Photographer Agreement

01Role of PixoProof

PixoProof provides a technology platform that enables Photographers to upload, organise, deliver and manage private photo galleries and related services. PixoProof acts solely as a technology platform provider. It is not a photographer, publisher, content owner, licensing agency, or a party to any contract, transaction, dispute, payment arrangement or relationship between you and your Clients, and has no responsibility for the quality, legality, accuracy, ownership or content of any photographs, galleries or services you provide to Clients.

02Ownership of content

You retain all ownership rights in the photographs, images and other content you upload (“Content”). PixoProof does not claim ownership of your Content.

By uploading Content, you grant PixoProof a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, process, resize, display, deliver, transmit, watermark, back up and otherwise use the Content solely as necessary to operate, provide, improve and secure the Services.

03Photographer warranties and representations

You represent, warrant and covenant that:

• you own or have obtained all necessary rights, licences and permissions to upload the Content and to grant the licence in this Agreement;
• you have obtained all required model releases, property releases, client permissions, parental consents and guardian consents before uploading any Content;
• the Content does not infringe any copyright, trademark, privacy right, publicity right or any other intellectual property or personal right of any third party;
• the Content does not violate any applicable law;
• you have the legal authority to enter into this Agreement and to bind any business entity you represent;
• you will comply with all applicable privacy, consumer protection, advertising and data protection laws in your dealings with Clients, including giving your Clients any privacy notice required where PixoProof processes their information on your behalf;
• you will not upload any content that constitutes child sexual exploitation or abuse material;
• you are solely responsible for the accuracy, legality and appropriateness of all Content you upload.

04Responsibility for consents and releases

You are solely responsible for obtaining, retaining and (where required) producing evidence of all model releases, property releases, parental consents and any other permissions necessary for the Content. PixoProof has no obligation to verify the existence, validity or adequacy of any releases or consents, and is not responsible for any claim arising from their absence.

Images of children and minors. You are solely responsible for ensuring that all legally required parental or guardian consents have been obtained before uploading images of minors. PixoProof does not verify parental authority, custody arrangements or consent documentation. See the Child Safety & Minor Protection Policy.

05Client relationships and disputes

You are solely responsible for all contracts, communications, deliveries, refunds, chargebacks and disputes with your Clients. PixoProof is not a party to any agreement between you and your Clients and has no liability arising from such relationships or disputes. Your Clients’ use of galleries is governed by the Client Gallery Terms.

06Mobile applications

PixoProof provides free mobile applications for iOS and Android that allow Clients to view galleries and submit photo selections. Photographers manage their galleries in the web application. The mobile applications are provided free of charge to Clients; you remain fully responsible for all Content you share with Clients through them; PixoProof has no additional responsibility or liability arising from Clients’ use of the apps; and use of the apps is also subject to the Terms of Service and the applicable App Store or Google Play terms.

07Acceptable use and content standards

You must comply with the Acceptable Use Policy and Terms of Service at all times. You must not upload illegal, infringing, defamatory or harmful content. PixoProof may remove Content or suspend or terminate your account if it reasonably believes the Content or your conduct violates this Agreement, the Terms of Service or applicable law.

08Indemnification

You agree to defend, indemnify and hold harmless PixoProof and its directors, officers, employees, contractors, affiliates and partners from and against any and all claims, demands, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: your Content; any claim that the Content infringes copyright, privacy, publicity or other rights; any failure to obtain required releases, consents or permissions; any privacy or data protection claim arising from your handling of Client information or Content; any defamation, harassment or other tort claim related to the Content or your conduct; any dispute between you and a Client or third party; your breach of this Agreement, the Terms of Service or any applicable law; or any claim arising from your use of the Services. This indemnity survives termination.

09Suspension and termination

PixoProof may suspend or terminate your account and remove Content immediately, with or without notice, if you breach this Agreement or if PixoProof reasonably believes your continued use creates legal, security, reputational or operational risk. On termination, your right to use the Services ceases and Content is deleted in accordance with the Security & Data Retention Policy. Provisions that by their nature should survive (including ownership, warranties, indemnification, limitation of liability and this clause) survive termination.

10Limitation of liability

The limitation of liability in the Terms of Service applies to this Agreement: to the maximum extent permitted by law, PixoProof’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the greater of the total fees paid by you to PixoProof in the twelve (12) months immediately preceding the claim and AUD 100. Nothing in this Agreement excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other mandatory applicable law.

11General

This Agreement is governed by the laws of Victoria, Australia. If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect. This Agreement, together with the Terms of Service, Privacy Policy and Data Processing Addendum, constitutes the entire agreement between you and PixoProof regarding your use of the Services as a Photographer. PixoProof may update this Agreement from time to time; the version number and “Last updated” date at the top show when the most recent changes were made.

12Contact

PixoProof · Email: [email protected] · Website: pixoproof.com

Version history: 1.0 (14 September 2026) first release. 1.1 (8 October 2026) aligned the liability cap with the Terms of Service, noted that photographers work in the web application, added the Client privacy-notice duty, and linked the related policies.