This is an agreement between a magazine and a freelance writer whereby the writer
composes an article for the magazine. This agreement can be customized to include
the subject of the article, the compensation rate, and the due date of the article. This
document contains numerous standard provisions that are commonly included in these
types of agreements, and may be customized to fit the specific needs of the contracting
parties. This agreement can be used by small businesses that publish magazines, or by
freelance writers that want to enter into an agreement with a magazine to write a
FREELANCE MAGAZINE WRITER AGREEMENT
This freelance magazine writer agreement (the “Agreement), is made this ____ day of
_____________, 2______ [Instruction: Insert Date] (the “Effective Date”), by and between
_______________ [Instruction: Insert Publisher Name], __________________ [Instruction:
Insert Address] (the “Publisher”) and __________________ [Instruction: Insert Writer
Name], __________________ [Instruction: Insert Address] (the “Writer”). In consideration of
the mutual promises, covenants, stipulations and agreements set forth herein, Publisher and
Writer hereby acknowledge and agree as follows:
1. WRITER’S SERVICES
A. Publisher hereby commissions Writer to write, compose and draft an article on the
subject matter of ____________________ [Instruction: Insert Subject Matter of Article], (the
“Article”) to be published in the magazine publication entitled “_________________”
[Instruction: Insert Magazine Name] (the “Magazine”).
B. The Writer shall provide a completed draft of the Article to the Publisher by no later than
_____________ [Instruction: Insert Date]. In the event that the Publisher requests reasonable
changes to the Article, the Writer shall make all reasonable requested changes by the Publisher
and shall submit a final copy of the Article to the Publisher by _____________ [Instruction:
C. In consideration of the Fee, as defined in paragraph Error! Reference source not
found.Error! Reference source not found. hereof, Writer hereby assigns to the Publisher all
rights (including copyright) in and to the Article throughout the Universe (including any
renewals or extensions to such rights). Without limiting the foregoing, the Writer acknowledges
that the Publisher, its assigns and licensees have the right to utilize, distribute and publish the
Article (including any part of the Article) in any and all media, whether now known or hereafter
devised, throughout the Universe, in perpetuity, including (without limitation) in the Magazine,
any other magazine and any website of the Publisher and/or Publisher’s related entities.
A. The Publisher agrees to pay Writer _______________ ($_____) Dollars [Instruction:
Insert Amount] per word contained in the Article, with payment for the Article not to exceed an
aggregate of _____________ words [Instruction: Insert Number of Words] (the “Fee”).
Under no circumstances will Writer be paid on an hourly, daily or other basis that is a function of
time. Writer acknowledges and agrees that Publisher will only pay writer if the Article is
published and Publisher has the sole and exclusive authority to determine whether or not to
publish the Article. The Fee shall be due and payable in full by the Publisher to the Writer within
sixty (60) days of publication of the Article.
B. In addition to the Fee payable to the Writer, the Publisher agrees that in the event that
Publisher publishes the article, Publisher shall reimburse the Writer for any and all actual,
reasonable and documented out-of-pocket expenses incurred by the Writer in the writing,
researching and preparation of the Article. Such out-of-pocket expenses shall be paid to the
Writer by the Publisher within sixty (60) days of the later of (i) publication of the Article and (ii)
Publisher’s receipt of copies of all relevant invoices for such out-of-pocket expenses incurred to
the Publisher and upon approval by the Publisher.
If the Article, or a substantial part of the Article, is published by the Publisher, the Publisher will
accord credit to the Writer on the same page as the Article. Notwithstanding the foregoing,
Publisher’s inadvertent failure to accord credit will not be considered a material breach, provided
that Publisher uses Publisher’s reasonable efforts to prospectively cure on future publications and
printings. Publisher will not be liable for the default of any third party not under its control to
correctly accord said credit.
4. REPRESENTATIONS, WARRANTIES, INDEMNITY, LIMITATION OF REMEDY
A. The Writer represents and warrants that:
i. no part of the Article has been previously published (unless the use of previously
published material has been expressly consented to by the Publisher);
ii. the Article is an original work of the Writer;
iii. the Writer is the sole owner of the copyright in the Article and has the right and
power to grant the rights set out in these terms and conditions, free and clear of any third party
iv. the Article will not be defamatory, and will not infringe the rights (including
copyright) of any third party or otherwise be contrary to law.
B. The Writer hereby indemnifies and holds the Publisher harmless from and against any
and all liability, loss, costs and expenses arising from or incurred in connection with any breach
by the Writer of any of the representations and warranties contained within this agreement or any
other liability, loss, costs and expenses that arise in relation to the Article.
C. In no event shall Writer be entitled to seek injunctive or any other equitable relief for any
breach or non-compliance with any provision of this Agreement. Notwithstanding the foregoing,
Writer retains the right to sue for any breach by Publisher of this Agreement but Writer shall not
be entitled to hinder release of the Article, the Magazine or any other publication of Publisher.
A. The Writer agrees that the Writer’s services will be rendered by Writer as an independent
contractor and that this Agreement does not create an employer-employee relationship between