Parties and Assignment. This agreement (the
"Agreement") is made and entered into as of the ____ day of
__________, 2005 (the “Effective Date”) by and between
____________________________ (company name, hereafter referred to as “Client”),
having a place of business at_______________________________________________
and
James R. Musgrave (hereafter referred to as “Writer”). The
contract is in regards to professional freelance writing services to be performed
on/for the following project (s):
_________________________________________________________
_________________________________________________________
_________________________________________________________
In consideration of the mutual covenants made herein, the
parties agree as follows:
Work. Writer agrees to produce written materials such
as text and articles (the “Work”) at the request of the Client for fees agreed
upon in advance and turn in or deliver the Work by an agreed upon deadline.
Writer agrees that she will be the sole author of the Work, which will be
original work by Writer, free of plagiarism. Writer agrees to use reasonable
care to ensure that all facts and statements in the Work are true and that the
Work does not infringe upon any copyright, right of privacy, proprietary right,
right of publicity or any other right of a third party. Writer agrees that
Client has the right to edit the Work as it deems appropriate for publication,
and that Writer will cooperate with Client in editing and otherwise reviewing
the Work prior to publication. Writer will cooperate with Client if any
complaints, claims or litigation should arise regarding the Work.
Confidentiality: Writer acknowledges that he/she may be
furnished or may otherwise receive or have access to information which relates
to the Client’s past, present or future products, vendor lists, creative works,
marketing strategies, pending projects and proposals, and other proprietary
information which gives the Client an opportunity to acquire an advantage over
its competitors who do not know or use it (the "Proprietary
Information"). Writer agrees to preserve and protect the confidentiality
of the Proprietary Information and all physical forms thereof, whether
disclosed to Writer before this Agreement is signed or afterward. In addition,
Writer shall not disclose or disseminate the Proprietary Information to any
third party and shall not use the Proprietary Information for his or her own
benefit or for the benefit of any third party. Without limiting the generality
of the foregoing, Writer shall be prohibited from discussing the Client or the
Work with a representative of the press or media, either
directly or indirectly, without the Client’s express prior written approval.
Compensation:
Client agrees to pay Writer one of the following: $___________ per hour,
$ ___________ per word, or a flat fee of $___________. If the parameters of the
Work change, or if it involves much more time than originally estimated, Writer
will inform Client and they can renegotiate the rate. Writer will bill for half
of the total estimated cost when Writer begins the Work and the rest upon
completion. Writer will submit the final invoice for the Work upon receiving
approval from Client. If Writer has not received any comments or revisions
within a week of submitting a completed draft, Writer will send the invoice.
Writer requires half of the total estimate cost up front before beginning a
rush job if for a first-time client.
Writer requires a purchase order number or an initialized
agreement before beginning Work. Incidental expenses such as long distance
phone calls, postage, courier service, are absorbed by Writer. Mileage to
special events or interviews is billed at the rate currently accepted by the
IRS.
Writer is responsible for the payment of all federal, state
and/or local taxes with respect to the services she performs for the client as
an independent contractor. The Client will not treat Writer as an employee for
any purpose.
Payment and Collection:
Unless otherwise specified in writing, invoices not paid within 30 days
of the invoice date will accrue interest at 1.5% per month. Client agrees to
pay for each check returned for insufficient funds or any other reason $25 per
occurrence or 5% of the value of each returned item, whichever is greater. Client
agrees to pay all reasonable attorney’s fees (at least 15% of all amounts due,
including interest) if any account is placed with an attorney for collection.
Client agrees that the purchase of the services described herein constitutes
“doing business” in the State of California and submits itself to the
jurisdiction of the State of California with respect to any suit brought by
James R. Musgrave to collect any sums hereunder. The parties agree that the
only venue for any suit brought by either of them with respect to the services
sold hereunder shall be in the
Client Approval:
Client is responsible for written approval of work ordered (i.e., copy,
design, photography, typesetting, and other services) required for the completion
of the Work. This approval can be in the form of initials or facsimile.
Upon acceptance of the Work, client accepts responsibility for
any further processes in which this work is used (i.e., film output, printing,
etc.) Writer is not responsible for errors occurring in this work or projects
related to this work after acceptance of the Work.
Changes: Any
verbal or written changes made by Client to the scope of the Work following its
initiation by Writer are subject to additional charges. Should such changes
negate any part of the Work already completed at the time of the changes,
Client accepts responsibility for payment of the completed work and all
services related to it, in addition to charges for the change itself.
Cancellation:
Upon written or verbal cancellation, Client is responsible for payment
for all expenses incurred and any work done toward the completion of the
project based on the percentage of project completed. Should Client cancel the
project following its completion, Client is responsible for full payment as per
the above estimate plus all other expenses incurred.
I, ___________________________________ (Client company
representative), assert that I am a person employed by
___________________________________ (Client), and that I have
the authority to promise payment for the services rendered by James R. Musgrave
for the aforementioned Work. I assert that I have read, understood and agree to
the Freelance Writing Contract and Agreement.
______________________________
Customer Signature
_____________________
Date
I, James R. Musgrave (Writer) assert that I have read,
understood and agree to the Freelance Writing Contract and Agreement.
_______________________________
Writer’s Signature
_____________________
Date