I, (the “designer”) has created artwork for the Our Next Flag program for the city of Anaheim (“the city”). The city, per program guidelines, my consider the design in adopting a new Anaheim flag.
Consideration of submissions is at the sole discretion of the city manager's staff. Flags that don't adhere to program guidelines or that are inappropriate or offensive will not be considered without further comment or feedback.
The designer, on behalf of himself/herself, his/her heirs, assigns, successors, executors and administrators, agrees:
1. In exchange for full recognition and credit as the designer of the flag, the designer grants the city full ownership of the flag, including the right to reproduce and display the flag. The designer waives all rights or benefits for the use of the design by the city, including, but not limited to, payment of licensing fees and royalties.
2. The designer releases and forever discharges the city and its respective successors, assigns, officers, agents or employees from any and all claims, demands or causes of action of any kind or nature whatsoever, whether known, suspected, unknown or unanticipated, that arise out of or in any way connected with or related to the use of the design by the city.
3. The artist represents that he/she is the owner of the artwork, with all the rights and privileges associated therewith and is fully authorized to execute this agreement and release for the use of the artwork. The artist represents that there exists no other person(s) or parties with any legal rights or interests in the artwork that would in any way preclude, prevent, or interfere with the artist's ability to grant the city the right to use the artwork.
4. In making this agreement and release it is understood and agreed that the artist relies wholly upon his/her judgment, belief and knowledge and is made without reliance upon any statement or representation by the city or its representatives. The artist further declares and represents that no promise, inducement or agreement not expressed here has been made to the undersigned, and that this agreement and release contains the entire agreement between the city and the artist.
I have read and understand the agreement and release.
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