This Contributing Writer Agreement creates a working relationship between a freelance
writer, and a California-based publication. This agreement sets out a payment structure
for work submitted by the writer. This agreement contains both standard clauses as
well as opportunities for customization to ensure that the understandings of the parties
are properly set forth. Once modified to meet the needs of the contracting parties, the
document would then be suitable for publications located in other states. Use this
agreement if the services of a freelance writer are engaged for a California publication.
Contributing Writer Agreement (“Agreement”)
As a condition of receiving payments from purchasing company (hereinafter “COMPANY”) set
forth in Appendix 1, and in consideration for such payments, document contributor (hereinafter
“CONTRIBUTOR”) hereby agrees to the following:
1. That the documentation products (hereinafter “Documents”) that CONTRIBUTOR is
submitting to COMPANY are original works of which CONTRIBUTOR is the only
author, or if any other co-author, collaborator, or co-contributor exists, such co-author,
collaborator, or co-contributor has relinquished all rights, interest, and licenses in the
documents to me. There exist no third party licenses or other restrictions relating to any
part of the Documents, including but not limited to, related patents, trademarks, and
copyrights. CONTRIBUTOR has not sold any rights or interests in the Documents to
any other individual or entity.
2. That CONTRIBUTOR transfers all of the rights in the Documents to COMPANY.
CONTRIBUTOR relinquishes all rights and interests in the Documents to COMPANY as
the owner of the Documents, including, but not limited to, the exclusive rights to edit,
display, create derivative works, reproduce distribute, sell, sublicense, or otherwise
transfer the Documents. CONTRIBUTOR may not at any future time sell any rights or
interests in the Documents to any other individual or entity.
3. That any information that CONTRIBUTOR is exposed to by virtue of my relationship
with COMPANY under this Agreement, which is information not available to the general
public, shall be considered to be Confidential Information, including the terms and
provisions of this Agreement. CONTRIBUTOR may not disclose any Confidential
Information to any person or entity, except where compelled by law or a solicitor, unless
prior written consent for such disclosure is obtained from COMPANY.
4. That CONTRIBUTOR shall defend, indemnify and hold harmless, to the fullest extent
allowed by law, at CONTRIBUTOR’S expense, any claim, suit or proceeding brought
against COMPANY by a third party resulting from, arising out of, or related to a claim
that a Document infringes a copyright enforceable in a country that is signatory to the
Berne Convention or a valid U.S. patent issued as of the date of this Agreement; or
resulting from, arising out of, or related to a claim alleging damages suffered as a result
of deficiencies in the Documents.
5. That CONTRIBUTOR is responsible for ensuring a certain level of quality in all
Documents, so that any Documents that CONTRIBUTOR submits to COMPANY shall
be fit for the particular purpose that they are intended. If COMPANY finds that, for any
reason, the quality of the Documents to be unsuitable, COMPANY has no obligation to
accept the unsuitable Document or to tender payment for such Document.
6. That COMPANY may require CONTRIBUTOR to make up to three rounds of changes
and/or revisions to a submitted document without rendering any payment for the original
document or the revisions.
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7. That any claims brought under the terms and conditions of this Agreement shall be
construed in accordance with, and governed in all respects by, the laws of the United
States and the State of California, without regard to conflicts of law principles.