Acceptance of Terms

By submitting an application and/or exhibiting work at the Festival Art Gallery (“the Art Alchemy”), the Artist agrees to be bound by these Terms and Conditions. Acceptance of selection into the Gallery constitutes a binding agreement.

Selection & Curation

All artworks are subject to selection by the Festival curatorial team.

• The Festival reserves the right to accept or decline any submission at its sole discretion.
• The Festival may curate the placement, grouping, and display of artworks to suit the overall exhibition design.

Artwork Delivery & Collection

• Artists are responsible for delivery and collection of all artworks either to the central location in Cape Town or to the venue itself.
• All works must be delivered securely wrapped and in a ready-to-install condition.
• If artwork is collected from the central Cape Town location it must be done no later than 5 days after the completion of the festival.

Installation Types: Static vs Live / Interactive Works

Static Installations

• Static works include all non-interactive artworks (paintings, prints, sculpture, photography, fixed installations).
• The Festival will determine final placement and mounting method.

Live / Interactive Installations

• Live or interactive works include performances, participatory pieces, evolving installations, projections, or works requiring ongoing input, maintenance, or activation.
• The Festival reserves the right to approve, limit, or terminate live activation if it poses any safety risk, causes disruption, or exceeds agreed parameters.
• Artists remain responsible for supervision and safe operation of their installation at all times.

Live installations that involve painting must not occur inside the Art Alchemy gallery but rather on the outside so as avoid damage to the tent.

Insurance, Risk & Damage

• Artists exhibit entirely at their own risk.
• The Festival does not provide insurance for loss, theft, vandalism, or accidental damage unless explicitly stated in writing.
• Artists are sadvised to arrange their own insurance for artworks, materials, and installations if need be.

Damage During Installation or Display

The Festival accepts no liability for damage to artworks arising from:

• installation or de-installation processes
• handling by staff, contractors, or approved installers
• environmental conditions (including weather, dust, humidity, wind, or crowd movement)
• festival-related activity, vibration, or movement
• Any artwork deemed fragile must be clearly declared in advance.

Damage to Venue or Third Parties

• Artists are liable for any damage caused by their artwork or installation to venue infrastructure, equipment, staff, or festival attendees.
• The Artist agrees to indemnify the Festival against any resulting claims, costs, or damages.

Installation & Display

• The Festival reserves the right to determine installation methods, display positioning, and lighting.
• No changes to display setup may be made without approval from the Gallery coordinator.
• Works must comply with all safety regulations and must not pose a hazard to visitors or staff.

Artwork Restrictions

The Festival reserves the right to refuse or remove any artwork that:

• is unsafe or structurally unsuitable
• contains offensive, discriminatory, or unlawful content
• interferes with the festival experience or safety protocols
• poses electrical, fire, or physical risk

Copyright & Usage Rights

• Artists retain full copyright of their work.
• By exhibiting, Artists grant the Festival a non-exclusive, royalty-free licence to use images of the artwork for promotional purposes.
• The Festival will credit the Artist where reasonably possible

Liability

• The Festival, its organisers, employees, and contractors shall not be liable for any loss, damage, injury, or claim arising from participation in the Gallery, except in cases of proven negligence.
• The Artist indemnifies the Festival against any third-party claims arising from the artwork or installation.

Cancellations & Force Majeure

• The Festival reserves the right to cancel or alter the Gallery due to circumstances beyond its control, including but not limited to weather events, safety risks, regulatory restrictions, or force majeure.
• The Festival shall not be liable for any costs, losses, or damages incurred by the Artist in such cases.

Conduct

• Artists are expected to behave professionally and respectfully toward staff, other artists, and festival attendees.
• The Festival reserves the right to remove any Artist from the programme in the event of misconduct or breach of these terms.

Amendments

The Festival reserves the right to amend these Terms and Conditions at any time. Updates will be communicated in writing.

Agreement

By submitting work and/or participating in the Gallery, the Artist confirms they have read, understood, and agreed to these Terms and Conditions in full.