Acknowledgement of Country

BIFB Inc. acknowledges that we are meeting, creating and working on the traditional land of the Wadawurrung and and Dja Dja Wurrung People. We recognise and respect their cultural heritage beliefs and relationship with the land. We pay our respects to the Elders past, present and future.

Terms and conditions – Yellow Dot 2024

These terms and conditions (Rules) govern your entry to the Ballarat International Foto Biennale’s (BIFB) Yellow Dot 2024. By submitting your work online for BIFB’s Yellow Dot 2024, you (the Artist) are agreeing to all of the terms and conditions stated below.

RESPONSIBILITIES OF BIFB

BIFB agrees to:
1. If the Artist’s work is chosen to be part of Yellow Dot 2024, BIFB will print one copy of the digital file(s) chosen for either the exhibition in Ballarat, or the exhibition in Melbourne. In some cases, the Artist’s work will be sold at both venues, meaning there will be two prints of the file to be sold. The digital file will not be printed to be sold in any other capacity.
2. entry is free and BIFB will offer the Artists who are chosen to be part of Yellow Dot 2024, a complimentary 1-year Membership to BIFB. If the Artist chooses to opt-out, this must be indicated on the Artwork Submission Form, linked here: https://ballaratfoto.org/yellow-dot-artwork-submissions/
3. BIFB agrees to promote Yellow Dot 2024 via social media;
4. acknowledge the Artist in all publicity for Yellow Dot 2024 and, where any of the Artist’s work is reproduced, to ensure so far as possible that such reproductions may be a true representation of the work;
5. not provide the Artist’s contact details to third parties unless authorised in writing to do so;

RESPONSIBILITIES OF THE ARTIST

The Artist agrees to:
6. permit BIFB to exhibit their work in the Yellow Dot 2024 exhibition(s) for the full term of Yellow Dot 2024, unless otherwise agreed to by BIFB;
7. donate 100% of the sale price BIFB, and acknowledge that donating the digital file to print is for the purpose of contributing financial support for the BIFB
8. provide BIFB with the following material by Monday 20 May 2024 unless otherwise agreed to by BIFB;
i) one or two high-resolution images of your work (300dpi) in JPEG format;
ii) image captions for all images provided, that include artist’s name, title, and year completed;
iii) image file names should be labeled in the following format: artistname_title_year’. ie: ‘JohnSmith_Untitled1_2023.jpeg’
9. advise BIFB if work involves any material that may be deemed offensive/controversial and/or is for mature audiences
10. permit BIFB to display their work online at ballaratfoto.org and BIFB’s social media to promote the Yellow Dot 2024 exhibition for the full term of Yellow Dot 2024 unless otherwise agreed to by BIFB;
11. You acknowledge that prior to being advised on whether you have been selected as an exhibiting artist, your involvement will not be promoted on any websites, social media or print publications.

JOINT RESPONSIBILITIES

Both parties shall:
12. endeavor to work cooperatively, communicating in an appropriate manner;
13. provide forewarning and enter into conciliation discussions should misunderstanding or difficulties arise; and
14. promote the online exhibition publicly.

THE EVENT

The Yellow Dot events (Yellow Dot 2024):
15. includes the selected works submitted by the Artist;
16. will be one exhibition held in Ballarat, and one held in Melbourne. The chosen artists’ prints will be sold at one or both events. The location of the event venues will be confirmed by end May 2024 and the events will take place in June and/or July 2024. This information will be provided to selected artists.
17. BIFB will organise the printing, framing and installation of the selected works by the Artist for the Yellow Dot 2024, at BIFB’s expense; and in a consistent format and arrangement to be determined at the discretion of BIFB.
18. The display, wall texts, room sheets and signage for the Yellow Dot 2024 will be designed and produced by BIFB. Other than attributing the Artist for their selected work, the content of the wall texts and room sheets will be at the sole discretion of BIFB. For example, BIFB may or may not choose to include information about the Artist until after the Yellow Dot 2024 ticket sales have closed.
19. BIFB may also display reproductions of the selected works by the Artist in other locations and formats as part of Yellow Dot 2024 (for example, a screen projection or a poster).
20. BIFB can remove any or all of the selected works by the Artist from Yellow Dot 2024 at any time, in its absolute discretion.
21. All unsold works displayed in Yellow Dot 2024 will be available for collection from the event venue immediately after the fundraising event/s (in Ballarat and/or Melbourne). On request, BIFB will arrange for the return of the selected work to the Artist at the Artist’s expense, as well as freight insurance if requested, within six weeks of the Yellow Dot 2024 end date, this date will be determined by the event date once confirmed. Any works that remain uncollected or returned after this date will remain with BIFB for future fundraising efforts and be used to support new artwork commissions.

INTELLECTUAL PROPERTY

Use of content:
22. the Artist allows BIFB to use content (text and images) that has been supplied by the Artist and documented from Yellow Dot 2024 (quotes, photographs, videotapes, audio or digital recordings, etc.) for the following purposes: publications related to Yellow Dot 2024, the Artist, the Artist’s work (Exhibition catalogs, educational packet etc); promotions of Yellow Dot 2024, the Artist, the Artist’s work in print, online, via social media, electronic media or broadcast media, BIFB’s reporting, archival and preservation purposes
23. the Artist grants BIFB the right to copy, reproduce or edit these materials for the above-mentioned purposes and to use both full images and image details. BIFB agrees to acknowledge the Artist for any work used in the promotion of Yellow Dot 2024.
24. the content (text and images) that has been supplied to BIFB for Yellow Dot 2024 will only be used for and in accordance with Yellow Dot 2024, and nowhere else
25. if the Artist intends to create work or deal with work that includes or makes reference to Indigenous objects, knowledge or works, consideration should be made of Indigenous Cultural and Intellectual Property Rights (ICIP). Permission should be obtained by the traditional owners of the Indigenous heritage before using such material. The traditional owners should be consulted on how the community should be attributed, and allowed to approve how the material is used.
26. the Artist warrants that they are the owner of all Intellectual Property created in any work under this Agreement or is authorised to use any such Intellectual Property in accordance with this Agreement and agrees to indemnify BIFB for any breach of this warranty.
27. the Artist indemnifies BIFB against any claims of copyright infringement or defamation arising from the Artist’s work.
28. the Artist acknowledges that it will be impracticable for BIFB to prevent visitors to the Yellow Dot 2024 from taking photographs and videos of the works on display for personal and non-commercial use, and will not hold BIFB liable for such unauthorised photography and/or filming or for a visitor’s subsequent use of such photographs or footage for personal and non-commercial use.

OTHER TERMS AND CONDITIONS

29. You warrant and represent that you have the power and capacity to enter into and to grant the rights contemplated under this Agreement.
30. You acknowledge that these Rules may be changed and updated by us from time to time. Where a change is made to these Rules, we will publish the updated Rules on our website. You understand and agree that by submitting your entry, you consent to these Rules and any changes or updates to these Rules.
31. To the maximum extent permitted by law and except for the express written terms in these Rules, all other express or implied terms, conditions, warranties, statements, assurances, and representations made by BIFB in relation to Yellow Dot 2024 or these Rules are expressly excluded.
32. These Rules are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
33. By submitting work to the Yellow Dot 2024 you agree to be bound by these Rules.

Last Updated: 10 April 2024