RULES + LICENSE TO USE

Although we no longer accept submissions of photographs of trunks and ground cover and have completed all interviews, we have retained certain RULES, as noted below, to outline the parameters for TFCG (sometimes called the “Initiative”) participation. We would be happy to provide a copy of the full content to anyone who wishes to review it. Please email us, and we will send you a copy.

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Please note that everyone who participated in TFCG gave free, prior, and informed consent to doing so. I avoided obtaining written consent, which is inconsistent with Indigenous oral traditions, tends to undermine trust, and disrupts the creation of a welcoming, open, and safe environment. Further, the Rules developed for and applied to TFCG focused on those providing photographs of trunks and, by implication, ground cover, though many of those Rules also applied to all participants (e.g., Canadian citizenship).

 

In addition to obtaining informed consent, we kept participants updated on progress throughout the Initiative, provided opportunities for comment, and offered everyone the opportunity to withdraw at any time. We are pleased to advise that no one withdrew.

 

We also retained the right to waive the application of the Rules in certain circumstances, where doing so did not undermine the integrity of TFCG. For example, while participants had to be at least eighteen years of age, we waived that requirement if parental consent was provided. And we allowed participants to submit more than the maximum of 5 images.

 

Finally, our apologies, but we retained some of the overly “legal” provisions in the Rules in the summary below.   

 

THESE RULES (the “Rules”) ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE INITIATIVE FOR PHOTOGRAPHERS. THE RULES SHALL BE CONSTRUED AND INTERPRETED UNDER APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THE INITIATIVE CONSTITUTES ACCEPTANCE OF THESE RULES. 

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ELIGIBILITY

To be eligible to participate, a photographer (the “Photographer”) must: (a) be a Canadian citizen or permanent resident of Canada and a resident of the province or territory where the tree or ground cover being submitted is located; (b) be eighteen years of age or older; and (c) have personally photographed the images and have sole ownership of the images submitted. ​​

 

SUBMISSION AND LICENSE TO USE ​ ​

TFCG recognizes, acknowledges and agrees that the Photographer is the first and sole owner of all copyright in all submitted and unedited images and, subject ot reasonable restrictions (e.g., not to duplicate Final Work Product as defined below), may use them for personal or professional purposes. 

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Photographers hereby irrevocably authorize TFCG and Jonathan Havelock to edit, alter, and copy the images submitted by such Photographer for the purpose of creating a tree or ground cover from such images (“Final Work Product”), and to use the Final Work Product in any way they deem appropriate for the Initiative. The Photographer waives the right to inspect or approve the Final Work Product and any associated materials, including printed and electronic copies. 

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The Photographer recognizes, acknowledges and agrees that TFCG is: 

1. entitled to edit, modify, change and alter the Photographer’s images so submitted to create the Final Work Product without the Photographer’s consent, whether written or otherwise;

2. the sole owner of the Final Work Product and all associated copyright;

3. entitled to assign and transfer its rights hereunder to its successors; and

4. entitled to copy, exhibit, publish or distribute the Final Work Product for the purposes of the Initiative. 

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RECOGNITION AND COMPENSATION

Photographers will be appropriately recognized as having photographed the original images comprising the Final Work Product; provided that any such images in the possession of TFCG will not be retained by TFCG after processing. 

 

Photographers will be provided with a low-resolution copy of the Final Work Product, comprising the images they submitted, for the purposes of promoting their selection for and participation in the Initiative.  

 

TFCG intends to make 10 single images of each tree or ground cover image accepted into the Initiative available for sale to the general public. Each Photographer shall have a right of first refusal to purchase up to 5 of their images comprising the Final Work Product.

 

Photographers will be compensated in a number of ways, including: 

1. a proportionate share of  ​7% of all revenues generated by the exhibition;

2. a proportionate share of 15% of all revenues generated by the sale of the entire exhibition;

3. 10% of all revenues generated by the sale of a Photographer’s trunk or ground cover image; 

4. a proportionate share of 10% of all revenues generated through the sale of a grouping of trunks or ground cover in which that Photographer has one or more images;

5. for those whose portrait or that of a family member was used in The Spirit Circle component of the Initiative, 5% of the sales price of each trunk image sold incorporating that portrait (available only once per family), whether as a single sale or part of a group,​ and a proportionate share of revenues as noted in 1 and 2 above

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All other revenues, including sponsorship revenues, donations, revenues generated independent of the installation (e.g., book sales prior to or not made through the retail outlet at the installation), government grants and similar revenues will not form part of the monies available for sharing with Photographers.

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AGREEMENT TO RULES

By submitting images to TFCG to be considered for inclusion in the Initiative the Photographer hereby agrees to be bound by, and will comply with, the Rules.
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RELEASE AND LIMITATION OF LIABILITY

These provisions essentially:

1. release TFCG from any and all liability for any loss, harm, damages, cost or expense of any kind to the Photographer arising out of the Photographer’s participation in the Initiative; and

2. limit TFCG's liability for any losses suffered by a Photographer for a variety of reasons, examples being losses suffered as a result of technical malfunctions, communications line failures, inability to complete the Initiative for any reason, etc.

 

CONDUCT

By participating in the Initiative, the Photographer agrees to be bound by these Rules. Photographers further agree to be bound by the decisions of TFCG, which shall be final and binding in all respects.

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PRIVACY/USE OF PERSONAL INFORMATION

By participating in the Initiative, the Photographer grants to TFCG the right to use his/her name, mailing address, telephone number, and email address for the purpose of administering the Initiative, including disclosing the same to third party agents and service providers of TFCG in connection with such administration. 

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INTELLECTUAL PROPERTY

Subject to the Photographer’s ownership of any images selected prior to editing, all Final Work Product, intellectual property, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations relating to the Initiative are owned by TFCG and/or their affiliates. All rights are reserved. 

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TERMINATION

TFCG reserves the right, in its sole discretion, to terminate the Initiative, in whole or in part, and/or modify, amend or suspend the Initiative, and/or the Rules in any way, at any time, for any reason without prior notice.

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