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Contract Writer Agreement
AGREEMENT made on [Date] by and between [Name] of [Address] hereinafter referred to as "Writer", his or her heirs, executors, administrators, successors and assigns; and [Name] of [Address] hereinafter referred to as the "Work", his or her heirs, executors, administrators, successors and assigns;
Concerning a Work presently titled:
In consideration of the mutual covenants herein contained, the parties agree as follows:
1. Origination of material. It is agreed that the Author will supply all information that the Writer may require to complete the Work.
2. Credit. The text and credits are to be framed so as to give the Author full and sole credit as author of the Work. Writer agrees to keep the nature of Writer's contribution and the fact that the Work will be published under the name of Author, strictly confidential.
3. Costs. If, for the preparation of illustrations for the Work, it is necessary to engage artists or photographers, the costs of such work are to be borne entirely by the Author. Otherwise, the entire work and cost of preparing a manuscript fit for publishing, such as research, typing and photocopying, shall be undertaken by the Writer.
4. Copyright clearances. Writer is responsible for securing any copyright clearances for material used.
5. Proofreading. The responsibility of reading and correcting proofs shall be undertaken by the Writer.
6. Frontmatter and backmatter. The responsibility of compiling the frontmatter and backmatter shall be undertaken by the Writer
7. Copyright in Work. The copyright for the finished work is to be held solely by the Author; all royalties resulting from the sale of the Work, or from the sale of subsidiary rights, are to go to the Author.
8. Competing works. Writer agrees not to use information gained during the preparation of this work to write any competitive work on the same or any allied subject.
9. Ideas, and trade secrets. Writer acknowledges that all confidential ideas for the Work have been supplied by Author and are the exclusive property of Author. Writer acknowledges access to certain of Author's trade secrets.
10. Locating a publisher. Writer shall be responsible only for writing a manuscript fit for submission to publishers. The work and expense of finding a market for it shall be undertaken by Author.
11. Manuscript acceptability. Writer shall submit a manuscript which is satisfactory to Author in form and content;
(a) Acceptability of the written Work shall be at the sole discretion of Author.
(b) Work may be stopped at any time by the Author.
12. Work timetable and fees. For completing the manuscript, in form fit for submission to publishers, Author will pay Writer the total sum of dollars [$------]. The manner of payment shall be as follows:
A. On completion of this agreement, and before commencement of the work, an advance of [$------].
B. On completion of the first draft, [$------].
C. On completion of the second draft, [$------].
D. On completion of the final draft, [$------].
E. On completion of proofreading and indexing, [$------].
F. And any previously approved, mutually agreed upon expenses.
These fees are full and complete and Writer fully understands there will be no further compensation or royalties.
13. Work for hire. This is a "work for hire" in which Author owns all copyright interests, and Writer assigns all of same to Author.
14. Term. This contract shall run for the copyright life of the book.
15. Interpretation. Regardless of the place of its physical execution, this Agreement shall in all respects be interpreted, construed and governed by the laws of the State of [State].
16. Modification or waiver. This agreement constitutes the complete understanding of the parties. This Agreement may not be modified or altered except by written instrument executed by the Author and the Publisher. No waiver of any term or condition of this Agreement or of any breach of this Agreement or of any part thereof, shall be deemed a waiver of any other term or condition of this Agreement or of any later breach of the Agreement or of any part thereof.
17. Arbitration. If any difference shall arise between the Author and the Writer touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of two persons (one to be named by each party) or their mutually agreed umpire, in accordance with the Rules of the American Arbitration Association; judgment on the award rendered may be entered in any court having jurisdiction thereof.
18. Disputes-attorneys fees. In any action upon this agreement, including litigation and arbitration, the party which prevails will have all attorneys fees and costs paid by the losing party.
19. Good faith. This contract is being entered into in good faith.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]