terms & conditions

 

Terms & Conditions

Definitions

(a) “Exhibitor” means the applicant identified; (b) “Exhibition” means the specific expositions or the Art Award Exhibitions including but not limited to the Brisbane Art Prize(BAP) hosted by Life Art Worldwide; (c) “LAW Management” means Life Art Worldwide, its agents, employees and affiliates including the Brisbane Art Prize; (d) “Venue Management” means the owner or manager of the facility in which the Exhibition is conducted, and its employees and agents; (e) “Venue” means the facility within which the Exhibition is conducted and (f) “Contract” means this binding agreement between LAW Management and Exhibitor.

Contract

This application, when properly executed by the Exhibitor and upon written acceptance of the LAW/BAP Management, shall constitute a valid and binding Contract.  LAW Management reserves the right to accept or refuse any application for participation in the BAP Exhibition at its sole discretion.

18 Yrs and Over

All submitting artists are required to be 18 years or over.

Commission on Sale of Artwork

All art sales of artwork exhibited at the Brisbane Art Prize exhibition will attain a 40 % commission.

 

Collaborations

All  collaborating artists submitting to the Brisbane Art Prize need written pre-approval from LAW/BAP Management.

 Life Art Worldwide Cancellation

Under no circumstances will LAW/BAP management or its agents, representatives be liable for the repayment of fees or fulfillment of the contract if the Brisbane Art Prize is not delivered due to the following reasons: by reason of flood, fire, storm damage, cyclone, hurricane, tsunami, acts of God, terrorism, war, insurrection, public enemy, vandalism, strikes, the authority of the law, postponement or cancellation of Brisbane Art Prize or for any reason beyond the control of BAP/LAW management.

No refunds or credits will be issued by BAP management to Exhibitors in the event of cancellation of Brisbane Art Prize due to the circumstances set forth above. Under no circumstances will LAW/BAP management be responsible for Exhibitors loss of profits, earnings, incidental or consequential damage.

Exhibitor shall obtain at own expense, adequate insurance against any risk of loss in the event that Brisbane Art Prize be cancelled, postponed, rescheduled or relocated and Exhibitor shall remain liable for the full payment of fees set forth in the Brisbane Art Prize entry fees.

Mandatory Insurance

Exhibitor understands that neither BAP management nor Venue management upholds insurance covering Exhibitors property and it is the sole responsibility of Exhibitor to obtain and maintain such insurance. Exhibitor agrees to maintain sufficient insurance to fully cover LAW/BAP management, its affiliates, sponsors and Venue management from any liability arising from Exhibitor’s actions that may include but are not limited to installation, occupation and dismantling of Exhibitor’s exhibit. Exhibitor shall obtain and maintain public liability insurance to $10 000 000 to cover any events resulting in death, personal injury and damage to property.  Exhibitor is responsible for any and all damages caused by Exhibitor, Exhibitor’s agents; employees and guests. Exhibitor agrees to indemnify Life Art Worldwide, Brisbane Art Prize and LAW/BAP management, its affiliates, sponsors, agents students  and employees, Venue management, its affiliates, sponsors, agents, students, employees from and against any liability for loss and damage of any kind which Exhibitor may directly or indirectly cause.

Liability

LAW/BAP Management and Venue management will not assume any responsibility for the security of Exhibitors art, property, materials or merchandise for the duration of Brisbane Art Prize. Under no circumstances will LAW/BAP management or its agents representatives be liable for the loss or damage of art, property, materials or merchandise due to the following reasons: by reason of air conditioning or heating failure, theft, pilferage, vandalism, mysterious disappearance, flood, fire, storm damage, cyclone, hurricane, tsunami, acts of God, terrorism, war, insurrection, bomb threats or other causes. All such items are exhibited at Exhibitors own risk and should be safeguarded at all times. Exhibitor agrees that the Life Art Worldwide contract indemnifies all LAW/BAP Management, affiliates, sponsors, employees, students and representatives along with Venue Management, affiliates, sponsors, employees  against any loss as set forth above. Exhibitor assumes all responsibility for liability relating to loss, damages and claims arising from injury, damage or personal loss due from Exhibitor’s exhibit, merchandise, equipment, employees or representatives.

Exhibition Bump In/Bump Out

All movement of exhibits shall be handled by Life Art Worldwide/Brisbane Art Prize team.  No art will allowed in or out of the Venue without official clearance from BAP Management.

Exhibition Activities & Assignment

Exhibitor agrees that LAW/BAP Management does not guarantee audience numbers and or certain demographic attendance at Brisbane Art Prize.  This contract shall not be assigned in whole or part by Exhibitor to any other party without written consent of LAW/BAP Management.  Every effort on the part of LAW/BAP management will be made to produce a BAP catalogue without errors or omissions, however Exhibitor agrees that LAW?BAP management shall not be liable for any errors or omissions in the BAP catalogue.

