Collaboration Agreement-T&C

This is a collaboration formed by the Producer and the Collaborators on eightstock.com. The following parties have agreed to the terms and conditions stated below and shall abide to the same.

Producer:
Name:
ID or Passport No:
Address:
Earning Percentage (%):
Years Entitled:

Collaborator / Uploader
Name:
ID or Passport No:
Address:
Earning Percentage (%):
Years Entitled:
Role:
Title:

COLLABORATION AGREEMENT

By entering into this Collaboration, I warrant that I am 18 years old and above and have the legal capacity to enter into this agreement in my own name.

The Terms and Conditions of a collaboration governing all parties are as follows:

There are THREE roles in a collaboration as explained below:-

1. Producer – The person who initiated the collaboration and automatically holds the administrator position (“Admin”).

2. Collaborator – Every party who is involved in the collaboration of a project invited by the Producer from the collaborator list to collaborate on a project and may be offered a percentage of earnings from the project content sales for a set number of years as commission.

3. Uploader – The Producer or any of the Collaborators involved in the project, who is authorised by the Producer to upload the content derived from the collaboration on to the website https://www.eightstock.com/ (known as “Website”).

A. Terms and Conditions Applicable to All Parties in the Collaboration

1. All parties hereto agree to irrevocably assign any rights they may have over any photographic, film, video, vector, illustrations and other media content derived from a project (known as “Contents”) including any intellectual proprietary rights or copyrights, artwork and design to the Producer who is the sole copyright owner of the Contents. By assigning all their rights to the Contents to the Producer, the Collaborators also give the Producer the right to modify the Contents in any way or by any means including creating derivative works and such other variations in accordance with the terms herein. The rights herein given to the Producer is perpetual and worldwide and notwithstanding if any of the Collaborators’ account is closed or terminated the rights shall remain with the Producer.

2. All parties hereto agree to allow the Collaboration System on the Website to divide and disburse the earnings from the sales of the Contents derived from the collaboration, based on the Earning Percentage (%) and Years Entitled mutually agreed by the Producer and respective Collaborator. The computation of the entitlement between the Producer and the Collaborators is calculated down to the nearest thousandth for example, any amount of 0.0012, the amount entitled will be 0.001, and any excess or balance from the entitled amount shall be for the benefit of the Producer.

3. The earnings from sales of the Contents will automatically be divided and disbursed by the Collaboration System to the Producer and Collaborators involved in a project.

4. All parties will be given access to the earnings dashboard on the Website to monitor the income derived from the sales of the Contents approved for sale on the Website.

5. The Producer has no right to make changes or take action on the following without the consent of the respective and/or all collaborators:-

Change the Earning %
Change the Years Entitled
Change the Role of Collaborators
To Remove Collaborator(s)
Delete Contents Derived from the Collaboration
Delete Collaboration Group

6. To make or take action on any of the changes mentioned above in item 5, the Producer is required to send a request to the Collaborator(s) involved to get their consent. The Collaborators have seven (7) days to respond or the request will be considered rejected and there will be no changes to the collaboration details. If the changes require the consent of all the collaborators (Delete Contents and Delete Collaboration Group), all the Collaborators must give their consent within the said seven (7) days. Even if one of the Collaborator doesn’t give his/her consent, the Producer won’t be able to take action and there shall be no changes.

7. At the end of the Collaborators entitled earning period, the Producer who is the sole copyright owner of the Contents is entitled to 100% of the earnings from the sale of the Contents and the Collaborators will have no further claims to any earnings from the project.

8. If a Collaborator leaves the collaboration group before his/her earning term ends, all his/her earnings will automatically be transferred to the Producer.

9. The Producer and Collaborators may utilise the Sample Agreement made available by United Gig Ltd on its Website, and the terms and conditions may be changed according to the agreed terms between the parties. However, United Gig Ltd will only recognise the Terms and Conditions of a collaboration as stated here and United Gig will not be liable for any disputes resulting from this.

10. All parties are advised to obtain such insurance coverage in protecting any damage to any property, injury or harm to any person arising from the Collaboration, at their own cost.

