SALA Participant Terms & Conditions 2023
This document contains the terms on which the Artist, South Australian Venue, or participant (You or Your) will be registered with SA Living Artists Inc (ABN 36 876 104 708) (We, Us or Our) to participate as an independent artist or venue in the 2023 SALA Festival.
1.2 These terms are only for the 2023 SALA Festival and will apply until the later of 31 August 2023 or at the end of Your Event(s).
1.3 By registering Your Event(s) in 2023 SALA Festival You agree to complete an ‘Artist and South Australia Venue Survey’ provided by SALA employees to You via email at the conclusion of the 2023 SALA Festival.
2. Eligibility to Participate in 2023 SALA Festival
2.1 All Events registered in the 2023 SALA Festival must have at least 1 Artist participant who is a South Australian Living Artist. There is no limit on the number of other Artists in a 2023 SALA Festival Event but Artists who are not South Australian Living Artists will not be eligible for consideration in the 2023 SALA Awards and will not be published in the 2023 SALA Festival Program. Subject to clause 2.4, Events containing at least 1 South Australian Living Artist are eligible for consideration in the 2023 SALA Awards.
2.2 A South Australian Living Artist is defined as someone who is living and working in South Australia at the time of registration for the 2023 SALA Festival or at the time of the 2023 SALA Festival itself. We reserve Our right to determine who is a South Australian Living Artist for the purposes of the 2023 SALA Awards.
2.3 Artist is defined as someone who practices visual art. This can include painting, sculpture, drawing, photography, ceramics, textile, moving image and more. Other art forms such as music, dance, and theatre are not eligible for participation in 2023 SALA Festival unless in conjunction with an Event that meets the eligibility criteria set out in the SALA Terms and Conditions located on the SALA website at https://www.salafestival.com/sala-terms-and-conditions/.
2.4 The 2023 SALA Awards are awards which are open to all registered 2023 SALA Festival participants who have submitted an award nomination form through the online portal on our website at https://www.salafestival.com/artfuel/ and meet the specific award eligibility criteria. Our decisions in relation to the 2023 SALA Awards are not open to negotiation and We are under no obligation to provide any reasons for a decision.
2.5 We reserve the right to not accept any Event registration which does not contain a South Australian Living Artist or to cancel the registration of any Event on that basis, at Our sole discretion, without any compensation whatsoever to You.
2.6 All Events which are registered in the 2023 SALA Festival must be held in a South Australian Venue.
2.7 All Events registered in the 2023 SALA Festival must be open to the public once, at a minimum, during the month of August 2023.
3.1 As part of the registration process You will be provided with a summary of registration information detailing Your Event(s) in the 2023 SALA Festival for publication in the 2023 SALA Festival Program.
3.2 You warrant that all information supplied to Us in relation to Your Event(s) has been reviewed by You and is accurate, correct and not misleading. This also applies to any and all future information supplied to Us by You. If at any time there are changes to the information you have given Us or You become aware You have provided Us information which is misleading and/or not accurate and correct, You must immediately notify Us in writing of the accurate and correct information.
3.3 Notwithstanding clause 3.2, You may make changes to the information you have provided to Us up to and including 10 May 2023. If You ask for changes to Your information after 10 May 2023, those changes will only be made at Our sole discretion. If You submit an Early Bird registration, any request to change information You provided to Us after the closing of the Early Bird deadline will incur a fee.
3.4 We are the publishers of the SALA Festival Program and website, We reserve Our right to:
(a) edit listing copy or images that We deem inappropriate for the general audience or otherwise for efficiency or clarity; and
(b) refuse to publish text or images that We deem inappropriate for the general audience which the SALA Festival Program and Our website is intended to reach.
3.5 We reserve Our right to not accept the registration of Your Event(s) or not accept any content or any material as part of your Event(s):
(a) that is liable to incite racial, ethnic or homophobic hatred or promotes hatred of any particular community or persons; or
(b) that constitutes or encourages conduct that would be considered as a criminal offence or is otherwise contrary to any law including freedom of expression legislation and third party contractual rights; or
(c) that breaches SALA’s First Nations Rights Policy; or
(d) that is detrimental or is likely to cause damage to Us and the 2023 SALA Festival, and/or Our sponsors and stakeholders, including but limited to reputational damage.
3.6 We reserve Our right to discontinue Your Event at any time, in Our absolute sole discretion, if We become aware of any offending material or content set out in clause 3.5 without any compensation whatsoever to You.
3.7 We will not be liable to You or any third party, and You or any third party shall have no claim against Us in respect of any loss, howsoever arising, which arises out of, or in connection with, any errors or omissions in the 2023 SALA Festival Program or any listings of Your Event(s).
3.8 You must not misrepresent your Event as being sponsored by the 2023 SALA Festival. You may describe your registered Event as being part of the 2023 SALA Festival. The use of the term ‘SALA’ in exhibition titles and/or supporting copy are reserved for use in relation to Events, activities and projects which are subject to a separate contractual agreement with Us.
