By submitting this “Image” for display on the “Billboard,” as such two terms are defined below, such person or entity submitting such Image (“Artist”) agrees to all terms as set forth below. Artist acknowledges that 1700 Digital LLC, a Maryland limited liability company (“Operator”) manages the digital portion of the billboard (the “Billboard”) located at 1700 N. Charles Street in Baltimore City, Maryland (the “Property”) and is authorized by the Property owner, Bowling Corner, LLC (the “Owner”) to accept art and public service announcements for potential display on the Billboard; and, by Artist agreeing to the following terms, Operator may display Artist’s images, art, and text copy (collectively, the “Image”) on the Billboard, all under the following terms and conditions.
Artist agrees as follows:
Operator may display Artist’s Image on the Billboard for no fee for a time period in Operator’s sole and absolute discretion.
Operator reserves the right to use photographs or digital images of Image for promotional and marketing purposes for the Billboard, including, but not limited to the Billboard’s website, Shanklin Media Group LLC website, and any social media and promotional materials, whether in electronic or printed format, relating to the Billboard.
Artist represents and warrants that Artist owns the Image submitted to Operator for display on the Billboard and that by submitting the Image to Operator, no federal, state, and/or local laws, codes, ordinances, administrative and court orders and directives, rules and regulations which have the force of law, whether now in effect or hereafter promulgated (collectively, “Applicable Law”) shall be violated. No mention in this Agreement of any specific right or remedy shall preclude Operator from exercising any other right or from having any other remedy or from maintaining any action to which it may otherwise be entitled; and specifically, but not in limitation of the foregoing, Operator shall be entitled to the benefit of all Applicable Law.
Artist shall indemnify and hold harmless Operator (as well as Operator’s officers, directors, employees, and agents) (collectively, the “Indemnified Parties”) of and from any and all liabilities, penalties, actions, and costs (including without limitation reasonable legal fees), incurred or suffered by the Indemnified Parties, or asserted by a third party against the Indemnified Parties, directly or indirectly arising due to a breach of any and/or all of Artist’s obligations set forth herein.
Artist acknowledges that Operator may accept Images from other parties for use of the Billboard and Artist further acknowledges that Artist shall have no authority to consent to any other parties Image displays on the Billboard. The authority to allow all Image displays on the Billboard, including but not limited public service announcements, shall rest solely with the Operator with both parties acknowledging that such authority shall include the right by Operator to remove an Image display at any time.
The laws of the State of Maryland shall govern the construction and effect of these terms agreed upon by Artist.
Jury trial waiver. Artist hereby waives any right it may have at law or in equity to a trial by jury in connection with any suit or proceeding at law or in equity brought by Artist or Operator against the other party or which otherwise relates to these terms.