B. Producer Responsibilities/Entitlement

1. The Producer is the sole copyright owner of the Contents derived from the collaboration and is fully responsible for the Contents uploaded on to the Website whether by themselves or anyone appointed by the Producer to be the Uploader.

2. The Producer is responsible for all the releases and shall ensure that it is genuine and authentic, truthful and legal.

3. The Producer has registered or will register this Collaboration on the eightstock Collaboration System and will upload the Contents to the Site. The Collaborators acknowledge that the Contents uploaded are subject to the approval of United Gig to be made available for sale on the Website.

4. The Producer shall be responsible to upload or assign the Uploader to upload all the required Releases to the Website. The Producer shall keep and be responsible for all Releases and related documents connected to the Contents and shall provide them upon request by United Gig Ltd or when needed.

5. The Producer has the right to appoint or change the title of the Uploader without the consent of the Uploader. The Producer must ensure the Uploader complies with all the terms and conditions related to the duties of uploading content. Any breach by the Uploader of any such terms and conditions shall be deemed to be a breach by the Producer.

6. The Producer and whoever assigned to upload the Contents shall not upload, publish and distribute the Contents or any part thereof that is (or upload, publish and distribute any photos and/or videos that has been altered to being) pornographic, defamatory, offensive, considered as harassment, abusive or threatening others, politically endorsing, obscene, ethically or culturally offensive, indecent, sexually explicit, immoral, intrusive of privacy or illegal or in any manner which endorses violence, or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating websites or apps which is discriminatory towards race, gender, religion, faith or sexual orientation, or any other unlawful manner or may render the Collaborators and all parties to disrepute.

C. Collaborator Responsibilities/Entitlement

1. Each Collaborator warrant and represent that they have the capacity to enter into this Collaboration. The Collaborator is entitled to a share of the earnings from the sales of the Contents derived from the collaboration according to the Earning Percentage (%) and Years Entitled as mutually agreed by the Producer and respective Collaborators.

2. The Collaborators must agree to assign any rights they may have to the Contents derived from the collaboration to the Producer including the Releases required for the Contents to be leased for commercial use. The rights assigned will entitle the Producer the rights to modify the Contents in any way and by any means as the Producer may deem fit including creating derivative works and such other variation in accordance with the terms herein.

3. Each Collaborator is liable for and bear their own tax in their respective countries.

D. Uploader Responsibilities/Entitlement

1. An Uploader is the Producer or any one of the Collaborators in a collaboration that is authorised by the Producer to upload the Contents to the Website.

2. The Uploader is not authorised to upload any Contents derived from the collaboration or elsewhere except with the approval of the Producer. The Uploader shall be responsible for any Contents uploaded which is/are in violation of the terms and conditions herein.

3. All terms and conditions regarding any uploading of contents stated here and/or the Contributor Agreement are applicable to the Uploader and must be strictly adhered to.

E. Releases

The respective Collaborators hereby agree to the following applicable release(s). This clause shall be applicable despite the appointment of multiple roles of the Collaborators subsequent to the formation of a Collaboration, for eg, an art director may be appointed as a model after the formation of the Collaboration and in such situation, the release pertaining to a Model will be applicable and enforceable:-

1. Model (including minor)

a. The Model OR the parent/guardian of a minor, acting on behalf of the minor (if applicable) hereby irrevocably assign and releases all his/her copyright to the Contents and agrees that the copyright of all the Contents and other works created by the Producer and his/her team shall absolutely belong to the Producer. This release is worldwide and perpetual. The rights and assignment given by the Model shall remain valid and enforceable even if the collaboration or agreement is terminated for any reason. The Model hereby waive in favour of the Producer any and all rights to inspect and/or approve the Contents or the Producer’s use of the Contents. For greater certainty, the Model expressly agree that he/she will not enjoin, restrain or interfere with the Producer’s use of the Contents.

b. The Model OR the parent/guardian of a minor, acting on behalf of the minor (if applicable) further hereby release, discharge, and agree to hold harmless, indemnify and keep the Producer, the Producer’s heirs, personal or legal representatives, successors-in-title and assigns, and all persons acting under the Producer’s authority or those for whom he/she is acting indemnified, from and against any claim, action, proceedings, costs, expenses and liability whatsoever. The indemnity also extend to include any breach of agreement or contract, defamation, libel, false light, unfair competition, invasion of privacy and/or right of publicity claim, claim of moral rights of whatsoever nature, and personal and bodily related claims by virtue or arising out of or relating to any use in any manner of the Contents by the Producer or any element, changes or alterations made thereto and/or the shooting of the Contents.

