I voluntarily choose to participate in Handwriting the Constitution (the “Project”), a community art project managed by community volunteers with the assistance and support of Silicon Valley Creates (“SVCreates”). The Town of Los Gatos (the “Town”) has endorsed and is supportive of this effort and the potential for displaying the final product in a public space, but the Project is a community art project and not an official Town activity. By signing below, I agree as follows:
1. Assignment of Rights in Contribution
I understand that my handwritten contribution, transcription, writing, and any creative work I produce as part of the Project (collectively, my “Contribution”) is being created as part of a collective community art project. I hereby irrevocably assign and transfer to SVCreates all of my right, title, and interest in and to my Contribution, including any and all copyrights and other intellectual property rights, whether now known or later recognized, throughout the world, in perpetuity. SVCreates and its designees, assignees, and transferees shall have the exclusive right to use, reproduce, publish, display, archive, adapt, edit, license, distribute, perform, or otherwise use my Contribution, in whole or in part, in any media now known or later developed, for artistic, educational, archival, documentary, promotional, civic, or nonprofit purposes related to the Project.
2. Consent to Photography and Recording
I understand that SVCreates and all community volunteers participating in the Project, and their authorized employees, contractors, volunteers, and project partners may photograph, film, audio record, or otherwise document the Project, including my participation in the Project (“Recordings”). To the extent reasonably practicable, my recognizable image or likeness will not be intentionally featured in promotional or public-facing materials without my consent, except where my appearance is incidental to documentation of the Project, public events, or crowd scenes. I authorize SVCreates and all community volunteers, and their designees, assignees, and transferees to use the Recordings in connection with creating, documenting, preserving, displaying, or promoting the Project.
3. Waiver of Approval/No Compensation/Moral Rights
I understand and agree that (i) I have no right to inspect or approve any finished work, publication, exhibition, or presentation incorporating my Contribution or any Recording; (ii) I will receive no royalties, compensation, or other payment arising from use of my Contribution or Recordings; (iii) SVCreates and its designees shall have the right to destroy and dispose of my Contribution and any Recordings following completion of the Project, and (iv) my participation in the Project is voluntary. To the fullest extent permitted by law, I waive any rights of attribution, integrity, approval, or similar rights I may have in my Contribution, including any rights arising under the Visual Artists Rights Act of 1990, as amended, or the California Art Preservation Act of 1979, as amended.
4. Release of Claims
I release and discharge SVCreates, the Town, any community volunteer participating in the Project, and any organization serving as a venue to host the Project, and any of them together with their respective officers, directors, employees, contractors, volunteers, agents, project coordinators, successors, and assigns from any and all claims (i) arising out of the use of my Contribution or the Recordings, including without limitation claims for invasion of privacy, defamation, publicity rights, or copyright infringement, and (ii) arising from or related to my participation in the Project.
5. Miscellaneous
This agreement is governed by the laws of the State of California. If any provision of this agreement is found unenforceable, the remainder shall remain fully effective.