Terms & Conditions for Client Services
By making a payment or signing a project agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
Last Updated: January 26, 2026. We may update these Terms & Conditions from time to time. Material changes to existing client agreements require mutual written agreement. Updates apply immediately to new clients and to existing clients at their next annual renewal date.
OVERVIEW
These Terms & Conditions govern all work between Hopp Creative LLC (Studio) and you (Client).
1. HOW WE WORK TOGETHER
1.1 Individual Project Agreements
Each project between Studio and Client will have its own agreement (Statement of Work, Retainer Agreement, or similar) that spells out the specific services, deliverables, timeline, and costs. Those individual agreements work together with these Terms & Conditions.
1.2 Revisions Included
Unless your project agreement says otherwise, each deliverable includes 2 revision rounds at 4 hours per round. Need more? We bill additional revisions at our standard hourly rate.
1.3 Working with Others
We reserve the right to work with subcontractors on your project. We're responsible for their work and making sure they follow these terms.
1.4 Not Exclusive
These terms don't stop us from working with other clients, even if they're in your industry or offer similar products or services.
2. PAYMENT & FEES
2.1 How You Pay
- Payment-on-File: If you've stored a payment method with us, you're authorizing us to charge it according to your project's payment plan.
- Invoice-Based: If you haven't stored a payment method, we'll send invoices. Payment is due within 10 business days of the invoice date.
2.2 Late Payments
After 10 business days from the invoice due date, we add a $150 late fee plus 1.5% monthly interest (18% annual) on the outstanding balance.
2.3 Booking Fees
Some projects require a non-refundable booking fee to reserve your spot on our calendar. This fee counts toward your total project cost and is due when you sign your project agreement.
2.4 Project Expenses
You're responsible for project expenses (anything we buy specifically for your project). You automatically pre-approve expenses up to $250 per project. We won't spend more than $250 without getting your approval first.
2.5 Third-Party Costs
You're responsible for all third-party services, licenses, subscriptions, and ongoing charges purchased for your project or your use unless specifically outlined in your project agreement. This includes font licenses, printing, image licenses, hosting, platform subscriptions, plugins, and similar costs.
3. WHO OWNS WHAT
3.1 Brand Identity Projects
For brand identity work, we transfer all rights to the final assets and final production files (such as vector files) once the project is complete and you've paid in full. This does not include preliminary concepts, earlier revision rounds, or development work. You receive the approved final round only.
3.2 All Other Projects
For everything else, we own the intellectual property rights to the work we create. You get a perpetual, royalty-free, worldwide, non-exclusive license to use the final version with your team, conditioned on full payment. If you fail to make full payment (including any applicable kill fees), this license terminates immediately.
You can update, modify, and expand the work as needed for your own use (such as adding pages to a website, updating content, or adapting materials for your business). However, you can't resell, redistribute, sublicense, or otherwise provide the work to third parties as a product or service without our written permission.
3.3 Third-Party Assets
For any third-party assets we license on your behalf (stock photos, fonts, icons, etc.), your rights to use those assets are governed by the terms of their respective licenses, not this agreement. This applies to all projects, including brand identity work. We'll provide you with license documentation for any assets purchased specifically for your project.
3.4 What We Keep
We retain ownership of any pre-existing intellectual property and any new work that's not specific to your project.
3.5 Source Files
We retain ownership of all source files. At our sole discretion, we may provide source files as part of final deliverables. If source files are not provided, you receive final deliverables only. Exception: For brand identity projects covered under Section 3.1, final production files are included as specified.
3.6 When Rights Transfer
We reserve the right to withhold any transfer of rights or licenses until you've paid in full, including any applicable kill fees.
3.7 Our Portfolio
We retain the right to use all deliverables and creative assets in our public portfolio, marketing materials, publications, and promotional uses.
4. WHAT WE PROMISE EACH OTHER
4.1 We Both Have Authority
Each of us promises we have the authority to enter into this agreement and fulfill our obligations.
4.2 We Follow the Law
Studio promises that the way we work, our deliverables, and any background materials we use comply with applicable U.S. laws and regulations.
4.3 Our Work Doesn't Infringe
Studio promises our work doesn't infringe on anyone else's intellectual property rights and that we have the right to let you use any background materials we provide.
4.4 You'll Review & Respond
Client promises to review our work, be available when we have questions, and provide timely feedback and decisions.
4.5 Your Materials Don't Infringe
If you provide us with materials to incorporate into the work, you promise they don't infringe on anyone else's intellectual property rights.
4.6 AI Usage
Studio may use artificial intelligence tools and technologies to assist in creating, editing, or enhancing deliverables. You acknowledge and accept this practice.
