Waiver and Release
In consideration of the City’s use of my Costa Mesa Cultural Arts Committee Utility Box Design artwork (“Artwork”), I, the Artist, do hereby irrevocably and perpetually grant the unrestricted right and license to the unlimited use of my Artwork by the City of Costa Mesa and the Costa Mesa Cultural Arts Committee, and their affiliated organizations, officials, successors, assigns, and agents (collectively “City”) for use and display for any purpose in any media now known or hereafter developed throughout the world, without limitation as to duration or frequency of use. I agree that the Artwork is the City’s speech, and the City shall have full ownership and control over the Artwork and its use (or lack of use).
I represent that I am the author of and owner of all rights in and to the Artwork and that I have the sole and exclusive right to make the within grant of rights, including but not limited to moral rights, that neither I nor anyone else has any contractual or other arrangements which will interfere with rights herein granted and warrant that the rights herein granted will not infringe on the rights of any third party and that the consent or permission of no other party is required by City in connection with the use of the Artwork. I agree to indemnify and hold City harmless from and against any and all liability, damages, claims and demands of whatever kind and nature, either in law or in equity, which arises or may hereafter arise from the City’s use or display of the Artwork or in connection with the breach or alleged breach of my representation and/or warranty made hereunder. I further release, discharge, waive and relinquish any and all claims or causes of action against the City, its elected officials, officers, agents, employees and volunteers and/or assigns, arising in connection with City’s use or display of the Artwork. It is not the intent for the City to benefit financially from the use of my Artwork except via the Utility Box Beautification Program (“Program”); but if the City benefits financially from the Artwork via something other than the Program, I, the Artist will receive thirty percent of the net profit.
The City shall have the right to alter, edit, modify, adapt, reproduce, and illustrate the Artwork for any use. All right, title and interest in and to any media containing the Artwork shall be vested in the City. I waive any inspection or approval of the finished material and I release the City from any liability for any claim of alteration, optical illusion or faulty mechanical reproduction.
I hereby waive as against City, and any and all of its respective successors in interest, any rights which I may have under the California Art Preservation Act (California Civil Code sections 987 et seq.), the Visual Artists Rights Act (17 U.S.C. section 106A), and all other similar laws, and agree that under no circumstances will title to Artwork revert to me, my heirs, successors, assignees, or personal representatives.