INDEPENDENT DANCE CREATOR AGREEMENT

ZENDANZ LIMITED (hereinafter referred to as the “Company”).

AND You (based on the details you have submitted) (hereinafter referred to as the “Dance Creator”).

(Both the Dance Creator and the Company shall individually be referred to as “Party” and jointly as “Parties”

1. SERVICES AND CONDITION PRECEDENT

1.1 By clicking “Agree” and registering for the Dance Creator Tutoring Scheme, the Dance Creator is deemed to have read, understood, and agreed to be legally bound by the terms in this agreement (“Agreement”). This Agreement constitutes a legally binding agreement between the Dance Creator and the Company. If the Dance Creator does not agree to the terms in this Agreement, the Dance Creator shall not proceed with the registration.

1.2 The Company facilitates the Dance Creator’s engagement to provide his/her dance instruction services to the Company’s customers via the Company’s proprietary platform, designed for matching service requests with Dance Creators. The Dance Creator hereby agrees to accept such facilitation service from the Company.

1.3 The Dance Creator shall provide his/her services to the Company’s customers on a non-exclusive basis and as an independent contractor, not as an employee, agent, or partner of the Company. The Dance Creator agrees that he/she will not be entitled to any employee benefits, including but not limited to social security contributions, mandatory provident fund (MPF), leaves, holiday bonuses, or commissions.

1.4 This Agreement is conditional upon the Dance Creator duly completing the registration process as communicated by the Company.

2. PLACE OF SERVICE

2.1 The Dance Creator shall provide his/her services within such zones as they wish to offer tutoring sessions, accessible via the Company’s platform.

3. DANCE CREATOR'S DUTIES

3.1 The Dance Creator shall:

(a) Provide dance tutoring services as requested by the Company’s customers, ensuring a high level of service and compliance with all reasonable and lawful standards including health, safety, and hygiene.
(b) Maintain any equipment used in the provision of services in good, hygienic, and safe working order.
(c) Be solely responsible and personally liable for any claim, damage, or loss incurred by the Company’s customers as a result or in connection with the Dance Creator’s services.
(d) When providing services, comply with all laws, notices, codes, and guidelines applicable.
(e) return all cash collected from the Company’s Customer to the Company without any delay whatsoever as directed by the Company,
(f) Not use the Company’s platform for fraudulent purposes or share their account details with any other person.
(g) Not share or transfer his/her account created by the Company to any other person
(h) Not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud the Company or to disrupt the natural functions of the Company’s platform.

4. EQUIPMENT

4.1 The Dance Creator shall use their own equipment necessary for providing dance tutoring services and be solely responsible for all related costs.

5. SHIFT HOURS AND TERMINATION OF AGREEMENT

5.1 There are no fixed hours of service under which the Dance Creator shall commit or perform. The Dance Creator shall determine their own hours of availability for tutoring sessions according to their personal schedule.

5.2 There is no binding obligation on the Company to facilitate or guarantee any specific number of tutoring requests to the Dance Creator, nor for the Dance Creator to accept any specific tutoring request from the Company’s customers. The Dance Creator is free to accept or reject any tutoring request as they see fit.

5.3 The Dance Creator is free to provide their services to any other company or entity, including competitors of the Company, and may engage in any other professional activities outside of their obligations under this Agreement.

5.4 The Dance Creator may terminate this Agreement at any time by providing written notice to the Company or by simply discontinuing their use of the Company’s platform for receiving tutoring requests. The Company may terminate this Agreement at any time without cause by providing written notice to the Dance Creator.

5.5 Upon termination of this Agreement, the Dance Creator must cease all use of the Company’s platform and any materials or data provided by the Company during the tenure of their engagement. Any outstanding obligations, including completion of scheduled tutoring sessions or payments due, shall be fulfilled according to the terms set forth herein, notwithstanding the termination of the Agreement.

