Expectations and Agreement

1 Vacant Assembly’s obligations
VACANT ASSEMBLY (VA) WILL:
a) Maintain public liability insurance for VA.
b) Ensure that the Studio is in a clean + set up upon commencement.
c) Ensure that the successful applicant has access to the Studio at all times during the term of the residency.
d) Ensure a VA representative will provide weekly support for the duration of residency.

VA reserves the right to terminate any residency if the resident acts/uses the studio for activities that would be detrimental to the business or the residents (this decision would require 1 x written warning and have the agreement of the residency partner).

2 Residents obligations
THE RESIDENT WILL:
a) Take out and maintain all necessary insurances including Professional Indemnity, Products and Public Liability and Personal Accident Insurance.
b) Return the Studio to the condition it was in at the commencement of the residency or will forfeit the Security Bond. Return of the Security Bond is dependent on the conditions outlined in clause 5e and clause 12.
c) Inform VA immediately of any breakage or damage to the studio, its fittings or fixtures. The resident is responsible for any damage or loss suffered by VA that is caused by the negligence of the resident and is responsible for any costs associated with repairs.
d) Negotiate timing of events (e.g. artist talk event, workshops, exhibition etc) with VA staff to ensure they occur at appropriate times.

3 Installation
a) The Occupy Studio has established display, hanging/fixture systems for all surfaces (including timber, and painted concrete block). There is no gallery rail. Various display equipment is available including tables, shelves, hooks, display stands and plinths.
b) The installation, hanging and de-installing of artwork/products/display is the responsibility of the resident. The resident agrees to discuss display requirements and plans with VA Staff prior to any formal installation.
c) The resident agrees to consult with Vacant Assembly before using any equipment and shall not alter any permanent fixtures in the space provided by Vacant Assembly. The resident agrees to consult with Vacant Assembly before bringing in or using any potentially damaging equipment or materials.
d) Where and when prearranged, Vacant Assembly may agree to assist the resident with advice and /or the installation, hanging and / or demounting of the display.
 e) Vacant Assembly has the right to withdraw work from Occupy resdiency if the work is obscene, defamatory, or discriminatory, or involves a breach of copyright or other rights.

4 Access
a) The key and/or access will only be granted if all residency/ bond payments have been received into Vacant Assembly's bank account.
b) The resident will be provided with a key on the morning of the commencement of their residency (or prior by arrangement) and is to be returned on completion of the residency period.
c) It is the responsibility of the resident to prevent patrons accessing the private studios during the residency period.

5 Payment Requirements and Timing
a) Access will not be provided until the full residency amount plus the Bond / Deposit has been received.
b) Vacant Assembly has no obligation to proceed with the Occupy Residency if the full rental amount plus Bond / Deposit have not been received by the due date.
c) The balance must be paid twoweeks before the start of the residency.
d) The Bond / Deposit of $500 is refundable after the end of the rental when:

• The Occupy Studio is left thoroughly clean and in original condition

• All screws, wall plugs and other fixings have been removed and repaired

• After any restitution has been made for any damages that may have occurred to the studio and the studio key is returned. 

6 Termination
a) If either party is in breach of their obligations under clauses 1 and 2, the other party may give the party at fault written notice of the breach and give 7 days within which to remedy the said breach. If the breach remains unresolved the agreement may be terminated (this decision will be made through conversation and agreement with all Occupy funders/ partners).

7 Sales
a) The resident is solely responsible for the handling of sales and collection of payments. VA will take no commission on sales.
b) It is the responsibility of the resident to distribute sold work/s.
c) The responsibility for insurance, packing and transport to and from the Venue will be borne by the resident.

8 Marketing and Promotion
a) It is expected that Hirer/s make all efforts in pursuit of publicity for their project.
b) Vacant Assembly agrees to promote the residents’ term on the Vacant Assembly’s website, and Instagram.  As such, it is the residents’ responsibility to supply Vacant Assembly with:

• A minimum of two (2) high quality Jpeg images (a portrait and example of work).

• The relevant information of the applicant (bio)will be required prior to the residency commencement date

c) When promoting the event, the resident agrees to include ‘Vacant Assembly Occupy Residency’ and name of residency Partner in written or digital communications.

 9 Documentation of the Project
a) For their own records Vacant Assembly & partners may document the Occupy residency and use these images for promotional purposes.
b) The resident is also responsible for their own documentation.

10 Copyright
The copyright in each work shall remain the property of the resident.

11 Insurance and Liability for Loss, Theft, Damage, Fire & Perils
Vacant Assembly agrees to take utmost care in handling and displaying all artwork(s) and/or products but shall not be responsible for any loss or damage, however caused. It is the Residents’ responsibility to insure artworks for loss or damage and to ensure they have appropriate Public Liability Insurance to cover their own activities.

12 Public Safety
The resident agrees to take all measures necessary to ensure that their Project will not cause or potentially cause any injury to any person. Vacant Assembly shall direct alterations to the way in which the residency is installed or conducted, if, in Vacant Assembly’s opinion, risk to visitors exists.

13 Storage
a) There are no storage facilities at The Venue. All packaging, extra stock etc. must be stored within the Occupy Studio.
b) The venue is not responsible for any work or equipment left behind after the Project and any items left behind after a period of two weeks become the property of Vacant Assembly (unless otherwise agreed upon.

 14 Beverage/Food/Smoking
a) A policy of No Smoking exists within the premises.
b) The venue is not licensed to sell alcohol, BYO is welcome. All alcohol must be supplied free of charge and consumed within the property.
d) It is the responsibility of the resident to manage the responsible service of alcohol in accordance with VA guidelines.

15 Entire agreement
This agreement constitutes the entire agreement between the parties and may be amended only in writing.

16 Jurisdiction
This agreement will be constituted in accordance with the laws of Queensland, Australia. 

17 Mediation
The parties will submit any dispute, which arises out of this agreement to the rules of the SIGNED FOR AND ON BEHALF Arts Law Mediation Service, a program of the Arts Law Centre of Australia, before having the resident: recourse to arbitration or litigation.