Friday, August 2, 2013

What About the Money in Ghostwriting/Collaborating? (Part 2b of 5)

Flat-fee Agreement

Because of one bad experience, I adapted this from a contract with a publisher. I haven't had a second such experience.

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THIS AGREEMENT made between Cecil Murphey, whose place of business is Omore Taya, 4297 Tucker North Court, Tucker, Georgia 30084-3632 (hereinafter referred to as "Writer") and XXXXXXXXXX (hereinafter referred to as "Author.”

IN WITNESS WHEREOF, the parties mutually agree as follows:

1. Writer agrees to write a literary work tentatively titled XXXXX (hereinafter referred to as the "Work").

2. The Work will be completed for Author by Writer on a work-for-hire basis. It is intended by the parties that said Work be incorporated into a collective work or compilation for purchase and distribution by Author. Being a commissioned work-for-hire, Writer understands and acknowledges that he shall own no rights in the Work, including copyright, patent, and trademark rights. Writer further understands that by reason of the foregoing, he shall neither accrue nor receive any royalties from the sale of said Work.

3. Writer will deliver the Work to Author in approximately four months, one final revised copy of the manuscript double-spaced typed pages, and satisfactory in form, style, and content and acceptable to Author.

4. Writer warrants to Author: (a) that Writer's contributions to the Work are original; (b) that he has full power to enter into this Agreement; (c) that his contributions to the Work have not heretofore been published in whole or in part in volume form and that he has not entered into or become subject to any contract, agreement, or understanding with respect thereto other than this Agreement; (d) that Writer's contributions will not infringe upon any proprietary right at common law, or any statutory copyright, or any right whatsoever.

5. Author shall hold Writer harmless against any damage or judgment, including court costs and attorney's fee's, which may be sustained or recovered against Author resulting from the content of the Work. Author shall also reimburse Writer for all expenses, including court costs, attorney fees, and amounts paid in settlement sustained by Writer in resisting any claim, demand, suit, action, or proceeding asserted or instituted against Writer.

6. Author agrees to present to Writer twenty-five (25) free copies of the Work.

7. For all work done by the Writer under the terms of this Agreement, Author shall pay the Writer a total of $xxxxx as follows:

     $xxxxx upon receipt of a fully executed Agreement;

     $xxxxxx upon receipt of a first draft of the manuscript;

     $xxxxxx upon receipt of a manuscript fully acceptable to both parties.

8. The author will pay for all travel expenses for the writer.

9. In the event that either Author or Writer chooses to withdraw from this contract, this agreement will be terminated on written notice. All rights to materials created will belong to Author.

10. All sums due under this Agreement shall be paid to Writer and made payable to Omore Taya, 4297 Tucker North Court, Tucker, GA 30084-3632.

This agreement is made and entered into by and between the parties hereto on this _______ day of _____________, 20__.

AUTHOR                                 WRITER

_______________________     ________________________


_______________________     ________________________

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