Equal Opportunity to be a Dictator T&Cs

TERMS AND CONDITIONS FOR PARTICIPATION OF THE ARTWORK IS MADE BETWEEN:

DANIELLE FREAKLEY (THE ARTIST, YOU) in INTERACTIVE ARTWORK “EQUAL OPPORTUNITY TO BE A DICTATOR” (ARTWORK) located in ART GALLERY OF WESTERN AUSTRALIA.

AND

THE PARTICIPANT (I, MYSELF).

1. Booking
   I am booking my participation in the artwork “Equal Opportunity to be a Dictator” at Art Gallery of Western Australia 2021- 2022.
   In participating in this artwork I am free to ask others to say things to me in conversation on the microphones in the artwork and I too may say things others have asked me to say, on the microphones in conversation.
   What I choose to say or not say is at my discretion within the parameters of the project.
   
2. Fees
   1. You will not be charged a ticket-price to participate this interactive artwork. Participation at Art Gallery of Western Australia in this artwork is free.
   2. You are not entitled to any payments for your participation.
3. Completed Induction
   I confirm that I will watch the full induction video before participating, so I understand what my participation involves within this artwork. Further, if I am still unsure, I can ask an invigilator attending the artwork on the day for any further explanation and help at any point before or during participation so I am clear on how participation takes place.
4. Recording
   I (as a participant) authorise You (artist Danielle Freakley) to:
   1. Take documentation of my participation in the artwork through video, audio, photography and text transcribed from audio of me on while I am participating in the “Equal Opportunity to be a Dictator” interactive artwork at Art Gallery of Western Australia.
   2. Recordings of my participation may be omitted, edited, utilised for artistic or promotional purposes.
5. Rights
   1. I acknowledge that you own copyright with video/audio/photographic documentation taken in accordance with Clause 3, including without limitation, all copyright throughout the world concerning this recorded documentation.
   2. You can use the video/audio/photographs and text transcription of audio of me participating in your artwork in any lawful and reasonable manner and for any lawful and reasonable purpose, including (without limitation) promotion of your artwork or for future use as part of your artworks.
   3. I grant to the artist an irrevocable royalty-free licence to reproduce, communicate to the public, publish, adapt, edit, exhibit, profit from, combine such materials with other printed matter or any other media, including audio content, visual content, and audio visual content throughout the world in perpetuity (or at minimum the life of copyright), in all media now known or hereafter devised.
6. Name and Biography
   You will not use participants names in publications and produced recordings for privacy reasons except:
   Exception 1: if a participant or a third party tags themselves or mention the participation relation to this project in a social media post, media comment or other public or private forum, the artist will not be liable. The artist cannot control external third party tagging and mentioning.
   Exception 2: If the artist and participant has a separate agreement in writing that the participant’s name is to be used, then it can be.
7. Acknowledgements and Warranties
   You acknowledge and agree that:
8. the artist has no obligation to use the content they have obtained.
9. You are not entitled to any payments for your participation.
10. The content may be edited.
    You warrant that you have voluntarily entered into this Agreement and decided to contribute to and participate in the content.
11. Permissions
    Art Gallery of Western Australia (hosting institution) allows the artist (Danielle Freakley) permission to document me (the participant) interacting within her artwork. Art Gallery of Western Australia acknowledge that Danielle Freakley (the artist) retains the copyright of this video/audio/photographic documentation.
12. Indemnity
    You will indemnify and defend the artist against claims, losses, liabilities and expenses (including legal expenses) that are a result of any breach of your obligations in clause 4 of this agreement.
13. Release
    I irrevocably release you (and Your licensees and assigns) from any liability now or in the future in connection with the use of any of the video/audio/photography with text transcriptions of audio embedded with this release.
14. General
    This is governed by the law in force in STATE OF WESTERN AUSTRALIA.