proposals a few years back and it was great to have a template to remind me of the critical components that needed to be included. The kit helps to win business, but at the same time it helps to protect my business by including the critical contractual components of the proposal."
COPYRIGHT AGREEMENT I Original Author do hereby swear and attest that the following is true and accurate. I reside at Insert current address information here I am the Original Author of the following list of works and materials see complete copies attached as Exhibit which were created between Insert period of time during which copyright was established or when authorship took place for Insert intent or reason for creation. publication works for hire resale Insert brief history of the creation or lifecycle of the documents or original work. Insert any registrations copyright dates publication dates or other supporting evidence if available. Library of Congress copyright registration certificates will have number such as. TX XXX XXX. Copies of all registrations and publication dates have been attached as Exhibit B. Further the following list of works provided to Company by the Author are not original works i. e. they are Non Original Works or Authors claim to ownership cannot be verified and shall be identified as such. Copies of all Non Original Works submitted to Company by Author have been attached as Exhibit E. Nothing in the works and materials listed in Exhibit contains any content that infringes or violates any intellectual property rights of any third party or author. Further nothing contained within the work or materials or any part or operation of the materials will cause the use reproduction resale or transfer of the rights to the materials to infringe upon the intellectual property rights of any third party.
I hereby grant and quitclaim to company name the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit in whole or in part either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction the materials listed in Exhibit currently owned or created by me or in which my labor is included; to alter the same without restriction; and to copyright the same. understand and agree that company name may or may not use my name in conjunction with the materials as company name so chooses. I hereby release and discharge company name and its agents representatives and assigns from any and all claims obligations or demands arising out of or in connection with the use of the materials listed in Exhibit whether monetary or otherwise. Signature. Printed Name. Dated.
EXHIBIT E ADDITIONAL SERVICES The project will contain the following additional services. A. Describe each additional service to be included in the project per the terms of the contract and proposal
WRITERS COPYRIGHT DEVELOPMENT AND TRANSFER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Publishers and contract first name contract last name Writer Agreements IN CONSIDERATION of the promises and mutual covenants and agreements set forth herein the parties agree as follows. 1. Engagement of Services. Writer agrees to perform the following services for Publisher in the following manner. a Writer shall author or edit and submit to Publisher written articles columns questions and answers resource listings checklists and forms as may be requested dealing with Insert Issues Writer is Dealing With issues pertaining to Insert Title of the Project the Work Product Publisher shall provide Writer with resource materials and the theme target audience and suggested issues and sub issues to be addressed. Unless specified otherwise the Work Product shall be prepared in accordance with the written guidelines of Publisher and formatted in 12pt. Arial single spaced. b Unless otherwise agreed articles shall be Insert Page Length of Project pages in length as is necessary to address key issue of the topic the article. Writer is responsible for the factual correctness of the information contained in the articles.
c The Articles shall be the original work of Writer and shall not infringe upon the copyrights of others. Writer agrees to perform the services in professional manner to complete each article within one week and to make any revisions or changes requested by Publisher in accordance with Section 2. 1. When necessary Writer may request an extension of time beyond one week either orally or in writing. Email transmission of written request will be acceptable. d Writer may not subcontract or otherwise delegate their obligations under this Agreement without Publishers prior written consent. e Writer has the right to refuse any and all assignments. f Writer will submit authored and edited Work Product to Publisher via email and will converse via email telephonically or in person as necessary regarding the same. 2. Compensation. 2 Fees and Approved Expenses. Publisher will pay Writer the fee of fixed rate per page for main body of original written text questions and answers columns and checklists. Writer will not be reimbursed for any expenses incurred in connection with the performance of services under this Agreement unless Publisher approves those expenses in advance and in writing.
2 Payment Due. Publisher will review the Work Product within five business days after receiving it from Writer to ensure that it meets the requirements stated in Section 1. If Publisher does not give written notice of rejection or requests for modification within that time period the Work Product will be deemed accepted. Publisher will pay Writer for the services and will reimburse Writer for previously approved expenses within ten business days of acceptance. 3. Independent Contractor Relationship. Publisher and Writer understand acknowledge and agree that Writers relationship with Publisher will be that of an independent contractor and nothing in this Agreement is intended to or should be construed to create partnership joint venture or employment relationship. 4. Trade Secrets and Confidential Information.
4 Third Party Information. Writer represents that their performance of all of the terms of this Agreement does not and will not breach any agreement to keep in confidence proprietary information knowledge or data of third party and Writer will not knowingly disclose to Publisher or induce Publisher to use any confidential or proprietary information belonging to third parties unless such use or disclosure is authorized in writing by such owners. 4 Confidential Information. Writer agrees during the term of this Agreement and thereafter to take all steps reasonably necessary to hold in trust and confidence information which they know or has reason to know is considered confidential by Publisher Confidential Information Writer agrees to use the Confidential Information solely to perform the projects hereunder. Confidential Information includes but is not limited to technical and business information relating to Publishers products research and development processes and future business plans. Writers obligations with respect to the Confidential Information also extend to any third partys proprietary or confidential information disclosed to Writer in the course of providing services to Publisher. This obligation shall not extend to any information that becomes generally known to the public without breach of this Agreement. This obligation shall survive the termination of this Agreement. 5. Ownership of Work Product. 5 Definition.
