Artist’s Representations and Warranties Clause Samples
The Artist’s Representations and Warranties clause requires the artist to formally affirm certain facts about themselves and their work, such as ownership of rights, originality, and authority to enter into the agreement. In practice, this clause may specify that the artist guarantees their work does not infringe on third-party rights and that all necessary permissions have been obtained. Its core function is to protect the other party from legal risks by ensuring the artist is legally able to grant the rights or perform the obligations outlined in the contract.
Artist’s Representations and Warranties. Artist expressly represents and warrants that:
A. The Performance shall not infringe on another’s copyright, or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of Artist’s Performance of copyrighted works;
B. Artist is capable and experienced in performing the Performance in a professional manner;
C. Artist has made all necessary arrangements and paid all necessary fees to the appropriate unions and guilds to which it belongs for the Performance and for any technicians or supporting personnel Artist provides;
D. The Performance will be suitable for an audience of all ages and will not be obscene or vulgar;
E. Artist is either the author and copyright holder of all works Artist performs or Artist is duly licensed to perform such works (e.g., licenses obtained by Artist from ASCAP, BMI, SESAC, or other licensing agency);
F. Unless otherwise provided in the Basic Provisions, Artist has either already arranged for sufficient personnel and equipment for the Performance, or believes in good faith that it will timely obtain sufficient personnel and equipment for the Performance, and knows of no reason why sufficient personnel or equipment would not be available. By way of example only, union sanctions have not been levied, pending, or threatened that would prevent the Performance; and
G. Artist (including all performers and support personnel) shall be at the location of the Performance at least sixty (60) minutes before the scheduled start of the Performance and shall make its presence known to the City’s on-site coordinator.
Artist’s Representations and Warranties. 7.4.1 The ARTIST represents and warrants to the COUNTY that the fabrication and installation of the Artwork will be performed in a workmanlike manner and that the Artwork will be free of defects in workmanship and materials, including inherent vice and portions deemed dangerous to the public, and that the ARTIST will, at the ARTIST’S own expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of one year from the date the of the COUNTYs Acceptance Notice. “Inherent vice” refers to a quality within the material or materials which comprise the Artwork which, either alone or in combination, results in the tendency of the Artwork to destroy itself. If the Artwork should deteriorate because of faulty workmanship or material or an inherent vice within one (1) year from the date of the COUNTY's Acceptance Notice, the ARTIST will promptly repair or replace the Artwork without any charge to the COUNTY. However, the COUNTY may, in its sole discretion and only to the extent it deems advisable, assist the ARTIST for out-of-pocket expenses related to the repair or replacement of the Artwork, including materials, contracted labor, travel costs and subcontractor charges; but in no event shall it pay any charge for ARTIST’S labor. Any and all repair or replacement completed by the ARTIST shall be consistent with professional conservation standards as determined solely by the COUNTY.
7.4.2 Warranties provided to the ARTIST by any subcontractor shall be for not less than one (1) year [or more if applicable] from the date of the COUNTY's Acceptance Notice, and ARTIST shall require that all of its subcontractors shall allow the assignment of these warranties to the COUNTY.
7.4.3 The ARTIST represents and warrants to the COUNTY that the Artwork will not require maintenance substantially in excess of that described in the maintenance recommendations to be provided by the ARTIST pursuant to this Agreement.
7.4.4 The ARTIST represents to the COUNTY that the Artwork is solely the result of the artistic efforts of the ARTIST, and that it will be installed free and clear of any liens, claims or other encumbrances of any type from any source whatsoever.
7.4.5 The personal skill, judgment and creativity of the ARTIST is an essential element of this Agreement. Therefore, although the parties recognize that the ARTIST may employ qualified personnel to work under the ARTIST’S supervision, the ARTIST shall not assign, transfer ...
Artist’s Representations and Warranties. Artist represents and warrants to City that the statements contained in this Article 4 are true and correct as of the Effective Date and as of the Closing Date. For purposesof this Article 4, “Artist’s knowledge,” “knowledge of Artist” and any similar phrases meanthe actual or constructive knowledge of Artist, after due inquiry.
Artist’s Representations and Warranties. Artist hereby represents and warrants as follows:
a. Other than as submitted to Artist by Producer for incorporation into the Picture, all of the Material shall be wholly original with Artist or in the public domain;
b. The Material or any use of the Material contemplated hereunder does not and will not violate, conflict with, or infringe upon, any rights whatsoever of any person, firm or corporation, including, without limitation, any copyright, common law or statutory, throughout the world; any right of publication, performance, or any other right in any work; and any right against libel, slander, invasion of privacy, unfair competition or similar right;
c. Except as submitted to Artist by Producer, the Material shall be fictitious and no real persons shall be depicted therein;
d. There are no claims or litigation pending and no threat of any claim or litigation with respect to, concerning or purporting to affect adversely Producer's right and title in or to the Material;
e. As between Producer and Artist, Producer will be the sole and exclusive owner in perpetuity throughout the universe of the rights in and to the Material;
f. Artist has the right to enter into this Agreement, to perform the services contemplated hereby and no provisions for Artist's employment or services hereunder or for the use of Artist's name, likeness or biography as herein contemplated does now or will hereafter violate, conflict with or infringe upon any rights whatsoever, of any person, firm or corporation;
g. Artist will perform in good faith and to the best of Artist's ability in the manner and at the times and places directed by Producer all of the services reasonably required of Artist by Producer hereunder and will comply with all reasonable directions, requests, rules and regulations of Producer in connection therewith;
h. Artist is not subject to any obligation or disability that will or might prevent or interfere with Artist fully keeping and performing all of Artist's material covenants and material conditions to be kept or performed by Artist hereunder;
i. Artist has not made nor will Artist make any agreement that will or might conflict with or impair the complete enjoyment of the services, rights and privileges granted to Producer hereunder.
