WRITING AGREEMENT
This Writer Agreement (the “Agreement”), dated this ……………day of ………..20… is entered into by ……………..(Writer’s name], an individual residing in…….. [address], (the ” Writer”), and ……….[Client name], an individual residing in ……[address], (the “Client”).
Whereas, the Writer and the Client desire to establish the terms and conditions under which the Writer shall provide services to the Client, the parties agree as follows:
- Scope of Work.
Writer agrees to submit written articles (hereafter referred to as “Articles”) to Client on topics specified by Client. Writer shall submit Articles in accordance with any deadlines agreed upon by both Client and Writer and in a form satisfactory to Client.
- Term
This Agreement shall commence from the date this Agreement is signed by both parties and shall continue until the scope of work agreed by the Parties is completed (such period, as it may be extended or sooner terminated in accordance with the provisions of Clause 8.
- Relationship
The parties expressly agree and acknowledge the relationship created by this Agreement is one of an independent contractor (Writer) and party commissioning particular written works for hire (the Client). The Client is not the employer of Writer, and Writer is not, and will not be treated as, an employee of the Client.
Further, this Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto, nor shall either of the parties hold itself out as such contrary to the terms hereof by advertising or otherwise nor shall either of the parties become bound or become liable because of any representation, action or omission of the other.
- Compensation
Client agrees to pay Writer $_____ per ______ (word/article/hour). If the parameters of the work changes, or if it involves much more time than originally estimated, Writer will inform Client and they can renegotiate the rate.
- Representations and Warranties of Writer
For each and every Article Writer submits to Client, Writer represents and warrants that he or she is the sole author of the Article and the Article:
- is Writer’s original work;
- is not in the public domain;
- is not owned in whole or in part by any third party;
- is accurate and truthful to the best of Writer’s knowledge; and (e) has not been previously published in any manner or medium, specifically including, but not limited to, print or electronic means.
- Changes and Additions to materials submitted by Writer
Writer agrees that the Client may make any changes or additions to the Article(s) prepared by Writer, which the Client in its sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to Writer.
- Deadline
Writer will have {amount} of the work done by { indicate deadline date}.
The Client may review the deadline as per his/her preference and shall communicate the same to the Writer.
- Termination
This Agreement may be terminated prior to the end of the Service Period in the following manner:
(a) by either the Writer or the Client upon not less than (30) days prior written notice to the other party;
(b) by the non-breaching party, upon twenty-four (24) hours prior written notice to the breaching party if one party has materially breached this Agreement; or
(c) at any time upon the mutual written consent of the parties hereto.
- Confidentiality
Writer acknowledges that he/she may be furnished or may otherwise receive or have access to information which relates to the Client’s past, present or future products, vendor lists, creative works, marketing strategies, pending projects and proposals, and other proprietary information which gives the Client an opportunity to acquire an advantage over its competitors who do not know or use it (the “Proprietary Information”). Writer agrees to preserve and protect the confidentiality of the Proprietary Information. In addition, Writer shall not disclose or disseminate the Proprietary Information to any third party.
- Assignment and Ownership of Intellectual Property
Writer expressly acknowledges that the Article(s) contributed by Writer, and Writer’s services hereunder, are being specially ordered and commissioned by Client. The parties acknowledge that any Article(s) contributed by Writer hereunder shall be considered “works made for hire” under Denmark copyright law. Client shall be the sole and exclusive owner of all rights and title in and to the results and proceeds of Writer’s contributions hereunder, at whatever stage of completion. Client shall have the right to copyright the Article(s) in its own name as author and proprietor thereof, to publish the Article, in any tangible medium of expression, now known or later developed, including without limitation the rights to archive, republish, edit, repackage or revise any Article in any manner as Client sees fit.
- Indemnification.
- General Provisions
- Governing Law.-This Agreement is governed by applicable law and regulations of the Denmark, without regard for its choice of law provisions.
- Entire Agreement– This Agreement represents the parties’ entire understanding with respect to the Agreement and supersedes any prior agreements or discussions, written or oral regarding same.
- Amendments- This Agreement may be modified only by written amendment signed by the parties’ or their representatives.
- Severability- Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Writer and the Client agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.
- Force Majeure- Neither party shall be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, or failure of third party power or telecommunications networks, provided that the delayed party:
- Gives the other party prompt notice of such cause; nd
- Uses its reasonable commercial efforts to promptly correct such failure or delay in performance.
- Dispute Resolution-The Parties agree to attempt initially to solve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations. If the Parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by a final and binding Arbitration/Mediation/Court (Pick one)
The undersigned agree to the terms of this Agreement.
________________________________ _______________________
Client Name Writer Name
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Client Signature Writer Signature
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