Work Product means the works of authorship conceived or developed by Writer while performing the project services under this Agreement and prior works described in Section of this Agreement. 5 Assignment. Writer hereby irrevocably assigns conveys and otherwise transfers to Publisher and its respective successors and assigns all rights title and interests worldwide in and to the Work Product and all copyrights contract and licensing rights and claims and causes of action of any kind with respect to any of the foregoing whether now known or hereafter to become known. In the event Writer has any rights in and to the Work Product that cannot be assigned to Publisher Writer hereby unconditionally and irrevocably waives the enforcement of all such rights and all claims and causes of action of any kind with respect to any of the foregoing against Publisher its distributors and customers whether now known or hereafter to become known and agrees at the request and expense of Publisher and its respective successors and assigns to consent to and join in any action to enforce such rights and to procure waiver of such rights from the holders of such rights. In the event Writer has any rights in and to the Work Product that cannot be assigned to Publisher and cannot be waived Writer hereby grants to Publisher and its respective successors and assigns an exclusive worldwide royalty free license during the term of the rights to reproduce distribute modify publicly perform and publicly display with the right to sub license through multiple tiers of sub licenses and the right to assign such rights in and to the Work Product including without limitation the right to use in any way whatsoever the Work Product. Writer retains no rights to use the Work Product except as stated in Exhibit and agrees not to challenge the validity of the copyright ownership by Publisher in the Work Product. 5 Name Recognition. Writer shall receive Name Recognition as author on all articles and columns. Recognition will be clear and conspicuous. In the event that Publisher assigns or licenses said articles or columns to any third party ies Publisher will use their best efforts to ensure Writer receives proper Name Recognition. In all circumstances proper Name Recognition is considered as follows.
Insert the writers copyright to be included in the project. 5 Creative License. Writer shall have final review of their Work Product before publishing. If Writer finds the finished Work Product to be unsatisfactory Writer may choose not to receive Name Recognition in accordance with Section 5. 3. 5 Power of Attorney. Writer agrees to assist Publisher in any reasonable manner to obtain and enforce for Publishers benefit copyrights covering the Work Product in any and all countries. Contractor agrees to execute when requested copyright or similar applications and assignments to Publisher and any other lawful documents deemed necessary by Publisher to carry out the purpose of this Agreement. Writer further agrees that the obligations and undertaking stated in this Section will continue for one year after the termination of this agreement beyond the termination of Writers service to Publisher. If called upon to render assistance under this Section Writer will be entitled to fair and reasonable fee in addition to the reimbursement of authorized expenses incurred at the prior written request of Publisher. In the event that Writer is unable for any reason whatsoever to secure Writers signature to any lawful and necessary document required to apply for or execute any copyright or other applications with respect to any Work Product Writer hereby irrevocably designates and appoints Publisher and its duly authorized officers and agents as his or her agents and attorneys in fact to act for and in their behalf and instead of Writer to execute and file any such application and to do all other lawfully permitted acts to further the prosecution and issuance of copyrights or other similar rights thereon with the same legal force and effect as if executed by Writer.
6. Warranties. Writer represents and Warrants that. a The Work Product was created solely by Writer their full time employees during their employment or independent contractors who assigned all right title and interest worldwide in their work to Writer. b Writer is the owner of all right title and interest in the tangible forms of the Work Product and all intellectual property rights protecting them. The Work Product and the intellectual property rights protecting them are free and clear of all encumbrances including without limitation security interests licenses liens charges or other restrictions. c Writer has maintained the Work Product in confidence. d The use reproduction distribution or modification of the Work Product does not and will not violate the rights of any third parties in the Work Product including but limited to copyrights trade secrets trademarks publicity and privacy. e The Work Product is not in the public domain. f Writer has full power and authority to make and enter into this Agreement.
7. Indemnification. Writer agrees to defend indemnify and hold harmless Publisher their officers directors sub licensees employees and agents from and against any claims actions or demands including without limitation reasonable legal and accounting fees alleging or resulting from the breach of the warranties in Section 6. Publisher shall provide notice to Writer promptly of any such claim suit or proceeding and shall assist Writer at Writers expense in defending any such claim suit or proceeding. 8. Prior Work. The Parties acknowledge that prior to this Agreement Writer has submitted to Publisher Work Product created as writing sample. Writer hereby irrevocable assigns conveys and otherwise transfers to Publisher and its respective successors and assigns all rights title and interests worldwide and all copyrights in and to said work and makes all warranties as set forth in Section of this Agreement with respect to said work. 9. General Provisions. 9 Entire Agreement of the Parties. This Agreement contains the entire agreement between the parties hereto with respect to the rendering of services by Writer for Publisher and supersedes any prior agreements either written or verbal. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 9 Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of state or province. 9 Good Faith and Fair Dealing. Both parties agree that they will act in good faith in all matters concerning this Agreement and that all terms of this contract are to be interpreted reasonably and in fair and equitable manner. 10. Termination. This agreement may be terminated by either party for any reason with or without cause upon thirty days written notice. Nothing in this agreement shall require Publisher to assign any specific number of assignments nor shall this agreement obligate Writer to accept any specific assignments. The purpose of this agreement is to govern the payment schedule and the rights and responsibilities of the parties for work assignments accepted by Writer. 11. Arbitration. Each party looks forward to mutually enjoyable relationship with the other. However should any controversy or claim arise out of and or relating to this contract or breach thereof which is not settled between the signatories themselves the same shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Arbitration hearings shall take place in city state or province.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof including the award to the aggrieved signatory signatories their heirs assignees and or designees for the total remuneration received as result of business conduct with the parties covered by this Agreement plus court costs attorneys fees and other charges and damages deemed fair by the arbitrator s. THE PARTIES ACKNOWLEDGE THAT THEY ARE AWARE OF THE FACT THAT BY AGREEING TO ARBITRATE THEY WAIVE ANY RIGHT THEY HAVE TO COURT OR JURY TRIAL. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. WRITER By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Writer Initials Publisher Initials
PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to. a Enter Service or Work Product Description here
b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations. Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications
b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here. Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of
Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice. The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer.
a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement.
8 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Consultant Initials