5. REVIEWING & ACCEPTING WORK
5.1 Changes to Your Project
Any changes to these Terms or your project agreement must be in writing and signed by both of us.
Minor changes (under $500 or less than 5 hours of work) can be agreed to via email as long as we both explicitly confirm.
Significant changes to scope, timeline, or budget require a formal written amendment signed by both of us.
5.2 Accepting Deliverables
You have 10 business days to review each deliverable and give us feedback.
Deliverables are considered accepted after 10 days without written objection from you.
Any changes requested after acceptance will be treated as new scope and follow the change process above.
6. IF THINGS GET DELAYED
6.1 Stay Responsive
You agree to maintain timely and regular communication throughout the project. Timely communication is essential for keeping things moving.
6.2 Automatic Pause
A project automatically pauses if:
- You don't provide necessary feedback, materials, or approvals within 15 business days of our request
- You don't make a scheduled payment within 10 business days of the due date
- Any other delay on your end prevents us from working for more than 15 business days
We'll notify you in writing when a pause is initiated. We may exercise discretion in implementing project pauses for first-time occurrences, but reserve the right to strictly enforce pause and restart fee requirements for repeated delays or ongoing unresponsiveness.
6.3 Restart Fee
To resume work after an automatic pause, you'll need to fix whatever caused the pause (provide feedback, make payment, etc.) and pay a restart fee. The restart fee is the greater of:
- 10% of your total project cost, or
- $500
This restart fee represents a reasonable estimate of our actual costs, including administrative overhead, schedule disruption, and opportunity costs from turning away other work during the pause period.
6.4 Timeline Reset
Once we resume, all original project timelines and deadlines are void. We'll establish new timelines based on our current schedule and availability. The new timeline may result in significant delays compared to the original, depending on our workload when work restarts.
6.5 Automatic Cancellation
A project will be automatically canceled if:
- It stays paused for more than 60 consecutive days
- You don't fix the cause of a pause within 30 days of notification
- The project extends beyond one year from the start date without written agreement from both of us
- You don't respond to our communications for 60 consecutive days
- You don't pay the restart fee within 30 days of being notified that work has stopped
When a project is automatically canceled, the termination terms in Section 7 apply. Automatic cancellation doesn't limit our ability to pursue other remedies available under this agreement or applicable law for breach of contract or non-payment.
6.6 Project Completion Deadline
All project work must be completed within one year from the project start date specified in your project agreement, unless we agree otherwise in writing.
6.7 Repeated Issues
If you have a pattern of unresponsiveness or repeated project pauses, we may choose to terminate this agreement or decline future projects, even if individual delays are resolved.
7. ENDING THE RELATIONSHIP
7.1 Agreement Term
These Terms & Conditions become effective on the date of first agreement (either when you make your first payment or sign your first project agreement that references these terms). The agreement continues for one year and automatically renews for successive one-year periods unless either of us gives 30 days written notice before the current term ends. All projects initiated during an active term are governed by these Terms & Conditions.
7.2 Canceling for Any Reason
Either of us can cancel this agreement or any project with 30 days written notice.
For retainer-based work, you need to give at least 30 days notice before the end of the current contract period (like the end of a 90-day quarter). Retainers can't be canceled mid-period.
7.3 If You Cancel Mid-Project (Kill Fee)
If you cancel a project for any reason other than us breaching the agreement, here's what happens:
- Kill Fee: You pay 25% of the total project cost as a kill fee, due within 15 days of cancellation.
- Completed Work: You also pay for all services and work completed up until cancellation.
- What You Get: Once we receive full payment (including the kill fee), we'll give you all deliverables and licenses from completed project phases.
- What You Don't Get: You don't get any work from uncompleted phases, you have no license or right to use that work, and we retain all intellectual property rights to it.
- Payment and Refunds: Booking fees and deposits are non-refundable. We determine the value of all work provided up to cancellation. If you've prepaid amounts beyond what's owed, we may issue a refund at our discretion.
- Files Held: We reserve the right to withhold all files, deliverables, and intellectual property rights until you've paid in full, including the kill fee.
7.4 If We Cancel Because You Breached
We can immediately cancel this agreement or any project if you:
- Don't pay any amount due within 15 days after we notify you in writing
- Break any material term of this agreement and don't fix it within 15 days after we notify you in writing
- Become insolvent, file for bankruptcy, or are subject to involuntary bankruptcy proceedings
7.5 What Happens When Things End
When a project or this agreement is canceled:
- We immediately stop work on all deliverables
- You pay us for all services rendered and expenses incurred up to the cancellation date
- You pay all outstanding deposits, expenses, and invoices
- All booking fees, deposits, and retainer fees are non-refundable
- You must pay any applicable kill fee
- We'll send a final invoice for any unbilled work, payable according to Section 2
- We determine the value of work provided up until cancellation
Client remains responsible for any ongoing third-party subscriptions, hosting, or services that were activated during the project, regardless of project completion status.
