Pickin' In The Park Printer Friendly Contract

Each local chapter of Pickin' In The Park® will provide an independent venue for acoustic musicians to play music in separate, comfortable jam sessions and gives listeners who attend the chance to explore the rich world of music that exists in their own hometowns.

Pickin' In The Park, LLC (Licensor) is the national administrator of the Pickin' In The Park® project and seeks to enter into agreements with passionate, qualified people who will strive to promote this concept in their communities, and will devote the time and resources necessary to produce a quality event that reflects the marks and theme that is consistent with the original Pickin' In The Park®.

Therefore, Pickin' In The Park, LLC (Licensor) and the undersigned Licensee agree to the following terms establishing a local chapter of the Pickin' In The Park® to be held at:

VENUE NAME AND ADDRESS:

You can use the Pickin' In The Park® trademark for free.

1. Authorization of Use of Pickin' In The Park® Servicemarks: The Pickin' In The Park® name and distinctive logo are servicemarks solely owned by Pickin' In The Park, LLC and Lisa Jacobi who hereby grants permission to the Licensee to use the servicemarks at no cost for the sole purpose of promoting and advertising their hometown Pickin' In The Park® events. Any unauthorized use of the Pickin' In The Park® name or logo is strictly and specifically prohibited and shall result in the immediate cancellation of this Agreement without prior notification, and may result in legal action against the offending unauthorized user.

2. The Licensee will not change or alter the Pickin' In The Park® name, design or logo in any manner. The Licensee will use the logo artwork as provided by Pickin' In The Park, LLC. or by its administrator, Lisa Jacobi.

3. The Licensee will pay $39.95 to Pickin' In The Park, LLC to cover the costs of the Pickin' In The Park® Event Operations Manual, companion CD-Rom and postage.

You own your local Pickin' In The Park®.

4. Independent Contractor: Licensee shall at all times be an Independent Contractor rather than an employee or agent of Pickin' In The Park®. As an Independent Contractor, Licensee shall not be paid any remuneration, salary, income, or any other compensation by Pickin' In The Park, LLC. Furthermore, Pickin' In The Park, LLC. will not withhold or pay income taxes or FICA (Social Security Taxes) nor will provide unemployment or worker’s compensation benefits for Licensee or any employee or agent of Licensee.

5. Licensee shall be solely responsible for acquiring access to and gaining permission for necessary use of a venue and all systems, fixtures, and other necessary items required by each Pickin' In The Park® event.

6. The local chapter of the Pickin' In The Park® will maintain its own financial books, bank accounts and keep all funds generated from sponsorship for dispersion to support its own operation. Pickin' In The Park® does not claim nor expect any share in the finances of the local, hometown chapter.

7. The local chapter of Pickin' In The Park® will never charge admission nor take up monetary collections at or on behalf of the event.

8. Pickin' In The Park, LLC will provide at no cost the contact text and url link on the Pickin' In The Park® website (www.PickinthePark.com).

9. If so desired, Licensee may arrange for local radio broadcasts of jam sessions at its Pickin' In The Park® event. Licensee is responsible to acquire any permissions necessary in regards to rights and royalties of licensed musical material if the broadcast falls outside the realm of news or feature story.

10. Licensee may arrange for live news broadcast of Pickin' In The Park® on local or regional television or on the internet. Pickin' In The Park, LLC will issue this specific written permission to the broadcaster and Licensee at no charge, cost or royalty to the broadcaster or Licensee upon approval.

Licensee initial: _________

Pickin' In The Park, LLC initial: _________

Pickin' In The Park® Agreement, page two

What's yours is yours.

11. DISCLAIMER: Licensee and Licensee's employees, agents, and assigns are solely responsible for all expenses related to and arising from the production of all Pickin' In The Park® events. Pickin' In The Park, LLC.; Curmudgeon Cafe Records; Curmudgeon Cafe; any of its underwriters, shareholders and sponsors (hereafter referred to as PRODUCER’S GROUP) and Lisa Jacobi individually, shall bear no responsibility for payment of any expense related to or arising out of any local Pickin' In The Park® event.

PRODUCER’S GROUP and Lisa Jacobi, individually, shall not bear any responsibility for payment of any fee, expense, or compensation to the owner or operator of any venue - or for the owner or operator of any item(s) rented, purchased or used in the production of any Pickin' In The Park® event.

PRODUCER’S GROUP nor Lisa Jacobi, individually, is nor shall be a guarantor of any agreement between Licensee and any party which is not a signatory to this Agreement and shall not be held liable for any agreement between Licensee and any party which is not a signatory to this Agreement.

12. Licensee shall indemnify and hold harmless PRODUCER’S GROUP and Lisa Jacobi, individually, for any and all liability, civil or criminal, for any act committed by Licensee or Licensee's employees, agents, or assigns at any time and hold them harmless from any claim for damages arising out of any injury, death, or property damage in connection with any act committed by Licensee or Licensee's employees, agents, or assigns.

Keep your standards high.

13. Inappropriate Material: This agreement may be canceled by Pickin' In The Park, LLC. upon written notice if Licensee allows a musician or group playing at any Pickin' In The Park® event to present material not suitable for listeners of the general public, including children, or which may harm the public image or goodwill of Pickin' In The Park, LLC.

14. Discriminatory Exclusion: No person shall be excluded from playing music, volunteering or attending any Pickin' In The Park® event because of their race, religion, creed, sex, or disability. Pickin' In The Park, LLC shall have sole discretion in determining whether such act shall result in the cancellation of this Agreement.

15. Non-Compliance: Failure to comply with the terms herein shall result in cancellation of this Agreement. Upon cancellation, Licensee shall cease all activities related to the production of any Pickin' In The Park® event, shall cancel the next scheduled event, and shall immediately cease any and all use of the Pickin' In The Park® servicemark otherwise authorized by this Agreement.

16. Forum Selection: The parties hereby agree that any grievance resulting from this Agreement shall be settled or adjudicated in compliance with and under the laws of the State of Georgia and any litigation resulting from such grievance shall be settled or adjudicated in Fannin County, Georgia.

17. This Agreement contains the entire understanding of the parties, and no oral representation not contained herein shall be binding upon the parties hereto.

18. This Agreement shall take effect when signed by both parties and shall continue from year to year unless superseded by a later written Agreement duly executed by both parties. Any amendment to this Agreement must be in writing and shall not take effect until and unless such agreement is executed by both parties.

Approved and accepted on by:

Licensee Authorized Signature:

Licensee Complete Address:

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Licensor Signature Lisa Jacobi
Licensor Complete Address: Pickin' In The Park, LLC
166 U.S.A. Drive
Copperhill, TN 37317