Copyright and Reproduction Rights

Reproduction of the Brisbane Art Prize may be made by LAW/BAP Management, staff, affiliates, sponsors and employees along with Venue Management, staff, affiliates, sponsors and employees. Reproduction includes photography, film, advertising material, promotional material and video recordings.  Exhibitors hereby consent to Life Art Worldwide a non-exclusive, royalty-free, revocable, non-transferable world-wide license (without the right to sub-license) to utilise Exhibitors logos, trademarks, service marks, copyrighted content, hyperlinks, domain names, graphics, images for Brisbane Art Prize/Life Art Worldwide promotion, public relations and marketing purposes. All reproduction, promotion material, advertising and marketing belongs to Life Art Worldwide and Life Art Worldwide hereby owns the copyright to such as set forth above.

Exhibitor agrees to comply with all laws and regulations connected with the Australian Anti Discrimination Act and Equal Rights for all people experiencing disabilities and/or Racism.  Exhibitor and its employees, guests agree that it will provide complete accessibility to allocated space and exhibit and will not discriminate against for people experiencing disabilities and of differing nationalities, race or religion.

Amendments

LAW/BAP management may be required to amend these terms and conditions and Exhibitor hereby agrees to accept notice of such amendments and consider them part of the abiding Contract.

Legitimacy

The artwork must be entirely the work of the submitting artist. Should the legitimacy of any Exhibitor’s work of art be questioned during the course of Brisbane Art Prize, LAW/BAP Management hereby reserves the right to have the art removed from the Venue. Exhibitor is strictly accountable for all art exhibited in BAP Exhibition.  Exhibitors are also required to abide by copyright laws.  Exhibitor shall indemnify LAW Management against any claims made in relation to questionable legitimacy and sale thereof of Exhibitors art.  The sale of copyright infringement art, merchandise or material is an infringement of this Contract. All Exhibitors are required to abide by copyright laws during exhibition and sales at Brisbane Art Prize. Suspected copyright infringed items shall be removed at the discretion of LAW/BAP Management and concurrent violations of copyright infringement may result in a termination of the Contract between LAW Management and Exhibitor.  In this case, no refund will be made available to Exhibitor. Exhibitor agrees to indemnify LAW Management against any costs, fees, damages and legal or otherwise settlements relating to such a breach by Exhibitor.

Security

LAW Management reserves the right to have sole discretion over admission policies and procedures for the duration of Brisbane Art Prize.  Exhibitor passes issued by LAW Management and Venue Management must be utilised for security purposes. The Venue will be protected by Venue’s security . The security service does not indemnify Exhibitor against loss of property or imply an assumption of liability by LAW Management or Venue Management.

Workplace Health & Safety

Exhibitor acknowledges, accepts full responsibility and indemnifies LAW Management and Venue Management against any injury or damage as a result of failing to comply with the Workplace Health & Safety standards set forth.  LAW Management and Venue Management reserve the right to remove any disruptive or disorderly people from Life Art Worldwide without resorting to legal proceedings. Exhibitor hereby waives the right to claim for damages as a result of LAW/BAP Management and Venue Management exercising this right.

Protection of Facilities

Exhibitors, their employees, agents and guests shall not paint, glue, tack, screw, nail or otherwise attach anything to the internal and external exhibit walls, columns, floors or ceilings or internal and external walls, columns, floors and ceilings of the Venue without the written consent of LAW management. Fluids which may cause stains or damage shall not be used within the Venue. Packing and Unpacking of art, materials and merchandise shall be as directed by LAW/BAP Management, employees. Exhibitor shall not deface, injure or destroy the Venue facilities in any manner. Exhibitor agrees that LAW/BAP management and Venue Management reserve the right to remove any persons and property from the Venue without resorting to legal proceedings.

Applicable Laws

This contract shall be governed by Queensland and Australian law without application of its conflict of laws principles. All terms and regulations of sponsorship agreements are hereby included in this contract.  Any suit instigated by either Exhibitor or LAW/BAP Management shall be instituted in a court of law governed by Queensland and Australian laws. If for any reason a court of law finds any segment this contract to be unenforceable, said segment will be enforced to the maximum extent possible so as to affect the intent of the parties and the remainder of this contract shall remain enforceable.  If either party instigates proceedings against the other party to affect the intent of the said contract, the prevailing part in such proceedings shall be entitled to recover from the other party the actual costs, expenses and legal fees incurred by such prevailing party in connection with the proceeding and in connection with obtaining any judgement on the matter.

Race/Disabilities

Exhibitor agrees to comply with all laws and regulations connected with the Australian Anti Discrimination Act and Equal Rights for all people experiencing disabilities and/or Racism.  Exhibitor and its employees, guests agree that it will provide complete accessibility to allocated space and exhibit and will not discriminate against for people experiencing disabilities and of differing nationalities, race or religion.