6. SERVICE FEES

6.1 The fees for the Dance Creator’s services (“Service Fee”) shall be as detailed on the Company’s platform. The Company reserves the right to adjust these fees at its sole discretion at any time without prior notice. Continued use of the Company’s platform by the Dance Creator constitutes acceptance of these fee adjustments.

6.2 The Dance Creator is required to submit invoices for services completed on a bi-monthly basis. Payment will be processed, subject to verification by the Company, in the week following the invoice submission. Should there be any discrepancies, the Company will provide a statement detailing the total services rendered by the Dance Creator for that period, and this statement will be considered final and binding on the Dance Creator.

6.3 As an independent contractor and not an employee of the Company, the Dance Creator is fully responsible for:

(a) Reporting and paying all applicable taxes.
(b) Enrolling in and contributing to the Mandatory Provident Fund (MPF), if applicable.

6.4 The Company may deduct from the Dance Creator’s Service Fee any outstanding amounts owed to the Company due to reasons stated in clause 3.1 (e) or as a result of the indemnity obligations in clause 6.2.

7. INSURANCE, INDEMNITY, LIABILITY

7.1 The Dance Creator is responsible for arranging their own insurance coverage, which must remain valid at all times for the purposes of providing dance tutoring services under this Agreement. This includes any required personal or professional liability insurance.

7.2 The Dance Creator agrees to indemnify the Company against any claims, losses, or damages arising from the Dance Creator’s breach of this Agreement, which may include:

(a) Negligence, recklessness, or any omission by the Dance Creator while performing their services.
(b) Any third-party claims related to harm resulting from the Dance Creator’s services, including those from the Company’s customers.
(c) Any claims, losses, or damages the Company may suffer or incur as a result of services rendered by the Dance Creator.

7.3 To the extent permitted by law, the Company shall not be liable for any direct or indirect damages, fines, losses, or liabilities incurred by the Dance Creator that may arise in connection with this Agreement, whether in contract, tort, under statute, or otherwise.

7.4 Company’s Role and Technology:

The Company is a technology platform that connects Dance Creators with customers seeking dance tutoring services. The Company’s role is limited to facilitating these connections. The Company is not responsible for:

(a) The acts or omissions of the Dance Creator or the customer.
(b) Any liability related to services provided by the Dance Creator or any actions of the customer, which shall be solely the responsibility of the Dance Creator.
(c) Any delays, delivery failures, damages, or losses resulting from issues inherent in the use of the internet and electronic communications, including but not limited to limitations, delays, and other operational problems.
(d) The Dance Creator shall not represent themselves as an agent, employee, or staff member of the Company, and services provided by the Dance Creator are not to be deemed as provided by the Company.

8. CONFIDENTIALITY

8.1 The Dance Creator shall, during and after the termination of the Agreement, observe complete confidentiality regarding any business secrets learned during their tenure.

9. DISPUTES

9.1 Disputes under this Agreement shall be resolved through negotiations or, failing that, arbitration at the Hong Kong Arbitration Centre.

9.2 This Agreement and any dispute arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the laws of Hong Kong.

10. AMENDMENT AND TERMINATION

10.1 The Company reserves the right to amend the terms of this Agreement at any time. Continued use of the Company’s platform by the Dance Creator shall constitute acceptance of such amendments.

10.2 The Agreement can be terminated by either party at any time with written notice.

11. ASSIGNMENT AND MISCELLANEOUS

11.1 Assignment: The Company may assign this Agreement, in whole or in part, to any third party without the need for prior consent from the Dance Creator.

11.2 No individual or entity who is not a party to this Agreement shall have any rights, under the Contracts (Rights of Third Parties) Ordinance or otherwise, to enforce any terms of this Agreement.

11.3 Nothing contained in this Agreement shall be construed as constituting or establishing any partnership or joint venture or relationship of employment between the Parties nor constitute one Party the agent of the other Party and vice versa and no Party shall have express or implied authority to bind or represent any other party for any purpose whatsoever.