along with a contract goes to show your professional standards and it is the only way for all parties to come to an agreement about the project. For a long time I’ve been searching for a package out there that would offer me both the professional look and flexibility I deserved. Proposal Kit reaches and exceeds my expectations with a solid suite of products that helped my business grow."
COPYRIGHT TRANSFER AGREEMENT For valuable consideration received undersigned hereby grant to company name Company the rights and transfer of all interest and claim to. Insert description of material here hereinafter referred to as the Material Copyright to the above listed work is hereby transferred to company name effective as of the date of this agreement including and without limitation the right to publish the work in whole or in part in any and all forms and media now or hereafter known. The undersigned retains the following rights in regard to the material. a All proprietary rights other than copyright and the publication rights transferred to company name. b The right to publish in collection journal or future works of the authors own such as articles letters or books all or part of this work provided that acknowledgement is given to company name and full citation to its publication in the particular proceedings is included. c The right to make oral and speech presentation of the material in any forum or venue. d The right to make copies of the work for internal distribution within the undersigneds organization and for external distribution as preprint reprint technical report or related class of document.
The undersigned does hereby release and discharge company name and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the material including without limitation any and all claims for invasion of privacy right of publicity and defamation. Agreements Consent. I the undersigned represent that am over the age of eighteen years and that have read the foregoing and fully understand its contents. This release shall be binding upon me my heirs legal representatives and assigns. 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. 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.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of company name and their respective successors and assigns provided that company name may not assign any of their obligations under this Agreement without the undersigneds prior written consent. Name. Date. Job title of signator authorized signature or signer. Address. Signature.
GRAPHIC DESIGN AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Designers and company name Customer Terms and Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Designers hereby agree as follows. 1. Description of the Project Specifications Designers agree to develop the Project according to the terms listed on Exhibit attached hereto. 2. Additional Editing and Changes. Any requested changes to the Specifications shall constitute additional editing and incur additional charges or fees. Additional charges for editing and changes shall be billed at hourly rate per hour. All additional changes must be submitted and approved by both parties in writing by approved Contract Change form.
3. Delivery of Project. Designers will use all reasonable efforts in the development of the Project and endeavor to complete and deliver to Customer all files media and materials related to the Project no later than delivery date by an approved party provided that payment and all requested instructions and material have been received by Designers from Customer. Any delay in the completion of the Project due to actions or negligence of Customer transportation delays illness or circumstances outside the control of Designers may alter the delivery date. Designers will make reasonable effort to notify Customer of any delays to the estimated delivery date as soon as possible. 3 Proofs. Proofs will be presented for Customer approval at each stage of development. If revisions are required request must be made when proofs are returned to Designers. Two rounds of edits based upon Customers feedback will constitute acceptable delivery unless otherwise agreed upon in writing by both Designers and Customer. The total number of Proofs provided to Customer shall number Insert Number of Design Proofs unless otherwise determined in the Specifications. 3 Reproduction of Project. Check all that apply Upon successful completion of all compensation terms and outstanding balances owed to Designers. Customer is granted full and unlimited reproduction rights to the Project. Customer is granted one time limited use reproduction right for the Project in exchange for the compensation paid to Designers. The Project shall not be reproduced in any format without the written consent of Designers. Designers retain the right to reproduce the Project in any form for marketing future publications competitions or other promotional uses. Designers shall at no time reproduce the Project for use in commercial means or for profit use.
4. Ownership of Artwork and Source Files. Except for Customers Proprietary Material defined below contained in the Project Designers shall hold all right title and interest in all original artwork whether in draft mock up concept or final development for the Project. Specifically but without limitation Designers shall hold all right title and interest in and to all text graphics or digital components of the Project the Content all layouts logos structures or arrangements or other components of any materials presented to Customer that comprises the Project all literal and nonliteral expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Designers right title and interest in the Project as described in this Paragraph 4. Notwithstanding the above Customer shall retain and Designers shall have no proprietary rights whatsoever in all of Customers intellectual property rights in any and all text images or other components and or materials owned by Customer or which Customer has the legal right to use that are delivered to Designers including but not limited to software related documentation Customer marketing material logos and tag lines Customers Proprietary Material Designers agree that they shall not use Customers Proprietary Material for any other purpose than those expressly set forth in this Agreement. 5. Compensation. In return for the Projects that are completed and delivered under this Agreement and Exhibit Customer shall compensate Designers pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Designers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all files artwork source commitments or any other service to be performed by Designers for Customer bring legal action. Customer is fully responsible for all material costs as outlined in Exhibit and accepts responsibility for all additional material costs that Designers may incur in the development of this Project. 6. Confidentiality. Customer and Designers acknowledge and agree that the Specifications and all other documents and information related to the development of the Project excluding however Customers Proprietary Material the Confidential Information will constitute valuable trade secrets of Designers. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Designers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 7. Limited Warranty and Limitation on Damages.
Designers warrant the Project will conform to the Specifications. If the Project does not conform to the Specifications Designers shall be responsible for the timely correction of the Project at Designers sole expense and without charge to Customer to bring the Project into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Designers are not responsible for the results obtained by Customers use of any part of the Project. Customer acknowledges that Designers are not responsible for fixing any problems errors or omissions on the Project once mass produced or after Customer has tested proofed and approved the Project Sign off in writing. Except as otherwise expressly stated herein Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Designers as set forth in Exhibit attached hereto. This limited warranty shall become void and expire days after Sign off has been obtained by Designers from Customer or days after the mass production of the Project in any format. 8. Independent Contractor. Designers are retained as independent contractors. Designers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Designers behalf. Designers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Availability of Materials Logos Graphics and other Collateral. Customer agrees to make available to Designers for Designers use in performing the services required by this Agreement such graphical elements and materials as Customer and Designers may agree in writing for such purpose. Failure to provide Designers with Materials in the requested formats may result in additional delays or fees in addition to those stated in Exhibit A. 10. General Provisions. 10 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 all of the parties hereto. 10 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. 10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Designers and their respective successors and assigns provided that Designers shall not assign any of their obligations under this Agreement without Customers prior written consent. 10 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. 10 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. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter the Project except upon the express written advance approval of Designers which consent can be withheld for any reason. 10 Right to Remove Project. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Designers have the right to immediately cease all work on the Project until payment in full is paid. 10 Indemnification. Customer warrants that everything it gives Designers to include in the Project is legally owned or licensed to Customer. Customer agrees to indemnify and hold Designers harmless from any and all claims brought by any third party relating to Customers Proprietary Material provided by Customer to Designers including any and all demands liabilities losses reasonable associated costs and claims including reasonable attorneys fees arising out of injury caused by Customers Proprietary Material supplied by Customer to Designers copyright infringement and defective products sold as result of Customers distribution of the Project. 10 Use of Project for Promotional Purposes. Customer grants Designers the right to use the Project for promotional purposes and or to cross link it with other marketing venues developed by Designers.
10. 10 Right to Style or to Make Derivative Works. Subject to Section above Designers have the exclusive rights in making any derivative similar works of the Project and any similarities between Customers Project and future projects constitutes Designers methods and style and shall remain the right of Designers. 10. 11 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 reasonable attorneys fees and reasonable associated costs including expert witness fees. 10. 12 Trademarks Logos and other Intellectual Property Issues. Customer is responsible for any Copyright or Trademark issues related to the creation and use of Project files by Customer. Customer shall be solely responsible for any Trademark or Copyright searches pertaining to the Project unless otherwise contracted for in the Specifications. Designers will not knowingly copy other rightfully trademarked or copyrighted material. Design Note. Even if you are creating artwork from scratch it is good idea to conduct trademark search on the words or mark you are creating. Even if you or the customer determine that trademark or one close to it does not exist it is good idea to make sure you have clause stating that the customer takes full responsibility for the eventual use of the logo. 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 Designers Initials Customer Initials
TRANSFER OF COPYRIGHT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Author and company name hereafter referred to as Client PART A. The purpose of this Agreement hereafter referred to as the Agreement is to act as transfer of copyright for the attached work Exhibit hereafter referred to as the Article from company name to company name effective as of the date of this agreement. Note. If article was prepared as part of the writers duties for his her employer work for hire this agreement must be signed and authorized by the employer as the Author. If the Article was prepared by U. S. Government employee as part of his her official duties please refer to Part B.
Copyright to the above work including without limitation the right to publish the work in whole or in part in any and all forms of media now or hereafter known is hereby transferred to company name for the following publication uses. Insert details of the specified usage of the content. Copyright to the listed original and unpublished article and subsequent revisions errata or abstracts submitted by the above author the Article is hereby transferred to company name for the full term thereof throughout the world subject to the following rights that the author may freely exercise and to acceptance of the Article for publication and use in company name business. company name shall have the right to register as claimant copyright to the Article in its name whether used individually or as part of another work or medium in which the Article is part of. The author shall retain the following rights so long as the author agree that all copies of the Article made under any of these following rights shall include notice of the company name copyright. 1 All proprietary rights and patent rights other than copyright and the publication rights transferred to company name. 2 The nonexclusive right after publication by company name to give permission to third parties to republish the Article or translation thereof or excerpts therefrom without obtaining permission from company name provided the company name published version is not used for this purpose and provided the Article is not to be published in another journal or web site. If the company name version is used permission from company name must be obtained. 3 The right to post their own author versions of reprints and revisions to use all or part of the Article without revision or modification including the company name published version in personal collection or other publications of the authors own works so long as the company name copyright notice is attached. 4 The right of an employer to make copies of the Article so long as it was prepared by an employee within the scope of his or her employment and only for the employers own internal use. 5 In the case of work performed under United States Government contract Publisher grants the U. S. Government royalty free permission to reproduce all or portions of the Article and to authorize others to do so for U. S. Government purposes.
In the event that the Article is not accepted and published by company name this agreement becomes null and void. By signing this Agreement the author warrants that the Article is original with the author and does not infringe any copyright or violate any other right of any third parties and that the Article has not been published elsewhere and is not being considered for publication elsewhere in any form except as provided herein. If each authors signature does not appear below the signing author represent that they sign this Agreement as authorized agents for and on behalf of all the authors and that this Agreement and authorization is made on behalf of all the authors. The signing author or in the case of work made for hire the signing employer also warrant that they have the full power to enter into this Agreement and to make the grants contained herein. If any provision of this agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This agreement and any disputes arising here under shall be governed by the laws of state or province state without regard to conflicts of laws principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this agreement shall not operate as waiver of any such right or power. company name Name. Signature.
Date. PART B. In the case of work that was performed under U. S. Government contract but you are not U. S. Government employee please sign the transfer form above and review Item above. The following certifies that the author of the listed Article see Exhibit are employees of the U. S. Government and the work was performed as part of their employment and that the Article is not subject to protection under U. S. Copyright. Name. Signature.
Govt. Organization. Date. Author Initials Client Initials
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