These Terms & Conditions will be upheld by the person exhibiting work (Exhibitor) at Head On Photo Festival 2023 (Head On) and Head On Foundation Ltd (ABN 46 127 619 149) (Head On).

BACKGROUND

The not-for-profit Head On Foundation presents Head On Photo Festival, one of the world’s leading photography festivals, attracting critical acclaim and extensive publicity. The Head On team works year-round on project management, infrastructure, promotion, marketing and sponsorships necessary to present hundreds of artists with the opportunity to show their work to a global audience through the annual Head On Photo Festival.

INTRODUCTION

1. You, the Exhibitor, have been selected to present an Open Exhibition (exhibition) during Head On Photo Festival 2023
2. The Exhibitor must sign the Terms & Conditions and return them to Head On by the applicable due date (key dates will be provided)
3. The Exhibitor will notify Head On by the applicable due date (key dates will be provided) in writing if they wish to withdraw from exhibiting in Head On Photo Festival 2023
4. Head On is not liable for any costs the Exhibitor incurs in providing Head On with image files or any other material requested
5. If, due to unforeseen circumstances, Head On Photo Festival 2023 does not take place as scheduled, alternative measures for the exhibitions may be arranged
6. All Terms and Conditions may be updated at Head On’s discretion

COMMUNICATION

1. Head On will communicate with the Exhibitor by email and/or phone, including text messages
2. Head On may send text messages to alert the Exhibitor that important information was emailed to them
3. The Exhibitor should check all email folders (such as inbox, junk, clutter etc.) to ensure and read correspondence from Head On and notify Head On if they require more information or did not receive expected email communication
4. Head On is not responsible for outcomes if an Exhibitor does not read or act on information sent to them in a timely manner
5. The Exhibitor will notify Head On as far as possible in advance if they cannot be contacted anytime between 16 June 2023 – 3 December 2023

FESTIVAL REGISTRATION

1. The Exhibitor of Head On Photo Festival 2023 is required to pay a Festival registration fee of AUD$295 (approx. US$199/ €185) and return this signed terms and conditions by the due date (see key dates document)
2. The registration fee should be paid online via a link to be sent by Head On Photo Festival
3. This fee is payable even if an exhibition space has not been confirmed
4. The fee is refundable in full if the applicant does not proceed with the exhibition upon request emailed to [email protected] by the due date (see key dates document)
5. Registration fees cannot be carried over for future Head On Photo Festivals

OPEN EXHIBITOR RESPONSIBILITES

The Exhibitor will:

1. Comply with the key deadlines (to be provided) by providing all digital files and other material Head On requests at the prescribed specifications
2. Acknowledge and agree that they will provide personal information (such as their name, address, telephone number and email address) to Head On
   1. Head On will use personal information collected in the process of submission to contact applicants, which will be handled according to the Privacy Act and otherwise in accordance with an applicant’s consent
   2. If the primary contact person represents a group of artists, provide Head On with a complete list of exhibitors and residential postcodes (postcodes are used anonymously for reporting purposes only)
   3. Head On will add the Exhibitor’s email address to its e-newsletter database in order to maintain contact with the Exhibitor
   4. An Exhibitor may opt-out of receiving the e-newsletter at any time
   5. The Exhibitor is responsible for providing Head On updates of contact details
3. Acquire all necessary rights and licenses to use all works, digital images and other subject matter forming part of the Exhibition and its promotional material
4. If seeking a printed exhibition, be responsible for securing an appropriate exhibition venue and complying with the terms and conditions of that venue
   1. The venue can be traditional (e.g. gallery) or non-traditional (e.g. café, library, studio etc.)
   2. The Exhibitor will provide all artworks for the exhibition and pay for all labour and material costs associated with the creation of the artworks
   3. The Exhibitor will be responsible for, and pay all expenses incurred in the exhibition including but not limited to payments for venue hire, installation, hanging, framing, construction, transport, freight, storage, design, maintenance, de-installation including recovery of gallery walls, and any other associated costs
   4. Administer sales or arrange for staff at the exhibition venue to administer sales if they choose to sell works
5. Only exhibit work that has been accepted by Head On Photo Festival 2023 from the body of work proposed in the original submission unless agreed in writing with Head On
6. NOT exhibit the work accepted into Head On Photo Festival 2023 in New South Wales, Australia between 9 June 2023 and 3 December 2023 unless agreed to in writing by Head On or is included in the Head On Photo Awards
7. NOT exhibit the work accepted into Head On Photo Festival 2023 in more than one Sydney location (whether as part of the 2023 Festival or not) during Head On Photo Festival 2023 unless approved by Head On by the due date (see key dates document) or is included in the Head On Photo Awards
8. Request written agreement from Head On by the appropriate due date (key dates will be provided) and receive Head On’s approval before finalising dates and times for any event/ artist talk planned in conjunction with the Exhibition and/or, if from overseas or interstate, visit Sydney and Australia; Head On may ask for more information about the event
9. Take all measures necessary to ensure that the exhibited work(s) will not cause any injury to any person
10. Promote the Exhibition as an Open Exhibition of Head On Photo Festival in all promotion, print and online (with hyperlinks to ‘www.headon.org.au’)
    1. Use one image only from the exhibition in promotion unless otherwise agreed with Head On
    2. Include #headonphoto in all social media posts
    3. Inform Head On if you work with a PR person or team and provide Head On with their contact details
    4. Coordinate with Head On any publicity generated by the Exhibitor or anyone acting on their behalf
    5. Send any media releases and other publicity measures to Head On five days before intended distribution (Head On will notify their PR team so promotion is coordinated and stream-lined)
11. Grant Head On a non-exclusive irrevocable worldwide licence to reproduce, exhibit and publish the Exhibitor’s images at no charge for inclusion in Head On Photo Festival exhibitions, to be included in the Festival and/or exhibition catalogue(s) and publicity and promotion of the exhibition, Head On Photo Festival and Head On Foundation in print media for a period of five years from the date of first exhibition (and indefinitely as part of a reprint or digital copy of print media first published during the initial five years) at the discretion of the organisers
12. Grant Head On a non-exclusive irrevocable worldwide licence to reproduce the Exhibitor’s images at no charge for publicity and promotion of the exhibition, Head On Photo Festival and Head On Foundation in all electronic media for a period of five years from the date of the first exhibition (and indefinitely as historic posts or archive) at the discretion of the organisers including on Head On’s website, electronic communications and social media
13. Obtain written approval from Head On before finalising any third-party sponsorship arrangements in accordance with Head On’s sponsorship guidelines
14. Indemnify Head On Foundation Ltd and Head On Photo Festival for any possible loss or legal action against them

HEAD ON RESPONSIBILITIES

Head On will:

1. Create an exhibition webpage on www.headon.org.au with 10-12 images, an exhibition statement, an artist biography, and if applicable, venue details and exhibition dates
   1. The content from the webpage is used to create the content for the Festival catalogue
   2. Head On will select one of these images for the Festival catalogue
   3. Exhibitors who do not provide the information and/or images required to complete their webpage by the deadline (see key deadlines document) will not have their exhibition included in the Festival catalogue or published online
2. Host the exhibition webpage (www.headon.org.au) also available to the public post-festival
3. List the exhibition as part of Head On Photo Festival as a whole via:
   1. Head On Photo Festival website
   2. Head On Photo Festival 2023 catalogue
   3. On-line program/calendar/blog (www.headon.org.au)
   4. Other Head On Photo Festival channels strictly at Head On’s discretion
4. List approved artist talks in the on-line program/calendar/blog (www.headon.org.au)
5. Manage the design, production and distribution of the catalogue, webpages and website
6. Provide Helpdesk
7. Provide a list of service providers providing a discount to Head On Photo Festival exhibitors e.g. printers, framers
8. Promote Head On Photo Festival as a whole through Head On channels
9. Manage any sales of artwork generated from the exhibition webpage according to an agreement to be negotiated between the Exhibitor and Head On if the need should arise

(NOTE: We cannot guarantee the amount of media and/or public interest in the exhibitions)

USE OF HEAD ON LOGO

1. The Head On Photo Festival and Head On Foundation logos will be provided to exhibitors and should be placed in:
   1. The printed exhibition statement (if not provided by Head On)
   2. Invitations, online and printed (if produced)
   3. Room notes, postcards, posters etc. if produced
   4. Other promotion through Exhibitor’s channels, including website, newsletters, blogs and social media
2. The Exhibitor must submit proposed marketing material, including logo placements, to Head On for approval ten business days before the planned distribution

