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Author Services Agreement

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Author Services Agreement

This Author Services Agreement ("Agreement") is entered into as of by and between:

Author Name:

Client Name:

WHEREAS

WHEREAS, Client desires to engage Author to perform certain writing, editing, and related creative services in connection with the Project identified below; and

WHEREAS, Author is willing to provide such services on the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend that the services and deliverables produced under this Agreement will be governed by the terms below.

PROJECT IDENTIFICATION

SCOPE OF WORK

Author shall perform the services described below (the "Services") and shall deliver the deliverables specified. The Services shall include, without limitation, writing original text, revisions, research, editorial consultation, and any other tasks expressly agreed in writing.

DELIVERABLES AND ACCEPTANCE

Author shall deliver completed work in the formats and by the milestones specified in the Scope of Work. Client shall have a reasonable period, not to exceed days after delivery to review and either accept the deliverable or provide written notice of requested revisions. Acceptance shall not be unreasonably withheld.

PAYMENT TERMS

Late Payment: Unpaid amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, calculated from the invoice due date until paid in full. Client shall also reimburse Author for any reasonable collection costs incurred.

TERM AND TERMINATION

Term: This Agreement commences on and continues until unless earlier terminated as provided herein.

Termination for Convenience: Either party may terminate this Agreement without cause upon days' prior written notice to the other party. Termination shall not relieve Client of the obligation to pay for Services performed and accepted prior to termination.

Termination for Cause: Either party may terminate for material breach if such breach remains uncured for thirty (30) days after written notice specifying the breach.

CONFIDENTIALITY

Each party shall maintain in confidence all nonpublic information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Confidential Information excludes information that is (a) publicly known through no breach of this Agreement, (b) rightfully received from a third party without restriction, or (c) independently developed without use of the disclosing party's Confidential Information. The receiving party shall use such Confidential Information only to perform its obligations under this Agreement and shall not disclose it except to employees, contractors or advisors who need to know and who are subject to confidentiality obligations no less protective than those herein.

INTELLECTUAL PROPERTY; OWNERSHIP

Unless otherwise agreed in writing, Author shall retain copyright in any original literary works created by Author. Author hereby grants Client a non-exclusive, worldwide license to use, reproduce, distribute and display the Deliverables for the purposes set forth in this Agreement. If the parties agree that any Deliverable is to be a work made for hire, such intention shall be expressly confirmed in writing and accompanied by appropriate compensation.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Author represents and warrants that (a) the Services and Deliverables will be original to Author and will not infringe the rights of any third party; (b) Author has full power to enter into this Agreement and to grant the rights herein; and (c) all Services will be performed in a professional and workmanlike manner in accordance with industry standards.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party agrees to indemnify and hold harmless the other from third-party claims arising out of the indemnifying party's breach of its representations, warranties or obligations under this Agreement, except to the extent such claims result from the indemnitee's gross negligence or willful misconduct. Except for a party's breach of confidentiality or indemnity obligations, neither party shall be liable for indirect, incidental, consequential, special or punitive damages, and each party's aggregate liability shall not exceed the total amounts actually paid or payable to Author under this Agreement in the twelve (12) months preceding the claim.

NOTICES

Notices shall be in writing and shall be deemed given upon personal delivery, one business day after delivery to an overnight courier, or three business days after deposit in the U.S. mail, postage prepaid, to the addresses set forth above or to such other address as either party may specify in writing.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall first attempt to resolve disputes through good faith negotiation. If unresolved, disputes shall be resolved by binding arbitration conducted in the county of the chosen governing state, unless the parties agree otherwise in writing.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including all schedules and attachments incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment or modification shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

Independent Contractor: Author acknowledges that Author is an independent contractor and not an employee of Client. Author is responsible for all taxes and withholdings arising from payments made under this Agreement.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Author:

By:

Date:

Client:

By:

Date:

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What an Author Services Agreement Covers

An Author Services Agreement is a bilateral contract that documents the relationship between an author and a service provider offering editorial, marketing, design, distribution, or related publishing services. It defines scope of work, deliverables, fees, payment schedule, intellectual property assignment or license, warranties, confidentiality, revision rights, termination conditions, and governing law. The agreement can allocate responsibility for tax reporting, specify dispute resolution, and include exhibits such as schedules of services or sample deliverables. Many parties execute these agreements electronically where legally permitted under federal and state e-signature laws.

Why a Clear Agreement Matters for Authors and Providers

A written Author Services Agreement reduces ambiguity about deliverables, timing, and payment, protects intellectual property rights, and sets remedies for breach. Properly executed documents support enforceability under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA frameworks where applicable, making them suitable for electronic execution and long-term recordkeeping.

Why a Clear Agreement Matters for Authors and Providers

Who Commonly Uses an Author Services Agreement

Typical users range from independent authors to small presses and freelance service providers who need formalized service terms.

  • Independent authors coordinating editing, cover design, and marketing who need scope and pricing clarity.
  • Freelance editors, designers, and publicists contracting with authors or small presses for defined deliverables.
  • Literary agents and small publishers who manage rights, distribution, and revenue splits for multiple titles.

