Terms & Conditions

 

The below terms are the standard clauses I include in my commission contracts, which I ask all clients to sign before a collaboration begins.

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1. Scope of Engagement

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a. Retainer Structure

i. The Client agrees to engage the Artist on a weekly retainer basis at a fixed rate of HK$10,000 per week.

ii. Each retainer week entitles the Client to the following services, to be delivered within that week only (Monday to Friday):

• Exclusive ownership rights to all materials created during that week (see Section 2)

• Up to 20 hours of work and/or communication time

• Flexible availability for communication (e.g. calls, emails, messages) during working hours

• The Artist’s expertise, experience, and creative insight

• Self-promotional support across the Artist’s platforms (e.g. Instagram, Facebook, LinkedIn, website) for that week's creations

iii. Services above apply solely to the retainer week in which they are booked and do not carry over to other weeks unless those are separately retained.

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b. Booking & Scheduling

i. Retainer weeks run on a fixed basis from Monday to Friday.

ii. Bookings must be confirmed no later than the Friday before the intended week begins.

iii. Weeks can be scheduled in advance or on an ad-hoc basis, subject to the Artist’s availability.

iv. The Artist is generally unavailable on weekends, but may be reachable on an ad-hoc basis.

 

c. Cancellation & Rescheduling

i. The Client may cancel a booked retainer week with no penalty if done 7 calendar days in advance.

ii. Cancellations made with fewer than 7 days’ notice are non-refundable unless otherwise agreed.

iii. Rescheduling is permitted subject to mutual availability and confirmation.

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Rights & Ownership

 

a. Ownership of Work

i. All final works and drafts, sketches, outlines, mock-ups, and materials produced during the retainer period become the exclusive property of the Client.

ii. The Artist retains the right to display the works for self-promotional, educational, or portfolio purposes, unless explicitly agreed otherwise in writing.

b. Monetisation & Licensing

i. The Client may use, display, reproduce, modify, and/or monetise the artwork and its derivatives without restriction.

ii. The Artist waives her right to licence or commercially exploit the final artwork, in whole or part, to any party other than the Client.

c. Attribution & Promotion

i. The Artist retains the right to be credited as “Sophia Hotung”, “Sophia Hotung 何慧恩”, “sophiahotung.com”, and/or “@sophiahotung” where appropriate.

ii. Promotional content shared by the Artist on her platforms in connection with retainer weeks is limited to the week retained.

iii. Additional promotional posts on the Artist’s social media channels (outside the retained week) may be requested on an ad-hoc basis:

• The first five additional posts are complimentary.

• Each post beyond the initial five will incur a HK$1,000 fee.

• All additional posts will be labelled with a “Paid Partnership” disclaimer.

d. Originality: The Artist confirms that all artwork produced is original and does not knowingly infringe upon third-party intellectual property rights.

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Governance & Compliance

 

a. Force Majeure: If, as a result of force majeure (e.g. natural disasters, government restrictions, pandemics), either Party is prevented from performing their obligations, they must provide prompt notice, after which affected obligations will be suspended until resolved.

 

b. Representation & Warranties: Both Parties affirm they are fully authorised to enter this Agreement and that doing so does not infringe upon any third-party rights or agreements.

 

c. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong SAR.

 

d. Entire Agreement: This Agreement represents the entire understanding between the Parties. Any changes or amendments must be made in writing and signed by both Parties.