The undersigned parties, _______________ (“Author”) and KARL MONGER (“Editor”), hereby agree to the following terms and conditions (the Agreement”) on this date regarding the manuscript tentatively titled _______________________________ (“the Work”).
Editor shall produce an edited manuscript of the Work by Author in accordance with the provisions of this Agreement.
2) FEE AND SCOPE OF EDITING
The total editing fee equates to ____ cents per word as applied to a submitted total word count of approximately _______________ for the above Work to include: line-editing, consisting of reworked syntax, deletion and/or addition of words, phrases, sentences, and/or paragraphs, and alteration of transitions, description, and expanded sentences, where deemed necessary, copy editing of the same, and proofreading of the same, undertaken and performed by Editor to the best of his ability.
The editing fee will be based on the final submitted word count and will be due in two installments: $____________ to be paid prior to the project’s inception, with the balance due and payable at the halfway point in the completion of the project as determined by Editor.
4) RIGHTS TO WORK
The parties agree that Author is the exclusive, legal owner and sole author of the Work and that Editor is a freelance entity who has no ownership or copyright rights to the manuscript.
Author shall hold Editor exempt from all legal liability connected to or arising from development, promotion, or publication of the Work. Editor makes no claims as to the legal fitness of the material entailed in or referred to by the Work. Each party hereto warrants and represents to the other that any material written or provided by him or her in connection with the Work is in no way a violation of a copyright or common law or right of privacy and that it contains nothing of a libelous, obscene, or illegal character.
6) RELATIONSHIP OF PARTIES
This agreement applies to the relationship between Editor and Author, not with any freelance network as a whole or its coordinator. Editor is a freelance service provider and is not an employee or contractor of any Internet or online service.
Some aspects of “editing” are subjective (e.g., rewording for clarity, optional word use). Author may choose to accept none, some, or all editorial changes and/or suggestions. Author’s decision to decline some or all editorial changes and/or suggestions does not constitute “nonperformance” on the part of Editor and does not entitle Author to whole or partial refund.
8) CONFLICT RESOLUTION
The parties agree that should any dispute, difference, or disagreement arise with respect to this Agreement, that every such dispute, difference, or disagreement shall be referred to a single arbitrator agreed upon by the parties, or if no single arbitrator can be agreed upon, then an arbitrator shall be selected in accordance with the rules of the American Arbitration Association for Commercial Disputes. The parties further agree that any judgment or award rendered by said arbitrator shall be their sole and exclusive remedy with regard to the dispute, difference, or disagreement; shall be binding on all parties; and may be entered in any court having jurisdiction thereof. The parties further agree that the venue for all disputes arising from this Agreement shall be Travis County, Texas. The parties further agree the arbitrator(s) may award attorney’s fees and costs to the prevailing party, or in their discretion, to either party.
9) INCEPTION OF EDITING
Editing will proceed from ______________, 20____.
10) EDITOR’S RIGHTS
Editor reserves the right to advertise, publicize, or otherwise assert a public or private claim or right to have been employed to edit, critique, adapt, or revise the Work or to otherwise have been enlisted in a professional editorial capacity.
11) SCOPE OF AGREEMENT
This Agreement constitutes the entire understanding between the parties and shall bind the parties and their successors. Neither party may assign or transfer its rights or obligations under this Agreement without prior written consent of the other party. No representations, except as herein expressly set forth, have been made by any party to the other, and this Agreement cannot be amended, modified, or canceled, except in a written declaration or amendment signed by both parties or mutually agreed to orally or in writing. If any portion or segment or part of this contract is deemed illegal the said remaining portion shall still be in effect and binding upon all parties.
Dated this ____ day of ____________, 20____.
KARL MONGER (Editor) ____________________ (Author)