Version 2026-04-30

Photographer Terms

These Photographer Terms apply to every photographer ("Photographer", "you") invited to or registered on La Momentum ("La Momentum", "we") and supplement the Terms of Use and the Privacy Policy. In case of conflict between documents, these Photographer Terms prevail for matters specific to photographer activity.

1. Eligibility and verification

You represent that you are legally able to license the Content you upload, that you are at least 18 years old, and that the personal, banking and tax information you provide is accurate and up-to-date. We may, at any time, request documentation to verify identity, ownership of work, releases or tax status; failure to comply allows us to suspend uploads, payouts and the account itself.

2. Content ownership and warranties

You represent and warrant that, for every Content item uploaded:

  • You are the sole author or you hold all rights necessary to license it on the Platform, including any copyright, neighboring rights and rights over collective works;
  • You have all necessary releases and consents from people, properties, trademarks, brands or venues depicted, when required by law;
  • The Content does not infringe third-party rights, is not defamatory, obscene, hateful or unlawful, and does not contain malware or hidden tracking;
  • The Content has not been generated wholly by AI in a way that misrepresents its authorship, unless explicitly disclosed and accepted by us in writing.

3. License granted to La Momentum

You grant La Momentum a worldwide, non-exclusive, royalty-free, sub-licensable license to host, store, transcode, watermark, display, promote, market, distribute and license your Content to end-customers on the Platform and on La Momentum's communication and marketing channels. The license terminates when the Content is removed from the catalog, except for (a) license rights already granted to paying customers, which remain valid; and (b) the records and copies we must retain to comply with law and to defend ourselves in disputes.

4. Pricing, commissions and payouts

We retain a commission on each license sold; the current commission rate applicable to your account is shown in the Photographer dashboard. Payouts are made in the currency and frequency described in the dashboard, subject to a minimum balance and to the validation of bank or PSP details. You are solely responsible for any taxes, contributions and bank fees applicable to your earnings, and you authorize us to withhold amounts where required by law, platform rules or chargebacks.

5. Refunds, chargebacks and clawbacks

Where we issue a refund, cancel a sale due to fraud, or have a chargeback against a transaction, the corresponding amount may be deducted from your payout balance, even after a previous payout has been issued. If your balance is insufficient, we may invoice the difference, set it off against future earnings, or pursue collection through any legal means.

6. Exclusivity, takedowns and brand use

Unless otherwise agreed in writing, your contribution is non-exclusive — you may license your Content elsewhere. However, you must not upload Content that you have already exclusively licensed to a third party in a way that conflicts with the rights granted here. You may request takedown of a specific item at any time; pending licenses remain valid for buyers who already paid. Use of the "La Momentum" name, logo or visual identity outside the Platform requires our prior written authorization.

7. Code of conduct

You commit to professional and respectful behavior toward customers, moderators and other photographers. Harassment, retaliation, circumvention of Platform fees (e.g. routing buyers off-platform), sale of unwatermarked originals outside La Momentum, manipulation of reviews or metadata, or any attempt to defraud customers will result in immediate suspension and may trigger civil and criminal liability.

8. Indemnification specific to photographers

You will defend, indemnify and hold harmless La Momentum and its owners, directors, employees, contractors, affiliates and licensors from and against any third-party claim arising out of (a) the Content you upload, (b) the breach of any representation or warranty in these Terms, (c) violation of releases, copyrights, image rights or trademark rights, or (d) tax claims related to your earnings. This obligation survives termination.

9. Audit and cooperation

Upon reasonable request, you will cooperate with us in defending third-party claims and providing documentation that proves your rights over the Content (releases, contracts, project logs).

10. Termination of photographer status

We may at any time and at our sole discretion downgrade, suspend, deactivate or terminate your Photographer status without any right to indemnification, with no obligation other than to settle the confirmed earnings due, less any clawbacks, refunds and amounts legally withholdable. Upon termination you cease to have the right to upload new Content; Content already sold remains licensed to the respective buyers.

11. Independent relationship

Nothing in these Terms creates an employment, agency, joint venture or partnership relationship between you and La Momentum. You operate as an independent professional and bear sole responsibility for your means, schedule, equipment and tax obligations.

12. Compliance

You will comply with all applicable laws, including (a) consumer protection rules, (b) image, copyright and neighboring rights laws, (c) data protection laws (LGPD/GDPR), and (d) anti-corruption, anti-fraud and sanctions regulations.

13. Changes

We may revise these Photographer Terms by updating the policy version. Continued upload, sale or use of payouts after the new version is in force constitutes acceptance.

14. Governing law and venue

These Photographer Terms are governed by the laws of Brazil. Any dispute will be brought exclusively before the courts of São Paulo, SP, Brazil, with waiver of any other forum, however privileged it may be.

15. Contact

Photographer support: contact@momentuimage.com.