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FREELANCE WRITER AGREEMENT
This AGREEMENT ("Agreement") is made and effective on ______________ (MM/DD/YYYY), by and between _____________________________ (Insert the name and address of the Writer) (herein called the “Writer”) and ____________________ (Insert the name and address of the Company) (herein called the “Company”).
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
Terms
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1.
Work to be Performed: The Writer will write and submit manuscript to Company as following; Subject: Length: Schedule for submission: Writer has the sole discretion to decide the manner and method in which manuscript shall be produced. The Company reserves the right to edit and abridge as necessary.
2.
Compensation: The Company agrees to pay $_____ for the manuscript. The Company agrees to pay $____ per Photograph taken by Writer that is published in conjunction with an Article. The Company has sole discretion to decide which Article/s and photograph/s submitted by the Writer is/are to be published. Payment will be made a) within ___ days of publication or b) upon acceptance of manuscript. Kill Fee: Article scheduled for publication by______________. In the event that the Company decides not to publish the article as scheduled, it will pay the Writer $________ kill fee. All rights will then revert to Writer.
3.
Original Content: The Writer warrants that the work is original, accurate, and does not infringe on any copyright.
4.
Copyright: A: The Freelance writer retains the copyright to the specified work but grants to the Company the following rights: (choose one or more) [] First Serial Rights [] One-Time Rights [] Second Serial Rights [] Electronic Rights [] All Rights [] Subsidiary Rights [] Dramatic, Television and Motion Picture Rights B: Work to be performed as Work for Hire. All rights to remain with the Company.
5.
Conflicts of Interest; Non-hire Provision: The Freelance Writer represents that they are free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Freelance Writer and any third party. Further, the Freelance Writer, in rendering their duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which they do not have a proprietary interest. During the term of this agreement, the Freelance Writer shall devote as much of their productive time, energy and abilities to the performance of their duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Freelance Writer is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Freelance Writer shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or Freelance Writer of the Company or hire any such employee, consultant, or Freelance Writer who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
6.
Independent Contractor: The Writer is an independent contractor, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise, or (iii) allow Freelance Writer to create or assume any obligation on behalf of Company for any purpose whatsoever. Freelance Writer is not an employee of Company and is not entitled to any employee benefits. Freelance Writer shall be responsible for paying all income taxes and other taxes charged to Freelance Writer on amounts earned hereunder. All financial and other obligations associated with Freelance Writer's business are the sole responsibility of Writer.
7.
Insurance: The Freelance Writer will carry liability insurance relative to any service that they perform for the Company.
8.
Choice of Law: The laws of _____________ shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
9.
Waiver: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
10.
Assignment: The Writer shall not assign any of their rights under this Agreement, or delegate the performance of any of their duties hereunder, without the prior written consent of the Company.
11.
Modification or Amendment: No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
12.
Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
13.
Severability: If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
14.
Headings: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.



This Agreement will be governed by the laws of:
(Usually the state in which you are conducting business)
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