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CITY <br /> CITY OF EVERETT <br /> PERFORMER AGREEMENT <br /> THIS AGREEMENT made and entered into on this 3rd day of March, 2017, 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 Christopher W. Ballew,whose address is 5414 SW Beach <br /> Drive Terrace, Seattle, WA 98116, phone number is 206-632-9684, and email address is <br /> babypants2000@gmail.com, hereinafter referred to as the"Artist." <br /> WHEREAS,the City desires to engage the Artist to perform 60 minutes of live music for Everett's <br /> Children's Concert Series with a minimum of one performer. Sound system and personnel will be <br /> provided by the City. before live audiences; 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 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 /> Page 1 <br /> (Form Approved by City Attorney's Office July 13, 2011, updated March 16, 2015) <br />