Agreement to Perform: ARTIST(s) agree to provide the Performance in accordance with the terms of this AGREEMENT.
Excuse of Obligations: BUYER and ARTIST(s) shall be excused from their obligations in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control.
Keep Soddy-Daisy Beautiful (BUYER) agrees to prepare and file all tax information required of a person who hires an independent contractor and ARTIST(s) agree that they have sole responsibility for the payment of any Federal or State taxes arising from the monies paid by BUYER to ARTIST(s) for the Performance.
Indemnify for Copyright Infringement: ARTIST(s) represent and warrant that they are knowledgeable about the copyright laws of the United States as applicable to the Performance. ARTIST(s) shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws. In the event that ARTIST(s) breaches this representation, warranty and covenant, ARTIST(s) hereby agree to INDEMNIFY AND HOLD HARMLESS BUYER and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney’s fees) arising out of said breach.
Independent Contractor: ARTIST(s) acknowledges that he or she is an independent contractor and not an employee of BUYER. ARTIST(s) shall have sole control and direction in the conduct of the Performance.
In return for being allowed to participate in services and/or activities organized by and/or sponsored by Community Beautification and Improvement Projects DBA Keep Soddy-Daisy Beautiful and all related activities, including any activities incidental to such participation (“Activities”), the undersigned ARTIST (or Parent/Legal Guardian of ARTIST if ARTIST is under age 18) (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue Community Beautification and Improvement Projects DBA Keep Soddy-Daisy Beautiful or its officers, directors, employees, sub-contractors, sponsors, (“the Foundation”) and the City of Soddy-Daisy, Tennessee (“City”) from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the ARTIST Activities wherever, whenever, or however the same may occur.
I Release Community Beautification and Improvement Projects DBA Keep Soddy-Daisy Beautiful, a non-profit corporation organized and existing under the laws of the State of Tennessee and each of its directors, officers, and agents. The ARTIST desires to provide services for Keep Soddy-Daisy Beautiful and engage in activities related to serving as an ARTIST by performing associated duties.
[I] do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against Foundation and the City] and all of their agents assisting with the event or activity, sponsors and their representatives, ARTISTs and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event or activity. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.
I understand and agree that the Foundation and/or the City is not responsible for any injury or property damage arising out of the ARTIST Activities, even if caused by their ordinary negligence or otherwise.
I agree that I am an adult (over the age of 18) and that I am responsible for anyone accompanying me, regardless of age. I am fully aware of the risks and hazards associated with my participation in this activity, including the risk of physical injury or disability as the result of such injury, or death and I, and any and all peoples accompanying me, are voluntarily participating in this event.
I understand that participation in the ARTIST Activities involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the ARTIST Activities with knowledge of the danger involved and I agree to accept all risks of participation.
I also agree to indemnify and hold harmless the Foundation and/or the City for all claims arising out of my participation in the ARTIST Activities.
I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the ARTIST Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.
I also acknowledge that the Foundation has not arranged and does not carry any insurance of any kind for my benefit (or that of ARTIST if ARTIST is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in ARTIST Activities.
I also understand that this document is a contract which grants certain rights to and eliminates the liability of the Foundation and the City.
I certify as a material condition to my being permitted to ARTIST in ARTIST Activities that I am physically fit and that a licensed Medical Doctor has verified my physical condition.
In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.
As it applies to my participation in ARTIST Activities, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community.
In return for being allowed to participate in Community Beautification and Improvement Projects DBA Keep Soddy-Daisy Beautiful ARTIST activities and all related activities, including any activities incidental to such participation (“ARTIST Activities”), the undersigned ARTIST (or Parent/Legal Guardian of ARTIST if ARTIST is under age 18 (hereafter referred to using “I”, “me”, or “my”) hereby grants to the Foundation, and each of its subsidiaries, affiliates, agents, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, “Authorized Parties”), the absolute and irrevocable right and permission to use, publish, broadcast and/or copyright the use of ARTIST’s name, address, voice, photograph and/or likeness, caricature, and personal information, in its current form or as retouched, digitized, cropped, altered, distorted or modified in any way, in any and all advertising, promotional, or other materials based upon or derived from the ARTIST Activities in any manner, in any media whatsoever for any and all purposes, including by way of example but without limitation advertising, promoting or publicizing products and services throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including without limitation on the Internet), without additional compensation. I further agree that anything derived therefrom will be owned solely by the Authorized Parties. I shall not authorize the use of any print, negative or other copy thereof by anyone other than the Authorized Parties.
I understand that this document is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.
GOVERNING LAW: This AGREEMENT shall be governed by the laws and in the courts of the State of Tennessee and by the laws of the United States, excluding their conflicts of law principles. Any dispute or legal proceeding regarding the AGREEMENT shall take place in the County of Hamilton, in the State of Tennessee.