Provider Agreement

This WorldKam Provider Agreement (“Provider Agreement”) is a binding agreement between you (“Provider,” “you”) and WorldKam LLC (“WorldKam,” “we,” “us,” or “our”), a Delaware limited liability company located at 1201 North Market Street, Suite 111, Wilmington, DE 19801.

By clicking “I agree,” creating a Provider account, or performing any Services for Clients sourced through WorldKam, you agree to be bound by this Provider Agreement.

This Provider Agreement supplements and incorporates by reference the WorldKam Terms of Service, Privacy Policy, and Cancellation Policy. In the event of any conflict, this Provider Agreement controls for Providers.

1. Definitions

Capitalized terms not defined here have the meanings given in the Terms of Service.

• “Client” — A person or entity that books or attempts to book Services through the Platform.
• “Provider” — A photographer, videographer, or related creative professional accepted by WorldKam.
• “Services” — Photography, videography, and related services you provide to Clients via Bookings.
• “Booking” — A confirmed order for Services made through the Platform.
• “Content” and “Content IP” — Photographs, videos, RAW/digital files, and associated intellectual property created for a Booking.
• “WorldKam Fee” — The platform/service fee retained by WorldKam from Client payments.
• “Third-Party Fees” — Payment processing fees, banking fees, currency conversion fees, and other charges imposed by third parties.
• “Off-Platform Activity” — Any provision of services to a Client where the inquiry, booking, or payment is not processed through the Platform.

2. Relationship to the Terms of Service

2.1 Incorporation by Reference. The Terms of Service, Privacy Policy, and Cancellation Policy are incorporated into this Provider Agreement. You are bound by all of them.

2.2 Provider-Specific Terms. If there is a conflict, this Provider Agreement controls with respect to your role as a Provider.

3. Eligibility; Onboarding; Background Checks

3.1 Eligibility. You represent that you are at least eighteen (18) years old, meet all eligibility requirements, and will maintain any licenses, permits, insurance, and registrations required to lawfully perform Services.

3.2 Background Checks. You consent to initial and ongoing background and identity checks as WorldKam deems appropriate, subject to applicable law.

3.3 Second Shooters / Assistants. You must disclose any second shooter, assistant, or other person operating under your account. You remain fully responsible for their conduct.

4. Independent Contractor Status

4.1 You are an independent contractor and not an employee, partner, joint venturer, or agent of WorldKam.

4.2 Control of Work. You retain control over how you perform the Services, including choice of equipment, methods, scheduling, and artistic approach.

4.3 Taxes and Benefits. You are solely responsible for reporting and paying all taxes and for obtaining any insurance you deem necessary. You are not entitled to any employee benefits from WorldKam.

4.4 Other Platforms Permitted. Nothing prevents you from using other platforms or accepting non-WorldKam work, provided you comply with Section 9.

5. Provider Obligations; Quality and Conduct

5.1 Profile and Information. Keep your Provider profile, availability, pricing, portfolio, and contact details true, accurate, and current.

5.2 Quality Standards. You agree to:

• Arrive on time and prepared, updating booking status accurately;
• Use professional-grade equipment and appropriate backup equipment;
• Deliver Content in the formats, resolutions, quantities, and timelines communicated;
• Maintain a professional, respectful, and safe demeanor.

5.3 Compliance with Law. You are solely responsible for obtaining all permits, licenses, permissions, and necessary model or property releases.

5.4 Data and Privacy. You agree to use Client data solely to perform the relevant Booking, handle it in accordance with the Privacy Policy and applicable privacy laws, not retain, sell, or reuse it without consent, and promptly delete it upon request.

5.5 No Misrepresentation. You will not misrepresent your skills, experience, qualifications, portfolio, insurance, or availability.

5.6 Insurance. If you state you are insured, you represent such statement is accurate and you will provide proof upon request.

5.7 Community Guidelines. You will comply with the Community Guidelines, anti-fraud, and platform-integrity provisions of the Terms of Service.

