Installation Waiver

  1. 1. Artist grants FIGMENT Project, Inc. (“FIGMENT”), the Trust for Governors Island, and all of those involved in creating this event and their successors and assigns in interest 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 or Governors Island and for any other valid, lawful purpose in any and all media now known or hereafter developed or devised, worldwide and in perpetuity. Artist agrees that if in the future the Artist displays any photographs of work taken at FIGMENT in a portfolio, on a website, in a publication, or in any public place, that they will acknowledge (a) that the image was taken at FIGMENT, and (b) the name of the photographer who took the image. Rights to any and all images remain with the photographer.
  2. 2. Artist hereby releases, discharges and agrees to hold harmless FIGMENT, the Trust for Governors Island, 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. 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 underlying work remains with the artist who created said work.
  4. 4. Artist understands that FIGMENT, the Trust for Governors Island, and all of those involved in creating this event and their successors and assigns in interest are relying on this release and accordingly, Artist hereby irrevocably waives any and all rights to seek or obtain any monetary, injunctive or other equitable or non-equitable relief against FIGMENT, the Trust for Governors Island, and all of those involved in creating this event and their successors and assigns in interest.
  5. 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. 6. Artist agrees to defend, indemnify and hold harmless FIGMENT, the Trust for Governors Island, and all individuals involved in creating this event and their successors and assigns in interest from any claims by third parties alleging that the Artist’s content or material infringes on any third party’s rights.
  7. 7. This Release and Hold Harmless Agreement shall bind the Artist’s assigns and any representative.
  8. 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. 9. This contract shall be governed by and interpreted in accordance with the laws of the State of New York, including (but not limited to) its provisions regarding the choice of laws, applicable to agreements entered into and carried out entirely within or without the state of New York. Both parties agree that any dispute related to this agreement shall be brought in the State of New York in a court in the County of New York. Prior to the initiation of any lawsuit, both parties agree that any and all disputes or controversies arising under this contract or any of its terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, or similar alternative dispute resolution process that is mutually agreed upon in writing by the parties and venued in New York City. Judgment upon the award against FIGMENT, the Trust for Governors Island, or any individuals involved in creating this event and their successors and assigns in interest must be entered in a court in the State of New York. FIGMENT, the Trust for Governors Island, and any individuals involved in creating this event and their successors and assigns in interest shall be entitled to recover its reasonable fees and costs of any dispute, including, but not limited to attorney’s fees, if it is the prevailing party.
  10. 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.
  12. Writing your name in the ‘name field’ below constitutes your acceptance of the terms and conditions stated above.
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