SPONSORSHIP

The Exhibitor can apply for in-kind and/or cash sponsorship from third parties if they:

1. Obtain Head On’s Sponsorship Policy (available on request from Head On)
2. Submit a Sponsorship proposal and have it approved before proceeding
3. Without a Head On approved sponsorship proposal, the Exhibitor cannot:
   1. Refer to Head On or Head On Photo Festival in any discussions with, or in documents distributed to potential sponsors
   2. Offer benefits related to Head On to sponsor
   3. Represent Head On or be perceived to represent Head On;
   4. Use Head On’s logo anywhere, or in any form, without the approval of Head On

COPYRIGHT

1. The Exhibitor shall retain copyright in all their exhibited artworks
2. Head On will have the right in perpetuity to:
   1. Document exhibitions
   2. Use Exhibitor’s images in Head On collateral, on Head On’s website and to promote the Festival and Head On Foundation in print and online

INSURANCE AND LIABILITY

1. It is the Exhibitor’s responsibility to insure artwork(s) for loss or damage. Head On shall not be responsible for any loss or damage to artworks included in Open Exhibitions howsoever caused

TERMINATION

1. These Terms and Conditions will no longer apply if the Exhibitor does not proceed with an exhibition at Head On Photo Festival 2023 or notifies Head On in writing by the applicable due date (see key dates document)
2. Head On reserves the right to terminate this agreement and exclude or remove from the 2023 Festival any Exhibitor (and their exhibitions) who has submitted false information or who does not comply with all Terms and Conditions set out by Head On

DISPUTES

1. In the event of any dispute arising between, the parties will endeavour to resolves these through negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique
2. If the dispute is not resolved by such agreement within fourteen (14) days of written notice by one party to the other of the dispute, either party may refer the dispute to arbitration
3. Any expenses associated with the arbitration will be shared equally by both parties

CREATION OF WORK

1. By agreeing to exhibit at Head On Photo Festival 2023, you confirm to Head On that you are the Creator and owner of the work or legally represent the Creator and owner of the work, that the Creator of the work has the permission of the subject or, where appropriate the subject’s parent or guardian, that the work does not infringe copyright, or Indigenous cultural and intellectual property, the image was not taken in circumstances of trespass or invading anyone’s legal right of privacy, confidentiality, breach of industrial law or applicable industry code and does not to the best of your knowledge defame anyone nor was the Creator’s conduct in taking the image likely to be misleading or deceptive and that you agree with the these Terms & Conditions
2. AI computer generated images will not be accepted. If requested, Exhibitors must provide original RAW files and film to Head On to verify image authenticity
3. Exhibitors may enter images that will be part of an exhibition at Head On Photo Festival 2023 into the Head On Photo Awards

The Exhibitor confirms they have read and agree to abide by all terms and conditions outlined.

Note: In the circumstance of a group exhibition, the nominated contact person will sign on behalf of all group participants.

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Document name: Open program exhibitor 2023 Terms and Conditions

Unique Document ID: 08941b3fde299dd5e0b0dc6aac69b7562d171cc7

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Timestamp	Audit
2023-06-15 4:14 pm AEST	Open program exhibitor 2023 Terms and Conditions Uploaded by Stephen Godfrey - [email protected] IP 2001:8003:2422:3500:71c8:f163:5368:ee43
2023-06-15 4:34 pm AEST	Saskia - [email protected] added by Stephen Godfrey - [email protected] as a CC'd Recipient Ip: 2001:8003:2422:3500:71c8:f163:5368:ee43
2023-06-15 4:38 pm AEST	Saskia - [email protected] added by Stephen Godfrey - [email protected] as a CC'd Recipient Ip: 2001:8003:2422:3500:71c8:f163:5368:ee43
2023-06-15 4:40 pm AEST	Saskia - [email protected] added by Stephen Godfrey - [email protected] as a CC'd Recipient Ip: 2001:8003:2422:3500:71c8:f163:5368:ee43

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https://headon.org.au/

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