This AGREEMENT (the "Agreement"), dated this ___ day of ______, 200_ is entered into between _____________, (the
"Contractor"), and __________________ (the "Client"), regarding the following manuscript, (the "Work"):Author(s) ________________________________________________________________
Working title______________________________________________________________
Length (double-space pages or words) and brief description:_______________________________
_______________________________________________________________________
1. RIGHTS
This Agreement is a work-for-hire. The Client shall own all rights to any new or edited material
provided by the Contractor in the completed Work.
2. SCOPE OF WORK AND DURATION OF SERVICES
a. By way of this Agreement the Client will deliver the Work to the Contractor on ____, ____,
200_ by means of (courier, e-mail, or other) in a format agreed to by the parties. The Contractor agrees to do the following services on the Work (define your terms)
_____________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
b. Contractor has estimated it shall take a total of ___ hours to complete the services on the Work and shall reserve a minimum of
___ hours per week for services on said Work. The Contractor shall update the client on a regular basis regarding the status of the Work and complete services on the Work in a timely manner and deliver
the completed Work to the Client on or before _____ ___, 200_. Any further iterations or editing after this date may be subject to further fees or amendments to this agreement as agreed to by the
parties.
2. COMPENSATION
a. Hourly Rate. The Client agrees to pay the Contractor a fee of $____ per hour based on an estimated pace of __ pages per hour on the Work. All
payment(s) shall be made to the Contractor in $_____ in (weekly, biweekly, monthly, etc.) _____ installments until the project is completed, as agreed upon in this Agreement. To date, the Client has paid the
Contractor a $____ deposit.
b. Billable Time. The Client shall also be responsible for billable time at the same hourly rate stated in paragraph 2a. Billable time includes time spent
conferring on the telephone, meeting with other involved parties, and writing and/or reading correspondence sent by mail or e-mail regarding the Work.
c. Reimbursable Expenses. The Client shall also
reimburse expenses for postage, courier service, photocopying, long-distance calls, parking, and travel beyond a local commute.
d. Remaining Balances. Any and all remaining balances shall be due
within thirty days upon the delivery of the completed Work and final invoice to the Client. The final invoice shall include billable time, reimbursable expenses, and any other fees related to the Work.
e.
Late Payment Fees. After thirty days, interest of 1.5 percent per month shall be assessed and added to the remaining total fees until said invoice is paid in full.
3. CHANGES TO WORK ASSIGNMENT
The Client understands that the Contractor's estimated time and cost for completing the Work is an informal calculation and that any adjustments to the amount of work, schedule and/or the
number of hours and fees is subject to review and renegotiation with the Client when necessary.
4. DISCLOSURE
The Contractor shall discuss with the Client any anticipated need for
subcontract work to another contractor for part or all of the services on the Work, and if Client agrees to such work, the Contractor shall inform the Client who the additional contractor(s) are.
5. CANCELLATION FEES AND RETURN OF WORK
Either party must give 72-hour notice to revoke this Agreement. If the Contractor terminates the agreement, Client shall pay the Contractor for
work done up to the date of termination. If the Client revokes the Agreement, the Client shall pay for all services performed on the Work up to the date of cancellation, plus a cancellation fee for the
relative hours set aside for those 72 hours, according to the terms of payment in section 2b of this Agreement. The Contractor shall deliver to the Client all services performed on the Work, up to the time
of the cancellation, and the final invoice within 72 hours.
6. CONFIDENTIALITY AND CREDIT FOR SERVICES ON WORK
The Contractor shall keep the Work confidential and not use it for
personal gain or promotion without written consent of the Client. The Contractor also reserves the right to negotiate with the Client the terms in which the Client may give printed credit for the
Contractor's services in a finished publication as well as for any other type of media.
7. INDEMNIFICATION BY CLIENT
The Client shall be responsible for infringing upon the rights of
authors, organizations, institutions, copyright holders, or others, as a result of plagiarism, libel, slander, or any other misuse of any material in the Work. While the Contractor may bring such
infringements to the attention of the Client, the Client shall indemnify the Contractor for any and all claims, damages, costs, and expenses, including attorneys' fees, incurred by Contractor as a result of
said infringements.
8. LIMITATION OF LIABILITY
The sole and entire maximum liability of Contractor and any of the providers of services performed on the Work, and the Client's sole and
exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Client for services on the Work.
9. GOVERNING LAW AND LOCATION OF DISPUTE RESOLUTION
This Agreement
shall be governed by and construed in accordance with the laws of the United States of America in the state of Oregon. The parties hereto shall make a reasonable attempt to settle any dispute, which may
arise concerning this Agreement, by friendly discussions. If such dispute cannot be settled by such means, the parties agree to have any and all disputes resolved solely by binding arbitration and
shall be bound by any decision issued as a result thereof.
10. STATUTE OF LIMITATIONS
Any cause of action by the Client against the Contractor and any providers of services performed
on the Work, must be instituted within three (3) months after completion of services on the Work or be forever waived and barred.
11. NOTICES AND AMENDMENTS
This Agreement shall not be
amended or canceled except by written instrument signed by both parties. Any notice or other communication in connection with this Agreement shall be in writing and hereunder deemed effective when delivered
by mail, courier or facsimile transmission to the Contractor's and Client's address contained in this Agreement.
IN WITNESS WHEREOF, the Contractor and Client have each caused this Agreement to be duly
executed by themselves, as of the date first above written.
Contractor
Client
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
Name and Address Name and Address
__________________________________ __________________________________
Telephone Telephone
__________________________________ __________________________________
Fax and e-mail Fax and e-mail
__________________________________ __________________________________
(Signature) (Signature)
__________________________________ __________________________________
(date) (date)
