The City of Mandurah (City) is hosting the Peel Open Studios 2023 (Event). The applicant (Artist) has submitted an application for registration (Application) to participate in the Event. By submitting the Application to participate in the Event, the Artist agrees to abide by the following terms and conditions (Terms and Conditions):
Definitions In these Terms and Conditions, the following definitions apply:
Artist means the individual or individuals submitting the registration to participate in the Event whose name or names appears on the registration form
Collective Application means an application from two (2) or more Visual Artists in one (1) Studio, operating as a single entity under one (1) collective title
Event means the Peel Open Studios 2023 and all associated activities
Guest Artist means an individual or individuals residing or operating outside of the Peel region, participating in the Event and sharing a Studio with and at the invitation of a registered Artist
Individual Application means an application from one (1) Visual Artist in one (1) Studio
Shared Application means an application from two (2) or more Visual Artists in one (1) Studio, operating as distinct entities
Studio means the address provided by the Artist for the purpose of the Event, as appears on the registration form
Visual Artist means an individual or individuals who practices Visual Arts
Visual Arts means the production of original works that are unique or in limited copies using conscious skill and creative imagination in a variety of mediums or processes. Mediums or processes may include drawing, painting, ceramic arts, sculpture, photography, graphic arts, printmaking, media arts, electronic or digital design, textiles, jewellery, glass arts, fine woodworking and other mediums deemed appropriate at the sole discretion of the City
Application and Registration
Applications to participate in the Event must be submitted by Monday, 16 January 2023 (please note, late registrations will not be accepted unless stated otherwise)
To be eligible to register to participate in the Event, the Artist must meet the following eligibility criteria:
The Artist must be eighteen (18) years of age or over;
The Artist must live or predominantly operate within the Peel region, satisfaction of this criteria is decided at the sole discretion of the City;
The Studio utilised for the purpose of the Event must be situated within the Peel region, including the City of Mandurah, Shire of Murray, Shire of Waroona, Shire of Boddington and Shire of Serpentine-Jarrahdale; and
The Artist must be a practising Visual Artist.
Artists are permitted to share the Studio for the purpose of the Event with a Guest Artist, however Guest Artists are not eligible to submit an Individual Application or participate in the Event outside of a Shared or Collective Application arrangement.
A registration fee (Participation Fee) is payable upon registration, and includes:
One profile listing in the printed program;
One profile listing on the website;
One feature on the Facebook page;
Signage hire to use during the Event; and
Marketing and practical support throughout the Event.
Subject only to clause 10 below, Participation Fees are non-refundable, non-transferable, and must be paid through the Peel Open Studios website at the time of registration.
By registering, the Artist commits to open their studio space during the nominated dates and times. Any variations to the registration must be given in writing to the Event coordinator, as soon as practicable.
Acknowledgments and undertakings
The Artist must not do anything or become involved in any situation which, in the opinion of the City, brings the City or the Event into public disrepute, contempt, scandal or ridicule, offends public opinion or reflects unfavourably upon the City and or the Event’s reputation.
The Artist understands and agrees that the City, in it’s absolute discretion, may exclude the Artist from participating in the Event if in the City’s opinion the Artist breached clause 7 above.
The Artist understands and agrees that participation in the Event is at the Artist’s own risk.
When engaging in an activity related to the Event, the Artist shall act in a responsible manner that is considered reasonable and acceptable by the City, and in a manner that would reasonably be considered responsible by other Artists.
The City reserves the right to change the location, date and times of the Event as needed. In the case that the Event is changed the Artist will be notified immediately.
Whilst every care is taken in the Event program content and structure, the City reserves the right to alter or substitute components of the Event as deemed appropriate.
The City and the Artist acknowledge and agree that they are not partners and are not to act as representatives for the other.
The Artist acknowledges and agrees that the City shall not be liable, in negligence or howsoever, for:
the success or otherwise of the Event; or
any losses or financial shortfalls encountered by the Artist in connection with the Event or these Terms and Conditions.
The Artist acknowledges and agrees that the City cannot and does not guarantee any returns, financial or otherwise for the Artist’s participation in the Event.
The Artist releases and indemnifies the City from all claims, costs, losses (whether direct or indirect) including any interest, injury, death, penalties, legal and other professional fees and expenses awarded against or incurred by the Artist, as a result of their engagement in the Event, or a breach of these Terms and Conditions or any wilful misconduct or a negligent act or omission by the Artist or their authorised personnel or any other person for whose acts or omissions the Artist is vicariously liable.
The Artist must hold current Public Liability Insurance with a recognised and reputable insurer for the duration of the Event that covers the Artist’s public studio space (minimum $10mil for each occurrence). The Artist must at registration provide to the City a copy of the Certificate of Currency.
The Artist acknowledges that the City is and will remain the proprietor of any intellectual property that the City has specifically developed in relation to the Event.
The Artist and the City acknowledge that all other intellectual property remains the property of the creator.
Health and Safety
The Artist will be required to read a brief document outlining Local Laws in regards to Public Interest Signage, and acknowledge they understand the information outlined in the document prior to receiving signage. If at any time during the Event, signage is found in a non-compliant location, that signage may be removed.
The Artist must abide by the health and safety protocols, including relevant COVID-19 guidelines, at the time of the Event.
In accordance with the COVID-19 guidelines, the Artist may be required to:
Place signage communicating COVID-19 information around the studio venue
Provide hand sanitiser for public use, and disinfect high-touch areas of the studio space frequently (the City will provide these materials to the Artist
Maintain social distancing practices when visitors enter the studio area
Use best endeavours to attend a safety and health briefing (date TBA)
If the Artist violates any of these health and safety protocols, the City reserves the right to exclude the Artist from the Event.
The Artist gives the City permission for the use of any and all images submitted through the registration process, for the promotion and marketing of the Event.
Images must not, in the opinion of the City in its sole and unfettered discretion, contain obscene, provocative, sexually explicit, defamatory, or otherwise objectionable or inappropriate content.
The City will not be liable for any third-party misuse of images.
The Artist information and images may be altered, edited and or modified to suit the layout and style guide of the Peel Open Studios website and associated printed materials.
For the purposes of this these Terms and Conditions, a Force Majeure Event means:
any occurrence or omission as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations (other than a payment obligation) under these Terms and Conditions and that is beyond the reasonable control of that party; or
an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, lightning, fire, earthquake, storm, flood, drought, disease, pandemic, explosion, industrial action or labour disturbance, currency restriction, embargo, action, inaction or direction by a Government Agency, or a failure of a supplier, public utility or common carrier,
Government Agency means:
a government or government department or other body;
a governmental, semi-governmental or judicial person; or
a person (whether autonomous or not) who is charged with the administration of a law.
Where the Event or parts thereof are prevented, rendered impossible or unfeasible by reason of a Force Majeure Event the City may cancel or suspend the Event.
Where the Event or parts thereof are cancelled or suspended under this clause, the parties agree that there shall be no claim in damages by either party and, in the event of cancellation any obligations under these Terms and Conditions shall be waived.
Where the Event is cancelled due to a Force Majeure Event, the City will refund to the Artist the Participation Fees.