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CITY OF EVERETT <br />PERFORMER AGREEMENT <br />THIS AGREEMENT made and entered into on this 22nd day of May,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 Zachary Warnes,whose address is 3916 High Street <br />Everett,WA 98201,phone number is 206-659-2035,and email address is <br />zacharywarnes@gmail.com,hereinafter referred to as the “Artist.” <br />WHEREAS,the City desires to engage the Artist to perform Live Music before live audiences;and <br />WHEREAS,Artist represented,and by entering into this Agreement now represents,that it is fully <br />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 referred <br />to as “Performance”). <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 />3.Publicity and Other Rights. <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 />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 <br />pictures,then Artist shall pay a reasonable and appropriate charge for prints of such <br />Page 1 <br />(Form Approved by City Attorney’s Office July 13,2011,updated January 6,2022)