1. USER ACCEPTANCE

This document (the Artist Submission Terms) contains important legal terms which are additional to the Terms & Conditions relating to the use of the New West Theatre submission website (the Website) operated by New West Theatre for Arts in the Parks. These Artist Submission Terms apply to you if you submit art or performance proposals for consideration to be contracted and showcased by New West Theatre for Arts in the Parks. You are referred to in these Artist Submission Terms as the Artist or Group or as you.

You should read these Artist Submission Terms carefully, and we advise you to print and retain a copy for your reference.

By submitting your performance submission (Your Work) to the Website for consideration you accept these Artist Submission Terms. If you do not agree with these Artist Submission Terms then you must not submit Your Work to the Website.

These Artist Submission Terms and the Terms and Conditions relating to the use of the Website constitute the entire agreement between you and New West Theatre in relation to the initial submission of Performance Submission and they supersede all other agreements, statements, letters and other arrangements made between the parties. If Your Work is short listed for consideration as a featured performance or group for Arts in the Parks, you will also be required to sign a performance contract with additional terms which will confirm the basis upon which New West Theatre will be entitled to use your Work for a collaborative production.

These Artist Submission Terms and any matter arising out of the subject matter of these Artist Submission Terms shall be governed by Canadian law and you agree to submit to the non-exclusive jurisdiction of the courts of Canada.

2. OUR SERVICE

New West Theatre offers its services to groups, organizations and artists through the Website to enable and assist artists and groups who wish to participate in Arts in the Parks to build and manage an artist promotional channel and present and feature productions of their proposed production including theatrical performances, live music, mixed media, video installations, street art and other media (Artist Submissions).

On a periodical basis, a panel of selected specialists (Arts in the Parks Committee) and the Website users (New West Theatre Administration) select Artist Submissions (the Featured Artist Submissions) to be contracted for Arts in the Parks, with discretion on the Website and in New West Theatre offline partners, social media platforms, editorial pages and newsletters (subject to limitations of space, suitability and other editorial considerations).

New West Theatre accepts Artist Submissions for consideration by the New West Theatres Website on condition that the Artist Submissions comply with the representations and warranties set out in Section 4 of these Artist Submission Terms. Without prejudice to any other legal remedy that may be available to us, we reserve the right to reject any Artist Submission (either before or after it has been selected as a Featured Artist Submission) and remove it from the Website and any other publications or circulars, if we determine, at our sole discretion, that the Artist Submission fails to comply with those requirements.

New West Theatre expressly disclaims any and all liability in connection with Artist Submissions. New West Theatre reserves the right to remove any Artist Submissions from the Website and from the consideration process by the New West Theatre Artistic Staff, in its sole discretion and without prior notice (whether on the basis of a breach of warranty or obligation under these Artist Submission Terms or for any other reason). Further, New West Theatre reserves the right to terminate any user’s access to the Website at any time in its sole discretion and without prior notice.

Artists who, in the sole opinion of New West Theatre and Arts in the Parks, do not comply with these Artist Submission Terms, may at any time be excluded from consideration.

3. YOUR WARRANTIES

You hereby represent that:

1. You are the owner of the Artwork and any other material submitted to New West Theatre and Arts in the Parks, and that you have all the necessary rights, consents, and authorizations required to license the Performances according to these Terms.
2. The content of Your Performance Submission is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, or otherwise objectionable in relation to the subject matter covered by the Artwork or the campaign for which it is being submitted.
3. The content of the Artwork does not violate the privacy or publicity rights of any third party.
4. The content of the Artwork does not violate the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
5. That you are over the age of 13, or have the approval of a parent or legal guardian to submit the Artwork according to these Terms.

You agree to indemnify New West Theatre  and keep it indemnified on demand against any loss or liability arising to Arts in the Parks or any of its directors, officers, employees, affiliates or members of New West Theatre Curators out of the breach of any of the warranties above and against any breach of your obligations under these Artist Submission Terms.

You agree to notify us at info@newwesttheatre.com if any of the representations above is incorrect or misleading in any way. Your warranties under this Section 4 will be qualified in respect of any such notification that you give us providing it is fair and complete.

4. MISCELLANEOUS MATTERS

Intellectual Property

You acknowledge and agree that the words NEW WEST THEATRE and NEWWESTTHEATRE.COM and any other name, logo and sign used on the Website, as well as the design and layout and all content of the Website (including Featured Artist Submissions) are the trademarks, copyright and other intellectual property rights of New West Theatre and are owned solely by (or licensed to) New West Theatre. You shall not acquire any title, right or interest (including any user right) in any such intellectual property by reason of your submission of Performance Submission to the Website or by reason of its possible selection as a Featured Artist Submission. You acknowledge and agree that any use of our intellectual property is subject to our prior written consent.

If you become aware of any unauthorized use or misuse of Performance Submission or any actual or suspected infringements of the copyright in Your Work during the ninety (90) days consideration period or after Your Work has been selected as a Featured Artist Submission (each, an Unauthorized Use), you shall notify us forthwith in writing giving such particulars of such unauthorized Use as may be available in the circumstances. You shall not take or threaten any action or legal proceedings and shall not make any threats, complaints or statements to any third party in relation to such Unauthorized Use. New West Theatre in its sole and unfettered discretion, shall decide whether to take any action or make any threats or statements in relation to such Unauthorized Use. You agree to provide to New West Theatre (at your expense) such assistance, information and documentation as New West Theatre may reasonably require in connection with the enforcement of the rights assigned to New West Theatre under these Artist Submission Terms against any third party.

Termination

New West Theatre may terminate these Artist Submission Terms by giving you notice in writing (including by fax or email) upon any breach by you of any of the warranties or obligations under these Artist Submission Terms or any of the Terms and Conditions relating to the use of the Website. Termination of these Artist Submission Terms shall not affect any accrued rights or obligations of either party but shall release both New West Theatre and you from any further obligations hereunder.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL SERVICES PROVIDED BY NEW WEST THEATRE ARE “AS IS” AND NO WARRANTIES ARE PROVIDE. 

IN ADDITION TO THE DISCLAIMER IN THE WEBSITE TERMS OF SERVICE, NEW WEST THEATRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SALE OR DISTRIBUTION OF YOUR PERFORMANCE SUBMISSION DOCUMENTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT NEW WEST THEATRE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SALE AND PERFORMANCE OF YOUR PERFORMANCE SUBMISSION DOCUMENTS THROUGH THE WEBSITE.

NEW WEST THEATRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MODIFICATION OF THESE TERMS

New West Theatre reserves the right to amend or modify these Terms at any time or from time to time.  When these Terms are changed, you shall be given notice of the changes and directed to the page on our Website where the new Terms can be viewed.  Your acceptance of your fees after the production of the new Terms shall constitute your acceptance of the new Terms.  If you do not wish to accept the new Terms, your sole remedy shall be to withdraw Your Performance Submission Documents from the website.