A clear agreement helps agents, editors, and platforms reduce disputes and streamline payment and rights management.

Essential Clauses to Include

A professional Author Services Agreement contains clauses that allocate rights, define services, and set financial and operational expectations. Each clause should be explicit about scope, timing, and legal consequences.

Scope of Services

Describe specific services (editing, design, distribution), milestones, and excluded tasks. Precise scope prevents disputes over additional work and billing.

Payment Terms

State fees, deposit amounts, invoicing cadence, late fees, and reimbursement of expenses. Define currency, payment method, and any milestone-based disbursements.

Rights & Licenses

Clarify whether the author assigns copyright or grants a limited license, specify territorial scope, duration, and rights retained by the author.

Deliverables & Schedule

List deliverables with acceptance criteria, delivery dates, and revision limits. Tie payments to accepted milestones when appropriate.

Warranties & Indemnities

Include author warranties (originality, no third‑party claims) and mutual indemnity for IP infringement or third‑party claims.

Termination & Remedies

Define termination for convenience and breach, cure periods, refund rules, and post‑termination obligations like return of materials or outstanding payments.

Security, Compliance, and Records

Encryption: AES-256 at rest
In-Transit: TLS 1.2/1.3
Certifications: SOC 2 Type II, ISO 27001
HIPAA BAA: Available on request
Audit Trail: Timestamps and IP logs
Access Controls: Role-based permissions, 2FA

Step-by-Step: Preparing and Executing the Agreement

Follow a clear sequence from drafting to record retention to reduce execution errors and speed up delivery of services.

  • 01
    Draft the Agreement: Assemble scope, fees, and schedules in a single document.
  • 02
    Review Terms: Confirm IP assignment and payment milestones with counsel or agent.
  • 03
    Add Signers: Enter signer names, roles, and authentication requirements.
  • 04
    Execute & Archive: Obtain signatures, save final copies, and preserve audit trails.

Configuring an Online Signing Workflow

Set up a repeatable workflow in your e-signature platform to place fields, enforce signer order, and capture required authentication.

Field Configuration
Signer Order Sequential or parallel signer sequence per contract
Authentication Email link, SMS code, or stronger KBA as needed
Notification Auto-reminders and status emails for outstanding signatures
Storage Secure cloud archive with audit trail retention

Typical Digital Execution Flow

A concise, repeatable process helps ensure all parties sign with clear attribution and a preserved audit trail.

  • Upload Document: Add final agreement PDF or DOCX to platform
  • Place Fields: Insert signature, date, and initial fields
  • Send to Signer: Email or share a secure signing link
  • Capture Audit Trail: System records IP, timestamp, and actions

Digital Signing and Integration Considerations

Choose a platform that supports required authentication, audit trails, and secure storage to preserve enforceability of the executed agreement.

  • Integrations: Salesforce, Microsoft 365, Google Workspace
  • File Formats: PDF, Word DOCX, and exportable audit logs
  • Authentication: Email, SMS code, or KBA options

Key Dates and Deadlines to Track

Maintain a centralized schedule tied to the agreement: effective date, payment milestones, delivery deadlines, revision windows, and termination notice periods.

Effective Date:

Date when party obligations commence

Payment Schedule:

Due dates for deposits, milestones, and final payment

Delivery Deadlines:

Dates for deliverables and acceptance periods

Revision Window:

Timeframe allowed for revisions after delivery

Termination Notice:

Number of days for termination for convenience

Common Mistakes to Avoid

  • Leaving the scope vague which leads to disputes over additional work and billing disagreements between author and provider.
  • Failing to address intellectual property transfer or license terms, causing uncertainty about future publishing or derivative rights.
  • Omitting a clear acceptance process for deliverables, which can delay final payment and completion of the project.
  • Neglecting to specify governing law and dispute resolution, increasing risk and cost if litigation or arbitration arises.

Practical Risks and Legal Consequences

Contract Voidability: Improper execution may jeopardize enforceability
IP Disputes: Unclear assignments can trigger copyright litigation
Tax Withholding: Missing TIN may trigger 24% backup withholding
Late Payment Costs: Accrue interest or collection fees
Data Exposure: Poor security can breach confidentiality
Regulatory Noncompliance: Healthcare or education rules may add penalties

eSignature Pricing and Feature Comparison

Compare common pricing and feature criteria across vendors; signNow appears first to show competitive starting price and features relevant to agreement execution.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Real-World Examples of Author Services Agreements in Use

Cases show how a clear agreement speeds execution and reduces disputes for both service providers and authors.

Optica Ventures (COO)

The interface is simple for our team and customers.

  • Provider integrated signing into workflows to reduce manual steps.
  • Rapid adoption across teams led to faster contract turnaround and fewer errors, improving client satisfaction and internal throughput.

Fertility Centers of Illinois (Founder)

The API has been great for our needs.

  • Integrated signing and storage with internal systems.
  • Using electronic execution preserved audit trails, improved compliance posture, and allowed staff to focus on core operations rather than paper handling.

Frequently Asked Questions

Answers to common questions about execution, enforceability, notarization, and post-signature changes to an Author Services Agreement.


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