2. Owner of Property (which include owners of any visual or artwork or derivatives or other tangible properties working in collaboration on the Contents)

a. The owner of the property hereby irrevocably releases all his/her/its copyright to the Contents and agrees that the copyright of all Contents and other works created by the Producer and his/her team shall absolutely belong to the Producer. This release is worldwide and perpetual. The rights and assignment given by the Owner shall remain valid and enforceable even if the collaboration or agreement is terminated for any reason. The owner of the property hereby waive in favour of the Producer any and all rights to inspect and/or approve the Contents or the Producer’s use of the Contents. For greater certainty, the owner of the property expressly agree that he/she/it will not enjoin, restrain or interfere with the Producer’s use of the Contents.

b. The owner of the property further hereby release, discharge, and agree to hold harmless, indemnify and keep the Producer, the Producer’s heirs, personal or legal representatives, successors-in-title and assigns, and all persons acting under the Producer’s authority or those for whom he/she is acting indemnified, from and against any claim, action, proceedings, costs, expenses and liability whatsoever. The indemnity also extend to include any breach of agreement or contract, defamation, libel, false light, unfair competition, invasion of privacy and/or right of publicity claim, claim of moral rights of whatsoever nature, and personal and bodily related claims by virtue or arising out of or relating to any use in any manner of the Contents by the Producer or any element, changes or alterations made thereto and/or the shooting of the Contents.

F. Breach By Any Parties

1. If there are any violations or breach of any terms and conditions stated here and also terms agreed to prior on the Website by any party involved in the collaboration, United Gig Ltd has the absolute right to remove any images or suspend or freeze their collaboration accounts on the Website or suspend such party from any activities in his/her account for a period that United Gig Ltd may deem fit and proper, until such violation or breach is rectified within the period specified by United Gig Ltd, and/or close the account of the Collaborator in breach or the collaboration account. In the case where a collaborator’s account is closed, all earnings derived from all the collaborations shall be given to the respective producer of each collaboration and United Gig Ltd is entitled to forfeit all other earnings in such account.

2. Should any fraud or misconduct be involved in obtaining the Releases by any party, such party will be held responsible for any losses/penalties and all legal consequences/actions resulting from the said fraud or misconduct. United Gig views this as a serious violation, and will be entitled to close the account of the Collaborator and forfeit all earnings derived from all the collaborations.

3. United Gig Ltd is not responsible for any additional terms and conditions not stated here and United Gig Ltd shall not be held responsible in any way whatsoever for any disputes resulting from this and it is up to the parties to resolve the matter among themselves.

4. The Producer and the Collaborators hereby expressly indemnify and keep United Gig Ltd indemnified of any claims, loss or damages consequential to any breach of the terms and conditions of this agreement including any claims by end users or members of United Gig and/or all the terms that they agreed to prior on the Website and/or any fraudulent act by any party hereto.

I acknowledge and confirm that I have read, understood and agree to the terms and conditions stated here.

You may send your queries, if any, to support@eightstock.com

Upon your acceptance of the terms and conditions here, you acknowledge and accept that all other terms and conditions pertaining to the use of the Website and all obligations herein are to be adhered to by all parties. Once a collaboration group is formed in the Collaboration System, United Gig will send this Agreement to every collaborator, and all obligations of each collaborator to United Gig shall be complied with and failure to do so shall allow United Gig to all its rights as if United Gig is a party of this agreement. United Gig shall not be held responsible or liable for any fraudulent act or consequences therefrom.

This is a computer generated agreement agreed by all parties shall form a valid and enforceable agreement with immediate effect. No signature is required.

Date: