Last Updated: 18/09/2026
IMPORTANT NOTICE
This Creative Contributor Agreement (“Agreement”) sets out the terms governing the engagement of photographers, videographers, stylists, editors, assistants, producers, designers and other creative contributors working with or contributing to an Erolos project, production, campaign, editorial, event or other creative activity (each, a “Project”).
This Agreement is intended to establish clear rules concerning creative services, intellectual property, ownership and licensing, delivery of materials, confidentiality, participant rights, portfolio use, conduct, brand protection and other matters arising from the Contributor’s involvement with Erolos.
Where a separate Project brief, fee agreement, statement of work or other written agreement has been expressly agreed between Erolos and the Contributor, that document may supplement or vary this Agreement to the extent expressly stated.
1.1. This Agreement is between:
(a) Erolos, being the relevant legal entity operating the Erolos brand and the applicable Project (“Erolos”, “we”, “us” or “our”); and
(b) the individual or organisation providing creative services or materials to Erolos (“Contributor”, “you” or “your”).
1.2. “Project” means the relevant Erolos photoshoot, production, campaign, editorial, event, publication, social media production, commercial activity or other creative project.
1.3. “Project Materials” means all photographs, video recordings, audio recordings, artwork, designs, graphics, edits, drafts, source files, raw files, footage, recordings, written material, concepts, layouts and other creative material created, captured, developed or supplied by the Contributor in connection with a Project.
1.4. “Final Materials” means Project Materials selected, edited, approved or otherwise designated by Erolos for publication, distribution or other use.
1.5. “Raw Materials” means original or substantially unedited photographs, video footage, audio recordings, source files, project files, working files, drafts, outtakes and other underlying production material.
1.6. “Pre-Existing Materials” means intellectual property, materials, templates, tools, techniques, software, designs, processes, know-how or other material owned or controlled by the Contributor before the relevant Project or developed independently of the Project.
1.7. “Erolos Content” means Project Materials and other creative material created, commissioned, acquired or controlled by or on behalf of Erolos.
2.1. The Contributor agrees to provide the creative services described in the applicable Project brief, written instructions, quotation, statement of work or other written agreement.
2.2. The Contributor will perform the agreed services with reasonable skill, care and professionalism appropriate to the nature of the services.
2.3. The Contributor will comply with reasonable Project instructions concerning deadlines, locations, technical requirements, participant safety, confidentiality and creative direction.
2.4. The Contributor must promptly notify Erolos of any circumstance that may materially affect their ability to complete the agreed services.
2.5. Unless expressly agreed otherwise, Erolos does not guarantee a minimum number of Projects, assignments, hours or future engagements.
3.1. Unless expressly agreed otherwise in writing, the Contributor is engaged as an independent contractor and not as an employee of Erolos.
3.2. Nothing in this Agreement creates a partnership, joint venture, employment relationship or agency relationship between Erolos and the Contributor.
3.3. The Contributor is responsible for their own tax, social insurance, registration, insurance and other obligations arising from their status, to the extent required by applicable law.
3.4. Nothing in this Agreement is intended to determine employment or tax status where applicable law requires a different legal classification based on the actual circumstances of the relationship.
4.1. Erolos may provide creative direction, references, concepts, styling requirements, technical specifications, deadlines and other Project instructions.
4.2. The Contributor is expected to use reasonable professional judgement when carrying out the agreed services.
4.3. Erolos may make reasonable changes to creative direction where required for the Project.
4.4. Material changes to the agreed scope of services or deliverables should, where reasonably practicable, be agreed between Erolos and the Contributor before additional work is undertaken.
5.1. The Contributor must deliver the agreed Project Materials within the timeframe reasonably specified by Erolos or agreed for the Project.
5.2. Unless otherwise agreed, delivery should include all materials reasonably required for Erolos to use, preserve and administer the Project.
5.3. Where the Project requires delivery of Raw Materials, the Contributor must provide the relevant raw or source files in a reasonably usable format.
5.4. The Contributor must not intentionally withhold Project Materials that Erolos is contractually entitled to receive.
5.5. Where technical problems, equipment failure or another circumstance prevents timely delivery, the Contributor must notify Erolos as soon as reasonably practicable.
5.6. Erolos may request reasonable corrections or completion of agreed deliverables where the original deliverables do not materially conform to the agreed Project brief.
6.1. Subject to applicable law and the provisions of this Agreement, the Contributor assigns to Erolos all transferable copyright and other transferable intellectual property rights in Project Materials created specifically for the Project and capable of being assigned.
6.2. The assignment is intended to include rights arising in the Project Materials now existing and, to the extent legally effective, rights arising in future.
6.3. The assignment includes the exclusive right to reproduce, publish, communicate, distribute, adapt, edit, commercialise, license, sublicense, archive and otherwise exploit the relevant Project Materials throughout the world for the full period permitted by law.
6.4. The Contributor agrees to execute any further documents reasonably required to give effect to the intended ownership and rights position.
6.5. The Contributor acknowledges that copyright ownership and rights relating to a person’s image, likeness, personal data or performance are separate legal matters. The Contributor must not represent to Erolos that they have acquired rights they do not legally possess.
7.1. The Contributor agrees that the assignment in Section 6 is intended to satisfy any applicable formal requirements for the transfer of copyright.
7.2. To the extent any transferable copyright or related right does not effectively vest in Erolos through the assignment, the Contributor grants Erolos an exclusive, worldwide, perpetual, royalty-free, transferable and sublicensable licence to exercise that right to the maximum extent legally permitted.
7.3. The licence includes the right to reproduce, distribute, communicate, display, perform, publish, edit, adapt, modify, commercialise, license, sublicense and otherwise exploit the relevant material.
7.4. Where a right cannot legally be assigned or exclusively licensed, the Contributor grants Erolos the broadest lawful permission available to use that right for the purposes of the Project and Erolos’s legitimate business activities.
8.1. Unless expressly agreed otherwise in writing, Erolos will have exclusive control over the exploitation of Project Materials following the transfer of rights described in this Agreement.
8.2. Erolos may use Project Materials for artistic, editorial, promotional, advertising, commercial, educational, archival and other legitimate purposes connected with Erolos.
8.3. Erolos may license or sublicense Project Materials to third parties where reasonably connected with an authorised Erolos purpose.
8.4. Such third parties may include publishers, media organisations, brands, sponsors, advertisers, agencies, production companies, platforms, distributors, venues and other commercial or creative partners.
8.5. The Contributor is not entitled to additional royalties or licensing payments solely because Erolos commercially exploits Project Materials unless such payment has been expressly agreed or is required by applicable law.
9.1. The Contributor acknowledges that applicable law may provide moral rights or similar rights in relation to their work.
9.2. To the extent legally permitted, the Contributor consents to reasonable editing, adaptation, cropping, colour correction, sequencing, combination and other modifications of Project Materials by or on behalf of Erolos.
9.3. To the extent legally permitted, the Contributor agrees not to assert any moral right in a manner that would prevent Erolos from exercising the rights expressly granted under this Agreement.
9.4. Where a formal written waiver of a moral right is legally effective and reasonably required, the Contributor agrees to provide such waiver to the extent permitted by law.
9.5. Nothing in this Section requires the Contributor to waive a right that cannot lawfully be waived.
9.6. Erolos may identify the Contributor by name, professional name or social media handle where reasonably appropriate, but credit is not guaranteed unless expressly agreed.
10.1. The Contributor retains ownership of their Pre-Existing Materials.
10.2. The Contributor must notify Erolos where Pre-Existing Materials are incorporated into Project Materials in a manner that materially affects Erolos’s intended use.
10.3. Where Pre-Existing Materials are incorporated into Project Materials and are reasonably necessary for Erolos to use the Project Materials as intended, the Contributor grants Erolos a worldwide, royalty-free, transferable and sublicensable licence to use those Pre-Existing Materials to the extent necessary for the relevant Project and authorised exploitation of the Project Materials.
10.4. The Contributor must not knowingly incorporate third-party material into a Project without informing Erolos and obtaining any permission reasonably required for the intended use.
11.1. Subject to this Agreement, the Contributor may use publicly released Project Materials for reasonable professional portfolio, website and social media purposes.
11.2. The Contributor must not publish or disclose unreleased Project Materials without Erolos’s prior written permission.
11.3. Portfolio use must not falsely imply that the Contributor owns Erolos’s intellectual property or operates as an authorised representative of Erolos.
11.4. The Contributor should provide reasonable credit to Erolos and relevant collaborators where practicable.
11.5. The Contributor must not commercially license, sell, sublicense or otherwise monetise Project Materials without Erolos’s prior written permission unless expressly permitted by a separate agreement.
11.6. Erolos may require removal of portfolio material where reasonably necessary to protect confidential information, participant privacy, contractual obligations, legal rights or legitimate commercial interests.
12.1. Where Raw Materials are part of the agreed deliverables, the Contributor must provide them in accordance with the agreed delivery requirements.
12.2. The Contributor must not intentionally delete, destroy or materially alter Raw Materials before the applicable delivery obligations have been completed unless Erolos has agreed otherwise.
12.3. Unless otherwise agreed, Erolos is not required to return Raw Materials after delivery.
12.4. Erolos may archive, edit, store or otherwise manage Raw Materials subject to applicable law and contractual obligations.
13.1. Erolos may determine which Project Materials are selected for publication or other use.
13.2. Erolos may crop, resize, retouch, colour-grade, edit, combine, sequence, add text or graphics to, or otherwise modify Project Materials.
13.3. The Contributor does not have a general right to approve Erolos’s final edits, captions, layouts, publication dates, advertising placements or other creative decisions unless expressly agreed in writing.
13.4. Erolos will not knowingly use Project Materials in a manner that creates a materially false representation of the Contributor for an unlawful, fraudulent or deliberately defamatory purpose.
14.1. The Contributor may use ordinary digital editing and production tools appropriate to the agreed services.
14.2. The Contributor must not upload confidential Erolos information, unreleased Project Materials or identifiable participant personal data to a third-party AI service where doing so would disclose that information to an unauthorised third party or breach applicable law or contractual obligations.
14.3. The Contributor must disclose any material use of generative AI or synthetic media in Project Materials where such use could materially affect the nature, originality, ownership or representation of the resulting work.
14.4. The Contributor must not use generative AI to create a synthetic representation of an identifiable participant without appropriate authority and any consent required by law.
14.5. The Contributor must not submit Erolos Content or confidential Project Materials to a general-purpose AI model for training purposes without Erolos’s prior written authorisation.
14.6. Erolos may use ordinary AI-assisted post-production tools where legally permitted and reasonably consistent with the Project and applicable participant permissions.
15.1. The Contributor must keep confidential any non-public information obtained through their work with Erolos.
15.2. Confidential information may include:
(a) unreleased photographs, footage or audio;
(b) campaign concepts;
(c) designs;
(d) products;
(e) event information;
(f) production plans;
(g) locations;
(h) participant information;
(i) business information;
(j) commercial arrangements; and
(k) other information reasonably understood to be confidential.
15.3. The Contributor must not publish, disclose, sell, distribute or otherwise make confidential information available to third parties without Erolos’s prior written permission.
15.4. These restrictions do not prevent disclosure required by law, lawful cooperation with authorities, obtaining professional legal advice or exercising a legally protected right.
15.5. Confidentiality obligations continue after the Project ends for as long as the relevant information remains confidential or otherwise protected by law or contract.
16.1. The Contributor may have access to photographs, names, contact information or other personal data relating to models, participants, staff or other individuals.
16.2. The Contributor must process such information only for legitimate Project purposes and in accordance with Erolos’s instructions and applicable data protection law.
16.3. The Contributor must not retain, copy, distribute or use participant personal data for unrelated purposes without appropriate authority.
16.4. The Contributor must notify Erolos promptly if they become aware of a suspected loss, unauthorised disclosure or other personal data breach involving Erolos-related information.
16.5. Where the Contributor processes personal data on Erolos’s behalf as a processor, the parties should enter into any additional data processing terms required by applicable law.
17.1. Erolos will seek appropriate consent and release documentation from models and participants where required.
17.2. The Contributor must not knowingly record or use a participant in a manner that materially exceeds the permissions or instructions provided by Erolos.
17.3. Where the Contributor becomes aware that a participant has not provided required consent or that a consent restriction may have been breached, the Contributor must notify Erolos promptly.
17.4. Nothing in this Agreement authorises the Contributor to obtain or represent that they have obtained rights on behalf of Erolos unless expressly authorised to do so.
18.1. The Contributor must behave professionally and respectfully towards participants, Project Personnel, venues and other collaborators.
18.2. The Contributor must comply with reasonable safety, safeguarding and production instructions.
18.3. The Contributor must not engage in harassment, discrimination, intimidation, violence, serious misconduct or other behaviour that creates an unacceptable risk to another person.
18.4. The Contributor must promptly report material safety, safeguarding or participant welfare concerns to Erolos.
18.5. Nothing in this Agreement prevents the Contributor from making a genuine complaint, reporting misconduct or exercising a legally protected right.
19.1. The Contributor is responsible for taking reasonable care of equipment and property they bring to a Project.
19.2. Where Erolos or a third party supplies equipment or property, the Contributor must use it reasonably and in accordance with applicable instructions.
19.3. The Contributor must not intentionally damage, misuse or remove Project property without permission.
19.4. The Contributor must comply with reasonable venue rules and location requirements.
19.5. The Contributor is not responsible for ordinary wear and tear or loss or damage outside their reasonable control.
20.1. Any fee, payment, reimbursement or other compensation payable to the Contributor will be governed by the applicable Project-specific agreement, quotation, invoice arrangement or written confirmation.
20.2. Where no payment has been expressly agreed, the Contributor acknowledges that Erolos is not required to provide additional compensation solely because Project Materials are subsequently used, subject to any mandatory legal entitlement.
20.3. Approved expenses should be agreed with Erolos in advance wherever reasonably practicable.
20.4. The Contributor is responsible for issuing any required invoices and complying with applicable tax and reporting obligations.
20.5. Nothing in this Agreement excludes any remuneration or other right that cannot lawfully be excluded under applicable law.
21.1. The Contributor represents that, to the best of their knowledge, Project Materials supplied by them will not knowingly infringe another person's copyright, trademark, design right, privacy right or other proprietary right.
21.2. The Contributor must disclose any third-party material incorporated into Project Materials.
21.3. Where the Contributor requires a third-party licence or permission for Erolos to use a material, the Contributor must inform Erolos before delivery.
21.4. The Contributor must not knowingly submit stolen, unlawfully obtained or unauthorised material as Project Materials.
22.1. To the extent permitted by law, the Contributor agrees to indemnify Erolos against losses, liabilities, damages, costs and reasonable expenses arising directly from:
(a) the Contributor’s material breach of this Agreement;
(b) the Contributor’s unlawful conduct in connection with the Project; or
(c) a third-party intellectual property claim arising directly from material knowingly supplied by the Contributor without the necessary rights or permissions.
22.2. The indemnity does not apply to the extent that the relevant loss was caused by Erolos’s own unlawful conduct, negligence or breach of its legal obligations.
22.3. Erolos should notify the Contributor of a material claim covered by this Section where reasonably practicable.
23.1. During a Project, the Contributor may obtain access to models, participants, clients, suppliers, venues or other contacts introduced or coordinated by Erolos.
23.2. The Contributor must not use confidential Erolos information to deliberately circumvent Erolos or interfere with an existing Erolos commercial or Project relationship.
23.3. Nothing in this Agreement prevents the Contributor from:
(a) carrying out independent creative work;
(b) accepting unsolicited work;
(c) maintaining pre-existing professional relationships; or
(d) engaging in ordinary work within the creative industry.
23.4. This Section is intended to protect Erolos’s legitimate confidential and commercial interests and is not intended to operate as a general industry-wide non-compete restriction.
24.1. The Contributor must not knowingly represent that they are an employee, officer, agent, spokesperson or authorised representative of Erolos unless expressly authorised.
24.2. The Contributor must not use Erolos’s name, logo, trademarks or branding in a manner that falsely implies sponsorship, endorsement, partnership or commercial affiliation.
24.3. The Contributor must not knowingly publish confidential information in a manner likely to materially damage Erolos’s legitimate commercial interests.
24.4. Nothing in this Section restricts lawful criticism, genuine reviews, whistleblowing, reporting of misconduct or other legally protected expression.
25.1. The Contributor must not use confidential Erolos concepts, unreleased designs, proprietary materials or other protected Erolos information to create or assist in creating a substantially derived competing Project without Erolos’s prior written permission.
25.2. This restriction does not prevent the Contributor from undertaking independent creative work based on their general skills, knowledge, experience or independently developed ideas.
25.3. Ordinary artistic similarities, shared industry techniques and independently developed creative concepts do not, by themselves, constitute a breach of this Section.
26.1. Erolos may identify the Contributor in connection with a Project where reasonably appropriate.
26.2. Credit is not guaranteed unless expressly agreed in writing.
26.3. The Contributor may identify themselves as having worked on a publicly released Erolos Project, provided that the description is accurate and does not imply ownership or authority they do not possess.
26.4. The Contributor must not publish unreleased Project information or material without Erolos’s prior written permission.
27.1. Termination of the Contributor’s involvement does not automatically revoke rights already assigned or licensed to Erolos in relation to Project Materials lawfully created before termination.
27.2. Erolos may continue to use, publish, archive, license and otherwise exploit Project Materials in accordance with the rights granted under this Agreement.
27.3. Where termination occurs because of a serious breach, Erolos may suspend or restrict the Contributor’s access to Project systems, materials and information.
28.1. Either party may terminate an ongoing Project arrangement in accordance with any applicable Project-specific agreement.
28.2. Erolos may terminate the Contributor’s involvement immediately where reasonably necessary because of:
(a) material breach of this Agreement;
(b) serious misconduct;
(c) serious safeguarding or safety concerns;
(d) unlawful conduct;
(e) deliberate misuse of confidential information;
(f) serious infringement of intellectual property rights; or
(g) other circumstances materially affecting the integrity or lawful operation of the Project.
28.3. Where a breach is capable of remedy, Erolos should, where reasonably practicable, provide a reasonable opportunity to remedy the breach before termination.
28.4. Termination does not affect rights or obligations that accrued before termination.
29.1. Following termination, the Contributor must return or securely delete confidential Erolos information where reasonably requested, subject to any legal or professional record-keeping requirement.
29.2. The Contributor must cease representing themselves as an active Erolos Contributor where the relationship has ended.
29.3. Rights in Project Materials already assigned or licensed to Erolos remain subject to the terms of this Agreement.
29.4. Sections concerning intellectual property, confidentiality, data protection, liability, indemnity, portfolio restrictions and other provisions intended by their nature to survive termination will continue after termination.
30.1. Each party will comply with applicable data protection law in relation to personal data processed under or in connection with this Agreement.
30.2. Where the Contributor acts as an independent controller of personal data, they are responsible for determining and complying with their own applicable legal obligations.
30.3. Where the Contributor acts as a processor on behalf of Erolos, the parties will enter into any additional data processing agreement or terms required by applicable law.
30.4. The Contributor must not use Erolos personal data for unrelated personal, commercial or promotional purposes without appropriate authority.
31.1. Confidentiality obligations continue after completion or termination of the Project for as long as the relevant information remains confidential or otherwise protected by law or contract.
31.2. The Contributor must not use confidential Erolos information to obtain an unfair commercial advantage after the Project has ended.
31.3. Nothing in this Section prevents lawful professional activity using the Contributor’s general knowledge, skills and experience.
32.1. Where reasonably appropriate to the nature of the services, the Contributor should maintain suitable insurance covering their professional activities and equipment.
32.2. Where Erolos expressly requires a particular form or level of insurance for a Project, the Contributor must provide evidence of such insurance before commencing the relevant services where reasonably practicable.
