This Contributor Agreement is made on ______________________ (the “Effective Date”) by and between Kris Wallace (the “Writer) and ___________________ (the “Contributor”), collectively “Parties”.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Parties agree as follows:
- Grant of license
The Contributor hereby grants the Writer a worldwide, non-exclusive right and license throughout the world, license (with rights to sublicense through multiple tiers of sublicenses) to practice such non-assignable rights, including, but not limited to the right to market, promote, and distribute through selling and or granting non-exclusive licenses to each story recorded by the Writer for the Holy Shit Coincident project.
The Writer will interview the Contributor on divine communications and the story will be published on a book, podcast or other ways. The story recorded will help readers and listeners recognize their own experiences.
The Writer will give the Contributor an opportunity to review the story before publication.
In consideration of your contribution towards authorship, the Contributor will receive a copy of the book if she/he so wishes. The Contributor will not receive any monetary compensation for the work. However, 5% of the net profits acquired from the sale of the books or publishing of the podcasts will be channeled towards charity WATER.
The Contributor will have a maximum of 10 days after the interview to cancel the agreement. Should 10 days lapse with no communication from the Contributor, the Contributor will have implied that he/she has granted permission to the Writer to publish his/her story.
- Representations and Warranties
The Writer represents that he has the freedom to either use direct quotes or pieces of your story in a general way.
The Writer represents and warrants that the stories will be used in a positive and impactful way to encourage the readers and listeners to pay attention to the messages they may receive.
You represent that you are legally entitled to grant the above license.
You represent that each of Your Contributions is your own story. You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination by either.
UNDER NO CIRCUMSTNACES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUES OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
- Legal and Binding Agreement
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Agreement.
If a dispute arises during or after the term of this Agreement between the Writer and Contributor, they shall agree to hold negotiations amongst themselves, in “good faith”, before any litigation.
- Governing Law and Jurisdiction
The Parties agree that this Agreement shall be governed by the Minnesota.
- Entire Agreement
The Parties acknowledge and agree that this Agreement represents the entire agreement between the parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their signature as follows:
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