4. Image Use and Offers
4.1 You agree to grant Us a royalty free, non-exclusive perpetual licence to amend, adapt and modify in accordance with clause 3.4(a) and to reproduce any images uploaded by You in the registration form or taken by authorised 2023 SALA Festival photographers, and to advertise and promote the 2023 SALA Festival. Artists and photographers will be acknowledged in any such publications.
4.2 By registering as an Artist or a South Australian Venue for the 2023 SALA Festival, You agree to receive offers via text message, email or mail from Us and Our partners.
5. Indemnity from You
Notwithstanding any other indemnity, warranty or guarantee provided by You in these terms:
5.1 You accept that You, Your employees and other stakeholders participate in the 2023 SALA Festival wholly at Your and their own risk. We are not liable for You, Your employees and other stakeholders shall have no claim against Us in respect of any loss or damage, howsoever arising, incurred by You, Your employees or stakeholders.
5.2 You warrant to Us that you have obtained all necessary licences, rights, permissions or consents from all parties who have, or may have, a claim in copyright and other intellectual property rights whatsoever in any art work, content, material, listing or images, and You indemnify Us, and keep Us indemnified, in respect of any and all claims, demands, actions, proceedings, loss, liabilities, costs, charges and expenses of whatsoever nature that are suffered or incurred by Us which arises out of, or in connection with (whether directly or indirectly) any and all such necessary licences, rights, permissions or consents.
5.3 You indemnify Us and keep Us indemnified against any and all claims, demands, actions, proceedings, loss, liabilities, costs, charges or expenses of whatsoever nature suffered or incurred by Us which arises out of, or in connection with, (whether directly or indirectly) any act or default by You or Your artists, venue, agents, employees or contractors in connection with the conduct of the Event(s) or the use of Your venue for Your Event(s).
5.4 You understand that We are not responsible for any damage, vandalism or theft of Your property at Your Event(s) and You are wholly responsible for the safety of audience members. You are responsible for arranging and paying for all necessary insurances for your Event(s) including but not limited to public liability insurance.
6. General Conditions
Unless specifically described as ‘GST Exclusive’, any sum payable (or amount included in the calculation of the sum payable) or consideration to be provided, under or in accordance with these terms already includes an amount on account of GST where applicable.
6.2 Payment in respect of any taxable supply under this agreement is subject to:
(a) a valid tax invoice being delivered to the Recipient for the supply; and
(b) the supplier having provided notice in writing to the Recipient of its ABN.
6.3 Limit on Liability
(a) All express and implied warranties, guarantees and conditions under Statute or general law as to merchantability, description, quality, suitability or fitness of any goods or services supplied by Us for any purpose are expressly excluded to the extent this is possible and We will not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or services arising out of Our negligence or in any other way whatsoever.
(b) If any implied warranties and guarantees cannot be excluded, then Our liability is limited (at Our sole discretion) to the supply of the equivalent goods; or the resupply of services’ or a refund of the amount of the registration fee.
6.4 Termination & Cancellation
(a) Registration fees are non-refundable.
(b) We can terminate Your participation in the 2023 SALA Festival either with cause for a breach of these terms without notice or without cause by 5 days written notice to You and We will remove Your Event(s) from the program for 2023 SALA Festival. You are not entitled to any compensation whatsoever in the event of termination except, at Our absolute sole discretion, the refund of Your registration fee.
In these terms:
(a) a reference to a South Australian Venue is a reference to any venue located within South Australia but additionally includes any venue associated with a First Nations cultural group which identifies with some land which is contained within South Australia even if the group or venue itself is based outside of the South Australian border;
(b) a reference to an Event is a reference to any Artist exhibition or to the South Australian Venue that will showcase the artistic exhibition or presentation;
(c) singular includes plural and vice versa and another grammatical form of a defined word or expression has a corresponding meaning;
(d) reference to a person includes a natural person, corporation and partnership, body corporate, association, governmental or local authority or agency or other entity and vice versa;
(e) headings do not effect interpretation and no rule of construction applies to the disadvantage of a party because that party put forward these terms or any portion of it;
(f) if a provision of these terms would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result but if the provision cannot be read down to that extent it must be severed without effecting the validity and enforceability of the remainder of these terms;
(g) reference to a party, if more than one, means each of them jointly and severally and includes the successor to the rights or obligations of that party under these terms;
(h) a reference to a dollar or dollars is to Australian currency;
(i) a reference to time is to Adelaide, South Australian time;
(j) references to “includes” or “including” or “for example” means without limitation.
6.6 Governing Law and Jurisdiction
(a) These terms are governed by the law of South Australia; and
(b) each party irrevocably agrees that the Courts of South Australia have exclusive jurisdiction to determine any proceedings in relation to these terms.
Questions: If you have any questions about these terms, please contact Us on telephone (08) 7077 0011 or by email at [email protected]