Writer's Agreement Template

WRITER'S AGREEMENT

This Writer's Agreement (the Agreement) is entered into as of Effective Date: by and between Writer Name: and Client Name: .

RECITALS

WHEREAS, Writer is engaged in the creation of original written material and possesses the skill and expertise to prepare the written work described below (the Work); and

WHEREAS, Client desires to engage Writer to prepare the Work and to acquire certain rights in and to the Work on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the scope of services, delivery schedule, compensation, and ownership or license of rights in the Work.

NOW, THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

"Work" means the written material to be delivered by Writer to Client pursuant to Section 2, including any drafts, outlines, notes, and final manuscript described as Project Title: .

2. ENGAGEMENT; SERVICES

Writer shall create, prepare and deliver the Work in the form and manner set forth in this Agreement. The specific requirements for the Work are described below and in any attachment incorporated by reference. A brief description of the Services:

Delivery Format (e.g., file type, word count):

3. DELIVERY AND ACCEPTANCE

Writer shall deliver the Work in accordance with the delivery schedule. Client shall have Acceptance Period: days from delivery to review the Work and either accept it or provide a written list of deficiencies. If no deficiencies are timely provided, the Work will be deemed accepted.

4. COMPENSATION

As full compensation for the Services, Client shall pay Writer the Fee Amount: $ in accordance with the Payment Schedule described below.

Royalty or contingent compensation (if any): . Expenses approved in advance by Client will be reimbursed upon submission of receipts.

5. RIGHTS GRANTED; COPYRIGHT

The parties agree that the parties will select one of the following options by checking the applicable box and, if applicable, completing the related fields:

Assignment of copyright in the Work to Client upon full payment. If checked, Writer assigns to Client all right, title and interest in and to the Work, including copyrights and renewals.
Non-exclusive license to Client. If checked, Writer grants Client a non-exclusive, worldwide, perpetual license to use, reproduce, distribute and create derivative works as described in the license scope below.

To the extent permitted by law, Writer hereby waives any moral rights (droit moral) in the Work and agrees not to assert any such rights against Client, its licensees or assigns.

6. WARRANTIES AND REPRESENTATIONS

Writer represents and warrants that: (a) the Work is original to Writer and has not been copied in whole or in part from any other work; (b) Writer has full power and authority to enter into this Agreement and to grant the rights granted herein; (c) the Work does not infringe the intellectual property, publicity, privacy or other rights of any third party; and (d) no contractual obligations to third parties conflict with Writer's obligations under this Agreement.

7. INDEMNIFICATION

Writer shall indemnify, defend and hold harmless Client and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of any breach of Writer's warranties in Section 6 or any claim that the Work infringes a third party's rights.

8. CONFIDENTIALITY

Each party shall keep confidential and shall not disclose any confidential or proprietary information received from the other party except as necessary to perform its obligations under this Agreement. The confidentiality obligation shall survive termination of this Agreement for Confidentiality Period (years): .

9. REVISIONS; CORRECTIONS

Writer shall make up to Number of Revisions: rounds of revisions to address reasonable comments from Client. Additional revisions shall be billed at a rate agreed in writing by the parties.

10. TERMINATION

Either party may terminate this Agreement upon material breach by the other party if such breach is not cured within Cure Period (days): after written notice. Upon termination for convenience by Client, Client shall pay Writer for all Services performed through the effective date of termination.

11. NOTICES

All notices required under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party may designate in writing. Notices shall be deemed given when delivered personally, by overnight courier, or three business days after deposit in the mail.

12. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended or modified only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

Entire Agreement: This Agreement, together with any exhibits or attachments signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

MISCELLANEOUS

Relationship of Parties: The relationship of the parties is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between the parties.

Publicity: Neither party shall use the other party's name, logo, or trademarks for promotional or advertising purposes without the other party's prior written consent, except that Client may credit Writer in published materials.

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