ARTISTS FOR THE AMAZON
In consideration for my participation the Amazon Aid Foundation’s “Artists For The Amazon” program (the “Program”) and for the Program services provided by the Amazon Aid Foundation (hereinafter referred to as “Foundation”) and other good and valuable consideration, the receipt and sufficiency thereof is acknowleged by me, I hereby agree as follows:
- I acknowledge that activities related to the Program, from time to time, are voluntarily and that I may withdraw my participation in the Program at any time upon written notice to the Foundation.
- The Program activities invites me to share art and other visual media to the Foundation for the purpose of promoting the message of preserving and saving the Amazon Rainforest and/or the Foundation’s mission (collectively such art and other visual media that I create or provide to the Foundation is hereinafter “My Artwork”). By participating in the Program, I hereby grant the Foundation, irrevocable permission as follows: (a) to use my name, likeness, image, voice, and/or appearance as such may be embodied in any media, public messages and public awareness activities taken by the Foundation related to My Art, the Program and/or the Foundation’s mission and (b) for a non-exclusive, royalty-free license in perpetuity to display, publicize, exhibit My Art (including my name, image, likeness and voice associated with My Art), solely in connection with the Program and/or the Foundation’s mission, in any manner and in any medium (whether now known or hereinafter discovered). The preceding sentence is a material term of this Agreement and I understand is an inducement for the Foundation to agree to permit me to participate in the Program and I understand that the rights I’ve granted in the preceding sentence include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, web sites, and any promotional or educational materials in any medium now known or later developed. I acknowledge that I will not receive any further compensation (other than the Foundation’s permission to participate in the Program) and I hereby release Foundation and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
- I am responsible for the costs and expenses of producing My Art and I expressly agree and promise to accept and assume all of the risks existing in all activities related to the Program. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Foundation from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Program and I intend this release to be effective, regardless of whether the claim of liability is asserted in negligence, strict liability in tort, or other theory of recovery.
- Should Foundation or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- In the event that I file a lawsuit against Foundation, I agree to do so solely in the Commonwealth of Virginia, and I further agree that the substantive law of Virginia shall apply in that action without regard to the conflict of law rules of that state. I agree to venue of any such suit in any court of appropriate jurisdiction located in Albemarle County, Virginia. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. I hereby voluntarily waive any right I may have to a trial by jury.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I certify that I am at least 18 years old. I understand that other than Foundation management, all other staff at the Program are independent contractors who also are covered under this Agreement under the definition of Foundation.
AMAZON AID FOUNDATION ARTIST PARENT/GUARDIAN AGREEMENT
I acknowledge that I am a parent or a legal guardian of a minor who is signing the Amazon Aid Foundation Artist Participation Agreement. As such, I hereby agree that I am a party to this Agreement to be jointly and severally liable for any damages or expenses arising from a breach of this Agreement, or from any disavowing or disaffirming this Agreement. I further agree to bear any costs, including but not limited to attorneys’ fees and court costs, incurred by the Foundation in the enforcement of any provisions of this Agreement should there by a breach, disaffirming, or disavowing of this Agreement.