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You Have Your Rules. I Have Mine. We Also Both Have Lawyers, And They Probably Make More Than Either Of Us. So Let's Keep Them Out Of This.
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I
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promise we'll be the best of friends once you agree to the following, and I'll send you the real one to sign when you hire me...
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Your signature authorizes me to write copy for the project described, for the fee listed. The project will commence upon receipt of the Advance Retainer. The Advance Retainer is non-refundable, non-negotiable and non-transferable. If you cancel before work commences a 25% kill fee will be deducted from the Advance Retainer.
All rights to the material (the project) I create or modify for you, or on your behalf, will transfer completely to you only upon receipt of the final payment. Until the final payment is received the copyright to all material (the project) I create or modify pursuant to this contract will be owned entirely and without reservation by me or my assigns.
One revision is included if assigned within 15 days of your receipt of the copy and if not based on a fundamental change in the assignment made after the copy is submitted. If no revisions are requested within the allotted time the project will be considered finished, delivered, and completed to your satisfaction. Should you choose to terminate the project at any time and for any reason prior to completion, I will be entitled to full payment for all time invested to that point, at a rate of $100 per hour.
Final payment is due net 15 days upon receipt of invoice. Any unpaid balance will accrue an interest at a rate of 2% per month.
Upon receipt of the final payment a 30-day pledge will take effect. The 30-day pledge allows you to request one additional revision at no additional charge.
Any additional work requested on the project after the 30-day pledge period has ended will be billed at the rate of $100 per hour.
You acknowledge that I am entering into this agreement with you, your company, your representatives or your assigns as an independent contractor and not as an employee. As such I will not be considered an employee of your company or business with regard to any laws, such as, but not limited to, federal, state or local income tax withholding laws.
You agree that I have not expressed any promises, warranties or guarantees, either implied or stated in regard to my work other than that I will extend my best efforts towards its completion.
To the extent that the work being performed for you relies upon, references or uses any name, trademark, or other intellectual property belonging to any third party, you warrant that you have obtained all necessary right, license or interest in such intellectual property, and have obtained all necessary consents in order that I may use that intellectual property.
You also agree that you will defend, indemnify, save and hold me completely harmless from any and all costs, loses, claims, demands and liabilities, including all attorney's fees, as well as any errors, omissions and infringements arising from publication, dissemination and use of those materials I create for you, your company, your representatives and assigns, as well as any liabilities asserted against me or any of my assigns, that may arise or result from any service offered, performed or agreed to be performed, or from any product or service sold by you, your company, your representatives or your assigns, in any way.
You also agree to grant me the unlimited, non-exclusive-right to use copies of your project, at my discretion, for promotional and marketing purposes only.
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Barry@WritingWithPersonality.com
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