Artist’s Representations and Warranties. Artist represents and warrants that: a) Artist is the sole owner and author of the Artist Material; b) Artist has the exclusive right and authority and all rights necessary to submit the Artist Material to Ubisoft upon the terms and conditions stated herein; c) the Artist Material does not infringe upon or violate any intellectual property rights or other rights of any third party (including, without limitation, defamation, copyright, trademark, right of privacy); d) no rights in the Artist Material have previously been granted to anyone nor has the Artist Material otherwise been exploited in any way; and e) there are no liens, claims, encumbrances, pending or threatened actions, litigation, suits, or other claims concerning the Artist Material. Artist agrees to indemnify Ubisoft against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing.
Artist’s Representations and Warranties. Except to the extent permitted in Section 7 herein, Artist represents and warrants that, that:
a. Artist is the sole and original creator and designer of the Artwork provided to ArtsConnect or ArtsConnect RISE;
b. The Artwork, or any portion thereof, provided by Artist has not previously been published or sold by any other person or entity. This provision does not prohibit Artist from including Artist’s original Artwork which was previously published or sold by Artist or an entity authorized by Artist to publish or sell Artist’s Artwork.
c. Artist is the sole and exclusive owner of all right, title and interest in and to the design and creation of the Artwork and that Artwork does not violate any rights, including copyright and trademark, of any other person. The Artist further agrees that all work or portions thereof obtained by the Artist from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; and that the Artist has full authority to make this Agreement with regard to the Artwork.
Artist’s Representations and Warranties. Artist warrants and represents the originality of all ideas and statements in the Works supplied by artist under this agreement. Artist warrants and represents that Artist’s Works do not directly or indirectly infringe upon the rights of any person or entity, or commit any libel, slander, or other tort involving privacy or publicity, or violate the privacy of any such person or entity. Artist further warrants and represents that he has received a valid release from any and all person(s) portrayed in said Works whose likeliness is identifiable in the Works such that said person(s) likeliness may be portrayed for AlwaysHD’s financial gain.
Artist’s Representations and Warranties. The Artist represents and warrants to the Owner that the fabrication and installation of the Work will be performed in a workmanlike manner and that the Work will be free of defects in workmanship or materials consistent with the final Design Proposal and Engineering Drawings approved by the Owner and that the Artist will, at the Artist's own expense, remedy any defects due to faulty workmanship or materials that arise within a period of three years from the Completion Date and the date the Work is finally accepted by the Owner or five days after the Completion Date, whichever shall first occur. Any and all such repair shall be completed by the Artist in a proper, workmanlike manner consistent with the Technical and Maintenance Record and the “As-Built Drawings” attached to and made a part of this Agreement as Exhibits C and D, respectively.
Artist’s Representations and Warranties. The artist represents and warrants that: • The artist is the sole artist of the artwork and has the power to convey the rights granted in this agreement. • The artwork does not infringe the copyright of property right of another. • The artwork does not contain matter that is defamatory, violates another’s civil rights, right to privacy, right to publicity, or other legal right, or is otherwise unlawful. • If the artwork reproduces any textual or graphic material that is the property of another for which permission is required, the artist represents and warrants that such permission has been obtained in written form. • The artist agrees to indemnify and hold harmless the University of Michigan, Taubman College of Architecture and Urban Planning, and Agora from and against all damages, losses, liabilities, costs, and expenses incurred as a result of the artist’s breach of any of the above representations and warranties.
Artist’s Representations and Warranties a. Artist represents and warrants that Artist is the original and only creator of the Artwork.
b. Artist represents and warrants that Artist is the sole owner of the Artwork. Artist further represents and warrants that the Artwork is free and clear of any liens and that there are no outstanding disputes in connection with property rights, intellectual property rights, or any other rights in the Artwork or parts of the Artwork. Artist represents and warrants that Artist is the sole owner of any and all copyrights and other intellectual rights pertaining to the Artwork.
c. Artist represents and warrants that the Artwork will not pose a danger to public property, health or safety in view of the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this Agreement.
d. Artist represents and warrants that general routine maintenance and repair of this Artwork will maintain the Artwork within an acceptable standard of public display.
e. Artist represents and warrants that the installation and removal of the Artwork will not unacceptably damage or alter the Artwork.
f. If the location specified in section 1, above, is out of doors, Artist represents and warrants that foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor, repairable damage and will not cause the Artwork to fall below an acceptable standard of public display