Waiver Form

3 February 2009 No Comment

FIGMENT

Exhibition Proposal Form

ACTION ARTS LEAGUE

10 SPRING STREET – SUITE 1, NYC NY 10012

EMAIL: info (at) figmentnyc.org

Welcome to FIGMENT! Please fill out the form below and read each paragraph carefully. If you have any questions, please email: info (at) figmentnyc.org. In consideration for executing this agreement, FIGMENT, Action Arts League, The Pure Project and all of those involved in creating this multi-day event will accept the artist’s proposal for evaluation for submission and participation in FIGMENT.

Applicant (Organization or Individual) (hereinafter Artist):(required)
Representative & Alternate:
Address:(required)
City, State, Zip:(required)
Phone:(required)
Fax:
Website
Email:(valid email required)
1. Artist grants FIGMENT, Action Arts League, and all of those involved in creating this multi-day event the full and free right and permission to film/videotape/photograph all work presented at FIGMENT and, within their absolute discretion, utilize it in any and all fashion they deem appropriate for the purposes of promoting FIGMENT and Action Arts League and for any other valid, lawful purpose in any and all media now known or hereafter developed or devised, worldwide and in perpetuity. Artist waives any right to inspect or approve the finished videotape, sound track, photograph, advertising copy, audio piece or printed matter that may be used or to the eventual use that it may be applied.
2. Artist hereby releases, discharges and agrees to hold harmless FIGMENT, Action Arts League, the Governors Island Preservation and Education Corporation (GIPEC), The Pure Project and all individuals involved in creating this event from and against any liability as a result of any harm, damage, loss suffered to the actual work, equipment used in creating the work, personal property or personal injury suffered during the participation or attendance at FIGMENT.
3. Artist waives any and all rights to compensation from the duplication, broadcast, and advertising of any film/videotape/photographs of work presented at FIGMENT. All ownership of the work remains with the artist.
4. Artist understands that FIGMENT, Action Arts League, The Pure Project, Governors Island Preservation and Education Corporation (GIPEC), and all of those involved in creating this multi-day event are relying on this release and accordingly, Artist hereby irrevocably waives any and all rights to seek or obtain any injunction or other equitable or non-equitable relief against FIGMENT, Action Arts League, The Pure Project Governors Island Preservation and Education Corporation (GIPEC), and all of those involved in creating this multi-day event.
5. Artist warrants that the use of the rights granted here and of any material supplied by Artist will not violate the rights of any third party.
6. Artist agrees to defend, indemnify and hold harmless FIGMENT, Action Arts League, The Pure Project, Governors Island Preservation and Education Corporation (GIPEC), and all individuals involved in creating this multi-day event from any claims by third parties alleging that the Artist’s content or material infringes on any third party’s rights.
7. This Release and Hold Harmless Agreement shall bind the Artist’s assigns and any representative.
8. This contract is the entire agreement between the parties hereto, and replaces and supersedes any prior agreement or understanding, verbal or written, with respect to the subject matter hereof. No amendment, addendum, modification or waiver of this contract or any portion hereof shall be valid unless contained in a writing signed by both parties hereto.
9. This contract shall be deemed to be entered into in New York County, New York, and shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements entered into and carried out entirely within New York. We/I agree that any and all disputes or controversies arising under this contract or any of its terms shall be resolved under the auspices of the American Arbitration Association, or similar alternative dispute resolution process.
10. Artist hereby certifies that Artist is over eighteen years of age and competent to contract in Artist’s name. If Artist is signing on behalf of an organization, Artist certifies that Artist has authority to do so and that Artist’s signature binds the organization and its performers to all elements of this contract.
Artist has read the foregoing release and authorization and agreement, before affixing Artist signature below, and warrants that Artist fully understands the contents thereof. Artist is authorized to sign and give consent for everyone who contributed to the Artist’s project for FIGMENT.
Name of Organization (if any):
Date of Application:(required)