Terms and conditions for the use of documents of the Arts Law Centre of Australia
The following Terms and Conditions for the Use of Documents of the Arts Law Centre of Australia (‘Terms and Conditions’) govern the use of any document (‘Document’) available from the Arts Law Centre of Australia (‘Arts Law’). By downloading, copying, or using the Document, you agree to these Terms and Conditions:
1. Arts Law owns copyright in the Document. All rights not expressly granted to you under these Terms and Conditions are exclusively reserved to Arts Law.
2. You agree not to use the Document except in accordance with these Terms and Conditions. Any use by you inconsistent with these Terms and Conditions may constitute a breach of Arts Law’s rights, including its rights under the Copyright Act 1968 (Cth).
3. You must not provide any copy of the Document for use by any other person except in accordance with these Terms and Conditions.
4. The Document is based on the law as at the date specified in the copyright notice appearing on it. You acknowledge the need to seek legal advice as to any change to the law of Australia which may affect its operation in the intervening period. Arts Law is not responsible for notifying you of any change to the law which may apply to the Document after the date of the copyright notice.
5. If the Document is a Sample Agreement and you are not a legal professional, the following additional terms and conditions (‘Licence Agreement’) apply:
- In consideration of the licence fee paid by you and subject to these Terms and Conditions, Arts Law grants you a non-exclusive, non-transferable licence to download and copy the Sample Agreement, and to amend it and use it as a precedent to create an agreement suitable for your personal use. The agreement is one to which you are a contracting party.
- The Sample Agreement is licensed for your use only. You may not reproduce, transmit, sell, distribute, sub-license or otherwise make available copies of the Sample Agreement to any person as a precedent for use by them. You may provide such copies as are necessary to your legal advisors for the purpose of advising you whether the Document is suitable for your needs, and to the other parties with whom you are contracting. This Licence Agreement does not prevent you from making and providing copies of any signed agreement based on the Sample Agreement as are reasonably required for the purpose of your business, including to your financial, legal advisors and auditors, for the purposes of enforcement, as required by funding /grants agencies and otherwise as required by law.
- You must reproduce any copyright and licence notice that appears on the Sample Agreement on all permitted copies.
- Arts Law does not warrant the suitability of the Sample Agreement for your particular circumstances and recommends that you seek specific legal advice either from Arts Law’s document review service or a lawyer retained by you for that purpose. You acknowledge that the Sample Agreement is intended only as a standard precedent and that it may require substantial amendment.
- Arts Law is not responsible for any loss suffered as a result of any change to the wording of the Sample Agreement. To the extent permitted by law, Arts Law excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to any change to the wording of the Sample Agreement.
6. If the Document you have downloaded is a Sample Agreement and you are a legal professional, the following additional terms and conditions (‘Multiple Use Licence Agreement’) apply:
- In consideration of the licence fee paid by you and subject to these Terms and Conditions, Arts Law grants you a non-exclusive, non-transferable licence:
- to download and copy the Sample Agreement; and
- to amend and use the Sample Agreement as a precedent to create multiple agreements,
provided that you carry out business as a law firm in Australia and you provide such agreements to the firm’s clients in connection with the carrying out of that business.
- The Sample Agreement is licensed only for the use of the law firm of which you are a member at the time of entering into this Multiple Use Licence Agreement. You may not reproduce, transmit, sell, distribute, sub-license or otherwise make available copies of the Sample Agreement to any person who is not a member of the law firm as a precedent for use by them. This Multiple Use Licence Agreement does not prevent you from making and providing copies of the documents you have created based on the Sample Agreement as are reasonably required in the normal course of providing your law firm’s legal services including but not limited to your clients, their advisers and the parties with whom they are contracting and otherwise as required by law.
- Arts Law does not warrant the suitability of the Sample Agreement for the particular circumstances of your clients. You acknowledge that you are solely responsible for ensuring the legal efficacy and advising as to the suitability and operation of any document based on the Sample Agreement and prepared under this Multiple Use Licence Agreement. You acknowledge that the Sample Agreement is intended only as a standard precedent and that it may require substantial amendment.
- Arts Law is not responsible for any loss suffered as a result of any change to the wording of the Sample Agreement. To the extent permitted by law, Arts Law excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to of any change to the wording of the sample agreement.
7. If the Document you have downloaded is a Sample Agreement and you are an educational institutions or another organisation that does not fall under clause 6, the following additional terms and conditions apply:
- The Licence Agreement under clause 5 applies if you are using the Sample Agreement for you own purpose.
- If you intend to provide the Sample Agreement to third parties related to you, such as students, members of your organisation or clients for use in their own dealings with others, you must purchase one licence for each third party to whom you provide the Samples Agreement. The Licence Agreement under clause 5 governs each of those licences.
8. These Terms and Conditions are governed by the laws of the State of New South Wales and contain the entire agreement between Arts Law and you concerning the use by you of the Document. In the event any provision of these Terms and Conditions are held invalid or unenforceable, the remaining terms remain enforceable and unaffected.
Attention legal practitioners and commercial organisations
Arts Law’s sample agreements are produced with explanatory notes and sample wording for each clause. They have been created to assist low income creators and organisations in drafting contracts suitable for their needs.
Arts Law is a not for profit company which relies on income from the sale of its publications to continue to provide low cost advice, services and publications to Australian creators. Permission is therefore not granted for the distribution or reproduction of this agreement in whole or in part other than for use in the drafting of an agreement for the original purchaser. Organisations or individuals wishing to distribute copies of these publications are requested to contact Arts Law.
These sample agreements are protected by the intellectual property rights of Arts Law and have been priced for artists and arts organisations who are not able to afford other legal services.
If you are a legal practioner, law firm or commercial organisation which many profit from the purchase and use of these agreements, please consider making a donation to Arts Law. Also all legal practioner’s and law firms must purchase at the lawyer price when it is available.
Note: Please refer to Arts Laws’ Disclaimer before using any of the information contained on this page.