AGREEMENT
1. The Recorder must provide The Gardeners at no charge with a full set of all Recordings made by the Recorder pursuant to this Agreement, including all proof sheets, footage, sound recordings, DVDs and digital recording masters, within seven days of the date of completion of the production of such items.
2. The Recorder must ensure that the production of the Recordings does not disrupt the performer, performance, nor infringe upon the enjoyment of the performance by any member of the public. The Recorder must act in accordance with any directive from the staff of The Garden of Unearthly Delights.
3. The Gardeners grant the Recorder permission to access the interior of the Venue and to bring such equipment and personnel as are pre-approved in writing by The Gardeners into the Venue during the Approved Period only.
4. The Gardeners and the Recorder shall be jointly entitled to all rights, title and interest, including copyright, in the Recordings as tenants in common in equal shares.
5. Subject always to the parties obtaining all necessary licenses, clearances and permissions in relation to any underlying rights, third party copyright material and/or any other third party rights comprised in the Recordings:
i. each party shall have the right to use the Recordings for marketing, publicity and promotional purposes only throughout the world in all media whether now known or later devised for the full term of copyright in the Recordings;
ii. each party grants a license to use its fifty per cent share of rights in the Recordings pursuant to clause 5 to the other party for such marketing, publicity and promotional purposes only; and
iii. any other use including any commercial use of the Recordings by either party shall be subject to both parties’ prior written approval.
6. The Recorder shall ensure that all Recordings and all use and exploitation of the Recordings pursuant to this Agreement appropriately credit The Gardeners and such other accreditations as are reasonably required by The Gardeners and/or any artist or person appearing in the Recordings.
7. The Recorder acknowledges and agrees that all personal possessions and equipment brought into the Venue by the Recorder are done so at the Recorder’s risk and will at no time be the responsibility of The Gardeners.
8. The Recorder shall promptly notify The Gardeners of any damage to the Venue including any damage to any props, lighting, fixtures and furnishings, caused by the Recorder, its employees, agents or contractors and shall pay The Gardeners within seven days of receipt of a tax invoice the costs of repair of or compensation for any such damage.
9. The Recorder indemnifies and at all times agrees to indemnify The Gardeners from and against any and all costs, liability, damages, loss expenses, claims, actions or proceedings of any nature awarded against or incurred by The Gardeners arising from or concerning any breach, alleged breach or non-performance of the Recorder’s warranties, representations, undertakings or agreements contained in this Agreement.
10. This Agreement shall be construed in accordance with the laws of the State of Victoria.
11. Always request permission from Garden patrons prior to taking photographs. When dealing with children always ask their guardians for permission.
12. The Garden of Unearthly Delights is a licensed venue run by The Gardeners. Adelaide Fringe is a separate entity and therefore works from separate policies and procedures. Whilst in The Garden you must adhere to Garden staff direction and follow best practice.
13. If you come across an item or situation that seems untoward or you are concerned about please notify staff immediately.
14. Please provide us with a link to any images taken in The Garden (high res) along with the appropriate image credit in this file name format: GOUD24imagename_creditname
15. Please tag @thegardenofud using the hashtag #GOUD2024 when you post images, and where possible we will share your images.
16. Should you request to photograph inside a performance space please allow five business days for the Publicity team to seek approvals from artists, producers and tech staff. NB: this is only available for media outlets