Billy Joe and the Dusty 45s 5/1/2019

CITY CITY OF EVERETT PERFORMER AGREEMENT THIS AGREEMENT made and entered into on this 16th day of March, 2019, by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Billy Joe and the Dusty 45s, whose address is 5280 45th Ave SW, Seattle, WA, 98136, phone number is 206-419-4545, and email address is booking@dusty45s.com, hereinafter referred to as the "Artist." WHEREAS, the City desires to engage the Artist to perform 120 minutes of live music before live audiences; and WHEREAS, Artist represented, and by entering into this Agreement now represents, that it is fully qualified to perform the work described herein in a competent and professional matter; NOW, THEREFORE, the parties herein do mutually agree as follows: 1. Engagement of Artist. Artist agrees to perform in a competent and professional manner the work(s)listed in Exhibit A at the times, dates and places listed in Exhibit A(hereafter referred to as "Performance"). 2. Work for Hire. The City and Artist agree that Artist shall create no works pursuant to this Agreement, except for the Performance itself. Works created by Artist that are not solely for the Performance shall not be works for hire and all rights thereto belong to the Artist. 3. Publicity and Other Rights. A. The City may make visual (including without limitation still pictures), sound and any other recording of the Performance in any media presently existing or that may exist in the future. The City may not broadcast, re-broadcast, or use any such recording without Artist's prior written agreement, except that the City may broadcast, re-broadcast or use still pictures in accordance with Section 3B. B. Artist expressly agrees that the City may broadcast, re-broadcast, or use still pictures containing Artist's likeness in any way, provided that the use is to publicize the Artist, the Performance, the City or City programs. The City hereby grants Artist a non-transferrable and non-exclusive license to use any still pictures of the Performance to publicize Artist. The City has no obligation,however,to make such still pictures and if the City makes such pictures, then Artist shall pay a reasonable and appropriate charge for prints of such Page 1 (Form Approved by City Attorney's Office July 13, 2011, updated July 23, 2018)