32.3. The final commercial arrangements for insurance requirements should be confirmed on a Project-by-Project basis.
33.1. The Contributor has no authority to enter into contracts, incur liabilities, make representations or otherwise bind Erolos unless expressly authorised in writing.
33.2. The Contributor must not represent to third parties that they have authority to act on behalf of Erolos beyond the authority expressly provided.
34.1. Neither party will be responsible for delay or failure to perform caused by circumstances reasonably outside their control.
34.2. Such circumstances may include serious weather events, venue closure, public authority restrictions, emergencies, transport disruption, widespread service outages, serious equipment failures or other comparable circumstances.
34.3. The affected party should notify the other party as soon as reasonably practicable where the circumstances materially affect the Project.
34.4. Nothing in this Section excludes any mandatory statutory entitlement.
35.1. Erolos may assign or transfer its rights and obligations under this Agreement to a successor entity, affiliated entity or purchaser of the relevant business or Project rights, provided that such transfer does not unlawfully prejudice the Contributor’s statutory rights.
35.2. The Contributor may not assign their obligations under this Agreement where doing so would materially affect the Project or Erolos’s rights without Erolos’s prior written consent.
36.1. The Contributor agrees to execute documents and take reasonable actions required to give effect to the ownership and licensing arrangements contained in this Agreement.
36.2. Where a formal document is required to perfect, register or otherwise evidence a transfer of rights, the Contributor will provide reasonable cooperation.
36.3. Erolos will be responsible for reasonable administrative costs directly arising from a formal transfer document requested solely by Erolos unless otherwise agreed.
37.1. If any provision of this Agreement is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where legally possible.
37.2. If such modification is not possible, the affected provision will be severed to the extent necessary without affecting the remaining provisions.
38.1. A failure or delay by either party to exercise a right under this Agreement does not constitute a waiver of that right.
38.2. Any waiver should be expressly given in writing.
39.1. This Agreement, together with any applicable Project brief, statement of work, fee agreement or other written terms expressly incorporated into it, constitutes the agreement between Erolos and the Contributor concerning the relevant Project.
39.2. Any amendment to this Agreement should be made in writing and agreed by the relevant parties.
39.3. Previous discussions or informal communications concerning the Project do not override this Agreement unless expressly incorporated into it.
40.1. If a Project-specific written agreement expressly conflicts with this Agreement, the Project-specific agreement will prevail only to the extent of the express conflict.
40.2. A separate agreement concerning another Project does not automatically amend this Agreement.
40.3. Where a separate participant/model agreement governs the rights of an individual appearing in a Project, that agreement will govern the relevant participant relationship and does not automatically transfer those obligations to the Contributor.
41.1. Nothing in this Agreement creates a partnership, joint venture, employment relationship or agency relationship between Erolos and the Contributor.
41.2. Neither party has authority to bind the other except where expressly authorised in writing.
42.1. Unless expressly stated otherwise, this Agreement does not confer contractual rights on persons who are not parties to it, subject to applicable law.
43.1. This Agreement is governed by the laws of Ireland, subject to any mandatory provisions of applicable EU law or other applicable law.
43.2. Subject to any mandatory jurisdictional rights available to a protected person, the Irish courts will have jurisdiction over disputes arising from or relating to this Agreement.
44.1. Nothing in this Agreement is intended to exclude, restrict or waive any right, remedy, protection or liability that cannot lawfully be excluded, restricted or waived under Irish, EU or other applicable law.
44.2. Where a provision of this Agreement conflicts with a mandatory legal requirement, the mandatory legal requirement will prevail to the extent of the conflict.
44.3. Nothing in this Agreement is intended to prevent a Contributor from exercising a statutory right, reporting unlawful conduct or cooperating with a regulator or law enforcement authority.
For questions concerning this Agreement, participation in an Erolos Project, consent, image and likeness rights, publication, confidentiality or other contractual matters, please contact Erolos using the following details:
Erolos
Website: www.erolos.xyz
Email: info@erolos.xyz
END OF AGREEMENT