1. Artist hereby assumes all risks and hazards incidental to participation in ART 64 and the display of artwork created during ART 64. Artist agrees that participation in ART 64 carries inherent risks that cannot be eliminated regardless of care to avoid injuries and property damage. Artist hereby releases the City of Wauwatosa and its officers, agents, vendors, employees and volunteers from liability from any and all claims, including negligence, arising from artist’s participation in ART 64.
2. Artist agrees that artwork created during ART 64 must be appropriate for viewing by all ages of the general public. Artwork that is of an overtly sexual, racist, violent, libelous, slanderous, demoralizing, or discriminatory nature is strictly prohibited.
3. Artist represents that artwork created during ART 64 is unique and original, is clear of any claims or encumbrances, and does not infringe on the rights of any third parties.
4. Artist agrees that artist and artwork created during ART 64 can and will be photographed and may be used by the City of Wauwatosa for promotional and other purposes. Artist recognizes the rights of artists set forth in the Visual Artists’ Right Act of 1990, as amended, and as codified in Title 17 of United States Code (the “Visual Artists’ Rights Act”). To the extent that Artwork created during participation in ART 64 is protected by the Visual Artists’ Rights act, the Artist expressly waives any and all rights arising under the Visual Artists’ Rights Act, and any rights arising under federal or state law for any and all purposes. Artist grants the City of Wauwatosa and its agents an irrevocable license to reproduce images of the Artwork in any and all forms of media including without limitation on merchandise, print advertisements, television advertisements and Internet displays. Furthermore, Artist gives permission for the City of Wauwatosa and its agents to use, without limitation or obligations, photographs, video and/or audio recordings which may include Artwork for purposes of promotional or educational purposes.
5. Artist agrees that artwork created during ART 64 will be available for sale to the general public. Proceeds from the sale of the artwork will be divided between the City of Wauwatosa and artist, with 30% of the proceeds to the City of Wauwatosa and 70% of the proceeds to the artist. (Artists will receive 70% of sale, 20% commission will go to the Wauwatosa Parks Improvement Fund and will be used to contribute to park system improvements adding to visitors’ experience and enjoyment of our parks and green spaces, and 10% will be used toward funding the following year’s ART 64 program.)
Artist agrees that upon the sale of the artwork, the purchaser of the artwork will be the sole legal owner of all right, title and interest in the artwork.
6. Artist is responsible for the pickup of any unsold artwork within 30 days at their own risk and expense. The City of Wauwatosa is not responsible for unclaimed artwork and may either donate or destroy all unclaimed artwork.
7. Artwork will be displayed at artist’s risk. Neither the City of Wauwatosa, nor any of its officers, agents, employees, and volunteers shall be responsible for theft, vandalism, fire or any other damages or losses to the artwork. The artist understands and agrees that the City of Wauwatosa will not insure the artwork.
8. Artist agrees to indemnify and hold harmless the City of Wauwatosa and its officers, agents, employees, and volunteers from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of involvement in ART 64.
Acknowledgement of understanding: I have read this waiver of liability and assumption of risk, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that I am releasing negligence claims against the City of Wauwatosa and its officers, agents, employees, and volunteers. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Finally, artist understands that artist may discuss the terms of this document with a designee of the City of Wauwatosa.