Sample Writing Contract

[M.T. Black]

Hi folks,

I've recently been engaging a number of freelance writers, so I needed to come up with an agreement. I've been using the following, based on an example from the net. I'm keen to get feedback, especially from those with industry experience.

cheers,
MTB



This is an Agreement between [NAME OF WRITER], hereinafter Writer and [Publisher], hereinafter Creative Firm.

This Agreement covers the preparation of [PROJECT TITLE OR DESCRIPTION], hereinafter the Project, and submission of ideas and materials therefor. The nature of the Project has been described in relevant emails. Writer will receive a total fee of $[FEE] upon satisfactory completion. Writer will deliver to Creative Firm on or before agreed date the Project in form and content satisfactory to Creative Firm. Fee will be paid via PayPal upon acceptance, and Creative Firm agrees to pay the transfer fee.

Writer is an independent contractor, and this work is considered work-for-hire. All concepts, ideas, drafts, copy, electronic files, and other materials related to it will become the property of Creative Firm. Writer acknowledges that Writer is creating the Project for use by Creative Firm.

At Creative Firm's sole and absolute discretion, Creative Firm may make any changes in, deletions from, or additions to the Project. Creative Firm is not under any obligation to use the Project or derivative materials. At all stages of development, the Project shall be and remain the sole and exclusive property of Creative Firm.

Writer represents and warrants to Creative Firm that to the best of their knowledge the concepts, ideas, drafts, copy, electronic files, and other materials produced do not infringe on any copyright or personal or proprietorial rights of others, and that they have the unencumbered right to enter this Agreement. Writer will indemnify Creative Firm from any damage or loss rising out of any breach of this warranty.
Writer grants Creative Firm the right to issue and authorize publicity concerning Writer and to use Writer's name and approved biographical data when distributing and advertising the Project.
Any proprietary information, trade secrets and working relationships between Writer and Creative Firm must be considered strictly confidential, and may not be disclosed to any third party.

With reasonable cause, either party reserves the right to cancel this Agreement without obligation by giving 30 days written notice to the other party of the intent to terminate. Should Writer's commission be cancelled or postponed for any reason before the final stage, Creative Firm agrees to pay a cancellation fee based on work completed.

Please indicate acceptance of the terms set forth above in an email.

 

[L R Ballard]

Greetings,

Note: Please keep in mind that I am not a lawyer. I am a university lecturer who runs a freelance editing business for academics, so this post should not be construed as legal advice. One who acts on the advice contained herein does so at his own risk and absolves me of liability.

I edit and proof academic manuscripts. Before starting a project, I email my clients an agreement that states the details of the project. The details include a bulleted list of all work that I will perform. Project details assure my clients that I know what I'm doing and that they get what they pay for.

The agreement also includes a deadline for completion of the project. One sentence names the governing authority that will resolve a legal case should a dispute arise, i.e., "the United Kingdom" or the "state of New York."

Often, I use one or more freelancers to help me with bibliographies or indexes. A freelancer is bound to the same agreement that I email to my client. Sometimes, if my client requires a nondisclosure agreement, my freelance helper(s) must agree to the NDA. My NDA is more specific than the one given in the example above.

My agreements come from top copywriters in the field of Business to Business copywriting. For example, the copywriter Bob Bly offers "The Copywriter's Toolkit," which includes a sample freelance agreement. Bly allows purchasers of the toolkit to use the agreement verbatim. I have added parts of it to my own agreement.

Please see the landing page for Bly's "Copywriter's Toolkit" here:

http://www.copywritersforms.com/

The agreement that I use in my business comes from Steve Slaunwhite's module "How to Price, Quote, and Win B2B Writing Projects." Steve's module also includes an agreement that he allows buyers to use verbatim. I have adapted Steve's agreement to fit the needs of my business.

http://www.awaionline.com/b2b/pricing/learn/how-to-quote-projects/

I know the above resources sound expensive, but they are worth it for freelance professionals. Last year, my editing business earned more than I make in a semester teaching at a top university in the US. Those agreements have helped me to help fifteen clients, most of them PhDs, publish their manuscripts with top-tier academic presses. The process always goes smoothly when I use an agreement like the ones from the products above.

So, I recommend that the author of this post invest in a copywriter's resource of some kind so that he will include in his agreements information about project details, deadlines, and so forth.

Best,
LRB

 

[M.T. Black]

Thanks LRB - this is very helpful advice, and I will have a look at the resources you have suggested.

 

[L R Ballard]

Thanks LRB - this is very helpful advice, and I will have a look at the resources you have suggested.

You're welcome. Good luck!