Common use of Artist’s Representations and Warranties Clause in Contracts

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. 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 the 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.