October 20, 2018 3PM-10PM (Doors at 2PM)
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, October 20th, 2018 between Blayne Smith (“ARTIST”) and Brewtal Beer Festival LLC (“BBF LLC”).
Scope of this Agreement. This Agreement speaks to the performance/ host responsibilities of the Artist. This Agreement governs the relationship between the parties and no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All rights in the performance, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides BBF LLC with the limited right to reproduce, publicly display, and distribute the Images for the agreed upon terms as set forth herein only. Notwithstanding the above, the Artist was hired to host and aforementioned material is designated for use by BBF LLC and may not be re-sold or re-licensed by Artist for any other purpose whatsoever.
Relationship of the Parties: The parties agree that Artist is an independent contractor, and that neither Artist, nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of BBF LLC. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to BBF LLC are contractual in nature and are expressly defined by this Agreement.
Fees: $500.00 US Dollars, $200 US Dollars Travel Stipend, Lodging and Food Stipend. Deposit of $450 US Dollars deposit is required upon signing of this contact. The remaining balance of $250 is due no later than seven (7) business days from the delivery of the Work. If full payment has not been received within thirty (30) days all rights are revoked at Artist’s discretion.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. BBF LLC is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others.
Transfer and Assignment: BBF LLC may assign or transfer this agreement or any rights granted under it provided use remains within the contemplated scope herein. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
Representation and Warranty: Artist represents and warrants that he/she has full legal power and authority to enter into and perform this Agreement in accordance with its terms, that the Work and Company’s use thereof shall not infringe or misappropriate any intellectual property or other proprietary right of any third persons, that he/she is not bound by another relationship or agreement or license that would cause any rights in or to the Assets to vest in or belong to a third party, and that he/she has not filed a copyright or trademark application for the Work performed.
Artist further indemnifies and defends BBF LLC against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of the performance.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.