HomeMy WebLinkAboutJarda Kelley - License agreement for the "Keep Yakima Beautiful" garbage receptacle art projectCity of Yakima Arts Commission
License Agreement
"Keep Yakima Beautiful" Garbage Receptacle Art Project
Artist Name: Jard a re I l el
Address: 2(2 6 a (e,vz' ui s Alfa.
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Phone: (;0 q J L 0I i-( - 3 S e 4J
Email:
a✓'da•-i(c e l(ty@ 9II'eux:I. Marv,
Artwork Description:
2 Digital Images of:
Names of artwork:
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A
AGREEMENT
This Agreement is made and entered into this
and between the City of Yakima ("Yakima") and "Art is't"j to design,
engineer, fabricate and install a work of art entitled . ; and generally
described above (the "Work"), created by Artist for the purpose of publicly displaying the Work in the
City of Yakima, Washington. For and in consideration of the mutual promises set forth below, the
receipt and sufficiency of which are hereby acknowledged, Yakima and Artist (hereinafter collectively
referred to sometimes as "Parties") agree as follows:
1. Representations of Artist
Artist hereby represents, acknowledges, covenants and warrants to Yakima as follows:
1.1 The Work is an original work of art created by Artist.
1.2 Artist owns all title and rights in and to the Work, and has not entered into any prior
agreements which restrict or impair such rights.
1.3 The Work does not infringe on any third party's copyrights or other intellectual property
rights.
1.4 The Work will be displayed in an unsupervised display, subject only to the same degree
of police and maintenance scrutiny applicable to other outdoor public improvements in
the particular area of placement and the City of Yakima.
2. Compensation to Artist
In compensation for this Work and the other obligations of Artist. Artist shall receive from Yakima total
compensation in the amount of Two Hundred Fifty Dollars ($250.00). The payment to Artist shall be
made in one (1) installment based upon acceptance of the digital image. No other compensation shall
be payable to Artist for any reason arising out of this Agreement or the purposes contemplated
hereunder.
3. Installation of the Work
Once a digital file is provided by Artist in a format and form that may be used for the Project, Yakima
shall be responsible for all aspects of the physical installation of the Work, both the placement of the
Work on the garbage receptacle, as well as installation of the receptacle at its location within the city.
Installation of the Work and location of the Work shall be at the City's sole discretion. City may keep the
Work installed on a garbage receptacle for the length of time deemed appropriate by the City, at the
City's sole discretion.
4. Non -Exclusive License and Use
4.1 Artist will retain copyright to the artworks. Artist will grant a non-exclusive and non-
commercial license to Yakima to copy or reproduce the Work for use on public garbage receptacles and
for all standard collection purposes including specifically (but not limited to): exhibition and collections
catalogues, Yakima websites, handouts, brochures, didactic labels, magazines, journals, and
newspapers; to transmit or otherwise communicate a display thereof by means of any device or process
(examples include but are not limited to film, television, and mobile technology) and to authorize others
to do the same, but only on the condition that all such reproductions of the Work bear a credit notice
bearing the Artist Name, Work Title, and Year the Work was created. This non-exclusive and
noncommercial license, which DOES NOT transfer ownership of copyright to Yakima, will endure for the
entire term of the copyright in and to the Work (to the extent permissible under the copyright laws of
the United States) and will survive all assignments of copyright.
4.2 Artist hereby agrees that Artist will give Yakima written notice prior to asserting any
claim pertaining to the specific Work which may arise pursuant to 17 U.S.C. § 101 et seq. (the "Copyright
Law"), including but not limited to 17 U.S.C. § 106A (e), the Visual Artists' Rights Act. Upon receiving
such notice, Yakima will have at least 60 days from the date of receipt to cure any such claim.
4.3 Artist agrees that photographic reproductions of the Work made by the Artist for
publicity purposes shall refer to the fact that the Work is installed as part of the Garbage Receptacle Art
Project administered by the City of Yakima.
4.4 In the event Yakima wishes to use the Work for commercial purposes, Yakima will
contact Artist so that a separate agreement may be negotiated.
5. Termination by Artist
In the event Artist wishes to terminate this Agreement and remove the Work from the garbage
receptacle, Artist shall give notice to Yakima of such desire to terminate and return One Hundred
Twenty -Five Dollars ($125.00) of the Consideration to Yakima. Artist shall have no rights to terminate
this Agreement within the first 180 days of this Agreement.
6. Additional Provisions
6.1 This Agreement contains all the understandings and agreements of the Parties relevant
to this issue and all other documents or writings have been merged herein.
6.2 This Agreement shall be governed by the State of Washington and should any dispute
arise between the Parties, they specifically agree that venue for any action shall be in Yakima County.
6.3 The Parties agree to first attempt to mediate or informally resolve any disputes arising
under this Agreement before filing any action in a court of law.
6.4
assigns.
The terms of this Agreement are binding on the Parties, their heirs, successors and
6.5 No amendment, addition, or modification of this Agreement shall be effective unless in
writing and signed by the parties hereto.
6.6 This Agreement, or any interest herein, shall not be assigned or transferred in whole or
in part by Artist to any other person or entity.
6.7 If any portion of this Agreement is held invalid by subsequent law or the court, the
remainder of this Agreement shall remain in full force and effect.
WHEREFORE, the undersigned have read the terms and conditions of this Agreement and agree
and acknowledge said terms and conditions, this Agreement shall be effective on the date signed by the
last party to sign below.
ARTIST
CITY
Coda Bak" , Manager
129 North 2"d Street, Yakima, WA 98901
509-575-6000
viki,baketyaimawa.gov
Date: