DOCUMENTARY FAMILY PHOTOGRAPHERS WORLDWIDE
EXHIBITION TERMS & CONDITIONS
These terms and conditions of use constitute an agreement between you (“the Photographer”) and Documentary Family Photographers Worldwide Ltd. (“DFP”, “the Organizer”, “we” OR “our”)
READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO YOUR SUBMISSION OR UPLOAD ANY IMAGE. BY SUBMITTING TO THE OPEN SUBMISSION YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CONTINUE YOUR SUBMISSION.
Definitions:
‘Exhibitor(s)’ means a photographer and a person who has booked and paid for an exhibition space at the DFP “Family: (un)expected” Arles, France Exhibit, 4-16 July, 2022
‘Fee’ means the payment to the Exhibit Organizers
‘the Exhibit’ means the DFP “Family: (un)expected” Arles, France Exhibition and/or any other names associated or affiliated with the Arles, France Exhibit
‘the Exhibit Organizers’ means Documentary Family Photographers Worldwide (DFP) and/or any other names associated or affiliated with the Exhibit
‘Goods’ means Photographs and/or any Photographic paraphernalia and/or any personal items or effects
‘Exhibit Catalogue’ means a printed and published catalogue/book of the Photographs exhibited at the DFP “Family: (un)expected” Arles Exhibit including the Exhibitor’s biography
‘Photograph(s) or Photographic’ means a photograph, image, picture including meta data, in any digital or analogue form including printed photographs and those stored on tape, CD, DVD, hard drive, disk, mobile device, file or database
‘the Venue’ means the place the exhibit will take place; 58, Rue du 4 Septembre, Arles, France
These Terms and Conditions are the terms and conditions that apply to the DFP “Family: (un)expected” Arles, France Exhibit unless otherwise expressly stated. By exhibiting and/or selling at the Exhibit, Exhibitors agree to be bound by these Terms and Conditions, and any other promotional material associated with the Exhibit.
ORGANIZER
DFP’s “Family: (un)expected” Arles, France Exhibition (“the Exhibition”, “the Exhibit”) being organized by Documentary Family Photographers Worldwide, Ltd. (DFP), with its registered office at address: Ground Floor, 71 Lower Baggot Street, Dublin D02 P593, Ireland.
a. The Exhibit Organizers reserve the right to cancel or amend the Exhibit or the Terms and Conditions. In the event of any cancellation or amendment, the Exhibitors will be notified within a reasonable time frame.
b. In the event that an Exhibitor cancels his/her place in the Exhibit, the Organizers are unable to offer a refund (in part or in full).
c. In the event that the Exhibit is canceled by the Organizers, the Organizers will refund the Exhibitor’s Fee (less administration costs) within a reasonable time frame.
d. In the event of any dispute regarding the Terms and Conditions, conduct, results, and all other matters relating to the Exhibit, the decision of the Exhibit Organizers shall be final and no correspondence or discussion shall be entered into.
e. The Exhibit Organizers may (at its sole discretion) edit or crop images and their decision is final.
f. The Exhibit Organizer will have the full and final say on how the Photographs are exhibited or displayed (unless expressly agreed otherwise).
g. The printing of the Exhibitor’s Photographs undertaken by the Organizers will be printed to a standard set by the Organizers and their decision is final.
h. The Exhibit Organizers cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Exhibitor exhibiting or selling at the Exhibit or with anything associated with the Exhibit. The Exhibit Organizers shall not be liable for death or personal injury as a result of its negligence or with anything associated with the Exhibit.
EXHIBITORS
a. Eligibility is open to photographers from anywhere in the world, at least 18 years of age.
b. By submitting your Photographs and biography to the Exhibit, you hereby warrant that all information submitted by you is true, current and complete. The Exhibit Organizers reserve the right to verify the eligibility of all Exhibitors.
c. The Exhibit Organizers reserve the right to disqualify any Exhibitor if it has reasonable grounds to believe the Exhibitor has breached any of the Terms and Conditions.
d. In the event that any Exhibitor is disqualified from the Exhibition, the Exhibit Organizers in its sole discretion may decide whether a replacement should be selected. In this event, any further Exhibitor will be selected on the same criteria as the original Exhibitor and will be subject to these Terms and Conditions.
e. The Exhibitor hereby agrees that the Exhibit Organizers (and third parties authorized by the Exhibit Organizers) may make any and all Photographs available on a website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Photographs may be made available with advertising and/or sponsorship.
f. By submitting Photographs, the Exhibitor consents for these to be used to help promote the Exhibit.
g. The Exhibit Organizers reserve the right to use the names of winners, their Photographs, and audio and/or visual recordings of them in any publicity (all Exhibitors will be credited where possible)
h. The Exhibitor’s image may be used in the DFP Gallery’s other exhibitions and/or collaborations. The Exhibitor will be notified by email with details of the exhibition and/or collaboration. The DFP Gallery’s standard Terms & Conditions will apply and you will retain the copyright to your image at all times.
i. Third Party Releases:
i. By submitting to the Exhibition, the Photographer declares that they have full authorization to enter the submitted image(s) and has the necessary model releases if needed for the image(s) to be shown publicly
ii. By submitting her/his/their image(s) for the Exhibition, the Photographer declares that she/he/they is the author of the image(s) and has all rights to the intellectual property related to the work. The Photographer declares that the submitted photograph(s) does not violate the rights of institutions and/or third parties, does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, and does not violate any person’s rights of privacy or publicity, in particular, all persons visible in the photograph(s), and that these persons consented to the use of their image in the Exhibition and their dissemination. In the absence of such consent, the Photographer assumes responsibility for all legitimate claims of these persons and institutions.
j. DFP reserves the right, in its sole discretion, to disqualify, void, or remove any photograph that does not comply with the following requirements, even after the photograph appears on the website or in the Exhibition. You warrant in respect of the photographs submitted by the Photographer as follows:
i. The Photographers is the creator of the photograph(s), owns the copyright to the photograph(s), and has the necessary approval to submit the photograph(s)
ii. To the best of the Photographer’s knowledge, the photograph(s) do not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, inflammatory, pornographic or profane content.
iii. To the best of the Photographer’s knowledge, the photograph(s) do not contain any material that could constitute or encourage conduct which would be a criminal offense, give rise to civil liability, or otherwise violate any law.
EXHIBIT FEES
a. A non-refundable Exhibit fee of 100 euros is to be paid upon agreement of participation.
b.The deadline to pay this fee is midnight 15 June 2022.
c. If you sell any images during the Exhibit, the Organizers rely on an honesty policy to receive their 30% commission.
USE OF IMAGE(S) / COPYRIGHT / LICENSE
a. Image Release for Publicity:
i. By submitting their image(s), the Photographer agrees that Documentary Family Photographers Worldwide Ltd. (DFP) and its affiliates may promote the Photographer’s work on its websites and social media networks, and grants DFP the right to use their submitted image(s) in promotional materials, including videos, emails, websites, blogs, and any other mediums.
ii. If the Photographer’s image(s) is selected, the Photographer agrees that DFP can distribute their image(s) to media organizations, sponsors, blogs, and publications for the purpose of promoting its exhibition, community, and the genre for editorial, non-commercial purposes. Such use will be restricted to promotion, publicity, news, or informational education or awareness usage of the DFP Community, directory, and exhibitions.
iii. Images used in this way will be credited to the Photographer whenever possible. Any photograph used by DFP shall carry a credit line. Any failure to provide such a credit line shall not be deemed to be a breach, as long as DFP uses its reasonable endeavors to rectify such failure within a reasonable period from the date of notice of such failure.
b. Image Release for Exhibition:
i. If the Photographer’s image(s) is selected, the Photographer agrees DFP can exhibit their photograph in the DFP “Family: (un)expected” Arles, France Exhibition for a length of time to be determined by DFP.
ii. If the Photographer’s image(s) is selected, the Photographer agrees DFP may exhibit their image in future travelling group gallery Exhibitions and/or screenings and projections at arts and photography festivals worldwide. DFP will always notify the owner of the photograph before such an inclusion is made. All photographers retain the copyright of her/his/their images, and proper credit line will be attributed to each individual photographer when exhibited or displayed anywhere by DFP.
c. Image Release for Exhibition Catalog & Book:
i. If the Photographer’s image(s) is selected to be included in the Exhibition, the Photographer grants DFP an irrevocable, royalty-free license to publish the image(s) in its Exhibition catalog, and potentially in the future, in a book.
ii. If the Photographer’s image(s) is selected for exhibition or publication in DFP’s catalog or book, DFP may ask the Photographer to submit a higher resolution image file.
d. Copyright:
i. DFP makes no claims to the image(s) copyright. At no point does DFP or its affiliates require Photographers to sign over the copyright of their work, and therefore Photographers retain all copyrights to their work at all times.
ii. By submitting her/his/their image(s), the Photographer is granting DFP a license to use the Photographer’s work as described in clause 5a, 5b, and 5c.
e. The Photographer acknowledges that DFP and its affiliates and event partners assume no responsibility and are not liable for any image misuse.
6. DATA PROTECTION / USE OF YOUR PERSONAL DATA / PRIVACY
By submitting to and / or participating in the Exhibition, the Photographer consents to authorize DFP to receive, review, process, and store her/his/their data which is used for the purpose of conducting and administering the Exhibition and which they transmitted by the submission form and / or provided via email. Photographers have the right to access, review, rectify or delete any personal data help by DFP by sending an email to the following address: documentaryfamilyphotographers@gmail.com.
Data relating to Exhibitors will be retained by the Exhibit Organizers for a reasonable period after the Exhibit closes to assist the Exhibit Organizers to operate Exhibits in a consistent manner and to deal with any queries on the Exhibit.
DFP assures to protect this data in accordance to data protection regulations, and will not use it for purposes other than what is stated here within the Terms & Conditions. Exceptions to this are, the first and last name as well as place of residence (only city, state, and country without street address), as well as biography, social media handles, websites, and any other information the Photographer provides to us and allows us to use.
The Photographer agrees that DFP can use their email address in order to be able to communicate with them in matters of the Exhibition.
7. GENERAL TERMS & CONDITIONS
a. Indemnification: The Photographer agrees to fully indemnify DFP in respect of all royalties, fees and any other monies owing to any person by reason of the Photographer breaching any of the foregoing.
b. Documentary Family Photographers Worldwide Ltd. assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any equipment or programming associated with or utilized in the Exhibition and DFP assumes no responsibility for technical, hardware or software of any kind, for lost network connections, garbled computer transmissions, or technical malfunctions, with regards to the Exhibition. DFP assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alternations of submissions. DFP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software, failure of any email addressed to DFP on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the Exhibition. If for any reason a Photographer’s photograph cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, DFP assumes no responsibility.
c. In no event will DFP, its members, event partners, affiliates or its officers, or employees, be responsible for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any Photographer’s or person’s access to and use of the website and participation in the Exhibition. Without limiting the generality of the foregoing, everything on the website is provided “as is” without warranty of any kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement
d. You waive any right to bring any claim against DFP on the grounds that its use of your images constitutes an infringing or otherwise unauthorized use under the laws of any jurisdiction in which your photographs are published under this license.
e. The Photographer agrees to participate in related publicity and to the use of their name and selected image(s) for the purpose of advertising, promotion, and publicity for DFP and the Exhibition without additional compensation. Such requests will not be unreasonably withheld.
f. By submitting to the Exhibition, the Photographer agrees to receive occasional emails from DFP, which they may unsubscribe from at any time.
g. By submitting images, the Photographer acknowledges that they have read and understand the terms and conditions of this submission and Exhibition.
h. The Exhibit and Terms and Conditions will be governed by Irish law and any disputes will be subject to the exclusive jurisdiction of the courts of Ireland.
By paying the Exhibit Fee you are deemed to have read, understand and agree to the Terms and Conditions