performance, the City or City programs. The City hereby grants Artist a non-transferrable <br />and non-exclusive license to use any still pictures of the Performance to publicize Artist. <br />The City has no obligation, however, to make such still pictures and if the City makes such