Producer & Team Agreement
This Producer & Team Agreement (the "Agreement") is between 1427454 Alberta Inc., operating as MOMMENT ("MOMMENT," "we," "us") and the team, club, association, or organization operating a team on the MOMMENT platform, together with each of its authorized managers (collectively, the "Team," "you"). It supplements the MOMMENT Terms of Service, which continue to apply. By creating or managing a team, going live, or offering content for sale on the Services, you accept this Agreement.
1. Definitions
- "Team Content" means live streams the Team produces on the Services and video recordings the Team posts for purchase by Supporters or the public.
- "Gross Sales" means the purchase price paid by customers for Team Content and Team admission passes, exclusive of applicable taxes, before deduction of app store commissions or payment processing fees.
- "Payout Period" means each successive thirty (30) day period.
- "Supporters" means users granted supporter access to the Team on the Services.
2. Your Team on MOMMENT
We grant the Team the right to use the Services to stream live events, post recordings, offer admission passes and video on demand at prices selected from the price options we make available, and manage supporters — all subject to this Agreement, the Terms of Service, and our Community Guidelines. Team managers are responsible for all activity conducted under the Team's account, including by co-managers they invite.
3. Content Responsibilities and Attestations
For all Team Content, the Team represents, warrants, and attests that:
- the content is the Team's own footage or footage the Team has full rights to distribute and sell, including all necessary rights to any music, marks, and third-party material it contains;
- the Team has obtained the consent of every identifiable person appearing in the content and, for every minor, the verifiable consent of that minor's parent or legal guardian, to the recording, its distribution through the Services, and — where offered for sale — its sale;
- the content is appropriate for a family platform and complies with our Community Guidelines and applicable law.
The Team will maintain records of the consents described above and provide them to MOMMENT on request. The Team is solely responsible for compliance with any rules of leagues, venues, associations, or event organizers governing recording and commercialization of events.
4. Safety Review
Content offered for public sale is subject to MOMMENT's human safety review before it becomes available for purchase. MOMMENT may decline, remove, or suspend any Team Content at any time, without liability, where we believe it violates this Agreement, our Community Guidelines, or applicable law, or poses a risk to any person, including any minor. Removal of content does not relieve the Team of its obligations for sales already made.
5. Revenue Share
- Team share. The Team will receive thirty percent (30%) of Gross Sales of (a) Team admission passes and (b) Team Content purchased by Supporters or the public. MOMMENT retains the remainder and bears the app store commissions and payment processing costs on those transactions.
- Collection. Customer payments are collected by the applicable app store platform (Apple App Store or Google Play) or other payment mechanism we support. MOMMENT accounts for Gross Sales based on the transaction records made available by those platforms.
- Currency. Prices and payouts are denominated in USD unless we notify you otherwise.
6. Payouts
- Schedule. MOMMENT will remit the Team's share every thirty (30) days, covering transactions in the preceding Payout Period, via Stripe to the payout account designated by the Team's manager.
- Payout account. The Team must complete Stripe onboarding, including any identity and banking verification Stripe requires, and keep its payout details and designated payout email current. MOMMENT is not responsible for delays or misdirected payments resulting from inaccurate payout information, and amounts may be withheld until onboarding is complete.
- Refunds, chargebacks, and adjustments. Amounts refunded to customers, charged back, reversed by a platform, or attributable to fraudulent or prohibited transactions will be deducted from the corresponding Team share and may be netted against subsequent payouts. If the Team's balance is negative, MOMMENT may withhold future payouts until recovered.
- Reporting. MOMMENT will make sales and payout reporting available to the Team's manager. The Team must raise any payout dispute within sixty (60) days of the payout in question.
7. Taxes
The Team is solely responsible for all taxes on amounts it receives under this Agreement, including income tax and, where applicable, GST/HST registration, collection, and remittance on its own account. MOMMENT may require tax information from the Team as a condition of payout and may withhold amounts where required by law.
8. Term and Termination
This Agreement applies for as long as the Team operates on the Services. Either party may terminate at any time; the Team may terminate by ceasing to offer content for sale and closing its team account. On termination, MOMMENT will pay out the Team's remaining accrued share in the ordinary payout cycle, less any deductions under Section 6. Sections 3, 5.3 (currency of accrued amounts), 6.3, 7, 9, and 10 survive termination.
9. Indemnification
The Team will indemnify and hold harmless MOMMENT, its directors, officers, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of Team Content, breach of this Agreement (including the attestations in Section 3), or violation of any law or third-party right, including any claim by or on behalf of a person appearing in Team Content.
10. General
This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction over disputes arising under it. MOMMENT may update this Agreement by posting a revised version at momment.io/legal with an updated effective date; continued sale of Team Content after the effective date constitutes acceptance. If any provision is unenforceable, the remainder remains in effect.
11. Contact
1427454 Alberta Inc. o/a MOMMENT Head Office: 30 Alexandria Green SW, Calgary, Alberta, T3E 8E8 Legal Office: 2023 125 St SW, Edmonton, Alberta, T6W 0A4 All legal inquiries: legal@momment.io