FREELANCE WRITER AGREEMENT
This agreement (the "Agreement") is entered into by ________________________ ("Writer"), and Thou Curator.
In consideration of the mutual covenants made herein, the parties agree as follows:
Writer is engaged in the business of writing articles and other materials on a freelance basis. Thou Curator is engaged in the business of content publication.
The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Thou Curator is not the employer of Writer, and Writer is not, and will not be treated as an employee of Thou Curator for federal tax purposes, or any other purposes.
This agreement will begin on the date set forth below and shall continue until terminated as provided by either party. If either party violates a term of this Agreement, then the other party (the "Non-breaching Party") may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time for any or no reason.
Services to be Provided by Writer.
Writer agrees to submit, on his or her sole initiative, written articles to Thou Curator on subjects chosen by Writer from a topic list provided by Thou Curator (the "Articles"). Writer will submit Articles in accordance with the deadline schedule being used by Thou Curator.
Representations and Warranties of Writer.
By submitting an Article to Thou Curator, Writer represents and warrants that the Article is Writer’s original work, that the Article is not owned by any third party, that the Article is accurate, that the Article has not been obtained by unlawful means, that the Article has not been previously published in any manner or medium, specifically including, but not limited to, print or electronic means, and that publication of the article by Thou Curator will not violate any copyright or other intellectual property right of any third party.
Thou Curator agrees to pay Writer per word for each Article published by Thou Curator. Under no circumstances will Writer be paid on an hourly, daily or other basis that is a function of time. Writer acknowledges and agrees that Thou Curator will only pay Writer for Articles that are published and Thou Curator has the sole and exclusive authority to determine whether or not to publish any and all Articles submitted by Writer. Thou Curator agrees to pay Writer per photograph published in conjunction with an Article; however, Writer understands and agrees that Thou Curator may publish, at its sole discretion, any number of photographs less than or equal to those submitted by Writer with the Article. Writer understands that Thou Curator may publish photographs with article that were not submitted by Writer. Thou Curator agrees to pay Writer per minute of video published in conjunction with an Article; however, Writer understands and agrees that Thou Curator may publish, at its sole discretion, any selected frames of videos less than or equal to those submitted by Writer with the Article. Writer understands that Thou Curator may publish video with article that were not submitted by Writer.
As an Independent Contractor, Writer shall be responsible for the reporting, deposit and payment of any and all federal, state, and local taxes, including but not limited to income taxes, FICA taxes, and unemployment taxes incidental to the performance of, or payment under this Agreement.
Assignment and Ownership of Intellectual Property.
Writer hereby understands and agrees that all Articles submitted to, and published by, Thou Curator under this Agreement shall be considered works for hire, and further, to the extent any intellectual property right does not pass pursuant to a work for hire, Writer hereby assigns to Thou Curator all rights to publish the Article, and all previously submitted articles of Writer, in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including without limitation the rights to archive, republish, edit, repackage or revise any Article in any manner as Thou Curator sees fit. Writer foregoes the right to be explicitly named or otherwise associated with Article and understands that services constitute ghostwriting. The rights conferred upon Thou Curator by this agreement shall be exclusive to Thou Curator after the first date Thou Curator initially publishes the Article. This Agreement is entered into on this _____ day of __________, 20___.