6. Fees, Payment, and Third-Party Fees

6.1 WorldKam will collect payments from Clients and remit to you the Provider Fees, less the WorldKam Fee and any applicable charges.

6.2 Third-Party Fees are outside WorldKam's control, passed through, and non-refundable.

6.3 Disputes and Adjustments. WorldKam may withhold or adjust payments if Clients report Services were not provided or were materially deficient.

6.4 Chargebacks and Fraud. WorldKam may debit or set off amounts from future payouts for chargebacks attributable to your conduct.

6.5 No Withholding of Services. You will not withhold delivery of Content due to a payment dispute between WorldKam and a Client.

7. Intellectual Property and Content

7.1 Assignment of Content IP. All Content created for a Booking is assigned to the Client together with all associated intellectual property rights. You hereby irrevocably assign and transfer all right, title, and interest.

7.2 Moral Rights. To the fullest extent permitted by law, you waive moral rights, droit moral, or similar rights in the Content.

7.3 Provider Portfolio License. Subject to Client consent, WorldKam may grant you a limited, revocable license to use selected Content for personal portfolio and promotional use.

7.4 Content Storage. The Platform is not a permanent backup or archival service.

8. Confidentiality

You agree to hold all Confidential Information in strict confidence, use it only to perform Services, and not disclose it to any third party except as required by law. These obligations survive termination.

9. Non-Circumvention, No-Poaching, and Off-Platform Activity

9.1 Non-Circumvention Period. For twenty-four (24) months from the later of your first interaction with a Client via the Platform or your last Booking/communication with that Client, you agree to use the Platform as your exclusive method for new Booking requests and payments with that Client.

9.2 No-Poaching / No-Solicitation. During the Non-Circumvention Period, you will not solicit, induce, or accept any request from a Client to book you directly or via another platform.

9.3 Permitted Exceptions. You may perform services off-platform with WorldKam's prior written consent or with pre-existing clients you can document.

9.4 Off-Platform Activity Fee (Liquidated Damages). If you engage in Off-Platform Activity in breach of this Section, you agree to pay WorldKam the greater of: (i) US$2,500; or (ii) 25% of all gross amounts paid by that Client for similar services during the twenty-four (24) month period.

9.5 Payment and Remedies. The fee is due within thirty (30) days after WorldKam's written demand. WorldKam may also pursue injunctive relief and suspend or terminate your account.

9.6 Clarification. Nothing prevents you from using other platforms or accepting non-WorldKam clients. This section only prevents circumvention and poaching of Clients first connected through WorldKam.

10. Non-Compete (Marketplace and Competitive Use)

10.1 Limited Non-Compete. During your active Provider status and for twelve (12) months after termination, you will not use WorldKam's Confidential Information to create or participate in a competing on-demand photography/videography marketplace.

10.2 Geographic Scope. Limited to countries and metropolitan areas where WorldKam actively operates.

10.3 Savings Clause. If found overbroad, it shall be modified to the maximum extent permissible.

11. Term and Termination

11.1 This Provider Agreement begins when you accept it and continues until terminated.

11.2 Either party may terminate at any time, with or without cause, by notice through the Platform.

11.3 Effect of Termination. You must stop holding yourself out as a WorldKam Provider and may no longer access Provider tools or accept new Bookings. Surviving obligations include Sections 4, 5.3–5.7, 6, 7, 8, 9, 10, 11.3, and 12.

12. Miscellaneous

12.1 The governing law, arbitration, class action waiver, and dispute resolution provisions in the Terms of Service apply equally.

12.2 This Provider Agreement and the Terms of Service constitute the entire agreement regarding your role as a Provider.

12.3 WorldKam may update this Provider Agreement. Continued use constitutes acceptance.

12.4 If any provision is found unenforceable, the remaining provisions remain in full force.

13. Contact

WorldKam LLC
1201 North Market Street, Suite 111, Wilmington, DE 19801
Email: [email protected]