7.6 Canceling Part of the Relationship
If we cancel one project but keep these Terms & Conditions active, the terms continue to govern any other projects we're working on together.
7.7 What Survives Cancellation
Even after this agreement ends, these sections remain in effect: Section 3 (Who Owns What), Section 4 (What We Promise Each Other), Section 1.4 (Not Exclusive), Section 8 (Confidentiality), Section 11.3-11.5 (Indemnification), Section 10 (Dispute Resolution), and Section 13.1 (Severability).
8. CONFIDENTIALITY
8.1 Keeping Secrets
Each of us agrees to keep the other's confidential or proprietary information private.
8.2 What's Not Confidential
Information isn't considered confidential if it:
- Is or becomes publicly available through no fault of the receiving party
- Was independently developed by the receiving party without using the confidential information
- Was already in the receiving party's possession before disclosure
- Is required to be disclosed by law or government order
8.3 How We Handle Confidential Information
The receiving party agrees to:
- Use confidential information only for the purposes of this agreement
- Limit access to employees or agents who need to know
- Return or destroy all confidential information upon request or when this agreement ends
These confidentiality obligations continue for three (3) years after termination of this agreement, except for information that constitutes trade secrets, which remains confidential indefinitely.
9. PROFESSIONAL CONDUCT
Both of us agree to conduct all interactions, communications, and business dealings in a professional, respectful, and courteous manner. Any disrespectful, abusive, or harassing behavior by any employee, agent, or representative of either party may be grounds for termination.
10. DISPUTE RESOLUTION
10.1 Illinois Law Applies
This agreement is governed by the laws of the State of Illinois.
10.2 Try to Work It Out First
If there's a dispute, we agree to work toward a resolution through good faith negotiation.
10.3 Arbitration
Any controversy or claim arising from this agreement or its breach will be settled by arbitration according to the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court with jurisdiction. Arbitration will take place in DuPage County, Illinois, or another mutually agreed upon location.
10.4 Legal Fees
In arbitration or mediation, the winning party is entitled to recover their legal fees, including attorney's fees.
11. LIMITING LIABILITY
11.1 What We're Not Liable For
Neither of us is liable to the other for any damages resulting from this agreement, including but not limited to loss of revenue, anticipated profit, lost business, or costs of delay. Studio's liability to Client will never exceed the total fees paid by Client for the specific project in question. Client's liability to Studio will never exceed the total fees payable under the relevant project agreement.
11.2 No Guarantees on Results
Studio doesn't represent or warrant that deliverables will create additional profits, sales, exposure, brand recognition, or similar results. Studio has no responsibility to Client if deliverables don't lead to your desired results. All services under this agreement are provided "as is."
11.3 Indemnification by Studio
Studio agrees to indemnify, defend, and hold harmless Client from claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from any third-party claim alleging gross negligence or willful misconduct by Studio or Studio's breach of this agreement, except to the extent caused by Client.
11.4 Indemnification by Client
Client agrees to indemnify, defend, and hold harmless Studio from claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from claims alleging gross negligence or willful misconduct by Client, Client's breach of this agreement, or claims related to Client's use of deliverables in a manner not authorized by this agreement.
11.5 How Indemnification Works
The indemnified party will promptly notify the indemnifying party of any claim and cooperate in defending it. The indemnifying party has full control over the defense but can't settle any claim without the indemnified party's prior written consent if the settlement affects the indemnified party's rights or obligations.
12. UNCONTROLLABLE CIRCUMSTANCES (FORCE MAJEURE)
12.1 When Bad Things Happen
Neither of us is liable for failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, health crises, cyber attacks, or shortages of transportation, fuel, energy, labor, or materials.
12.2 Notice
The affected party will notify the other as soon as practicable, detailing the nature, extent, and expected duration of the delay.
12.3 Mitigation
The affected party will use reasonable efforts to mitigate the effects and resume performance as soon as reasonably possible.
12.4 Extended Events
If a force majeure event continues for more than 30 days, either party may cancel this agreement with written notice.
13. FINAL DETAILS
13.1 Severability
If any section of this agreement is found to be invalid, illegal, or unenforceable, the rest of the agreement remains enforceable.
13.2 Entire Agreement
This agreement, together with your project agreement (Statement of Work or Agreement), represents the entire agreement between us. Any changes, additions, or modifications must be in writing and signed by both parties.