Sample Contract

CONTRACT BETWEEN THE BAREFOOT EDITOR AND CLIENT

This agreement is between _______________________________________ (“Editor”) and _________________________________ (“Client”) and concerns the following manuscript:

Author(s): _________________________________________

Working title: ______________________________________

Length and description of manuscript: ______________________________________

THE WORK

The Editor agrees to do the following:

Terms are defined in Schedule A, attached, unless otherwise specified. If there are major changes to the project after it has begun, the fee will be renegotiated.

EDITOR’S RESPONSIBILITY

As your editor, I affirm:aS

As your editor, I affirm:

I have the experience and ability to perform the services you require. I will carry out this service in a professional manner. I will respect the confidentiality of any information you give me.

CLIENT’S RESPONSIBILITY

As my client, you agree:

You have the power to enter into this contract on behalf of yourself or your organization.

To provide me with what I need to complete the project when asked.

To review my work, provide feedback, and sign off within agreed timescales.

To stick to the payment schedule described.

DELIVERY

If this agreement is signed and I have received your payment by [date], I will deliver the first draft by [date] in the following format: email.
The projected schedule for completion of my work (specify number of iterations, if applicable) is as follows:________________.
I can’t be responsible for deadlines missed due to circumstances entirely beyond my control, such as dire family emergencies, floods, war, and acts of God.
By editing your work isn’t a guarantee that it will be accepted for publication

PAYMENT

The agreed-upon fee of $______________________ is to be paid by you in the following manner:
A Non-refundable deposit of $100.00 is due at the signing of this contract. Payment in Full is to be made within 30 days of invoice. No work will begin on your project until agreed-upon fees are paid in full.

The author retains copyright ownership of the work at all times during the editing process.

TERMINATION

This agreement may be terminated by either party in the event of a material change of circumstance, with ten days’ notice. The agreement must be terminated using written notice communicated to the other party at the electronic (email) address shown below.   If I terminate the covenant, I will be paid by you for work done up to the date of termination. If you terminate the agreement, you will pay me for work done until termination.

INDEMNITY

Editing is intrinsically a process of offering advice and suggestions to the client. While I will make every effort to bring questionable material to your attention, you agree to indemnify and save me harmless from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by you in creating the work.

I can’t be liable to you or any third party for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from this work.

If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

APPLICABLE LAWS

The terms of this agreement shall be interpreted according to the laws of Missouri.

This contract may be changed only by written agreement between The Barefoot Editor and the Client.

Signed by the parties to this agreement on __________________________ (date)

Client’s Signature      

___________________________________                                                         

Client’s printed name

___________________________________         

Client’s Address                                                          

___________________________________

___________________________________

Client’s Phone Number

___________________________________

The Barefoot Editor’s Signature   

___________________________________

The Barefoot Editor’s Printed Name

___________________________________

The Barefoot Editor’s Address

___________________________________

___________________________________

The Barefoot Editor’s Email Address

___________________________________

The Barefoot Editor’s Phone Number

___________________________________

Schedule A

Definitions of Terms

Rewriting. Creating a new manuscript or parts of a manuscript based on content and research supplied by the author. Does not include the following unless specified:

• research • writing original material

Structural Editing. Clarifying or reorganizing a manuscript for content and structure. Does not include the following unless specified:

• research • writing original material

Note: The agreement should specify whether changes are to be suggested or drafted; if the latter, it should state whether changes are to be made to hard copy, or the electronic manuscript.

Copy Editing. The system of editing for grammar, usage, spelling, punctuation, and other mechanics of style; checking for consistency; clarifying the meaning, eliminating jargon, polishing language. Includes incorporating the author’s responses to queries and testing the input thereof. Does not include the following unless specified:

• providing or changing the system of citations

• formatting

Fact-Checking/Citation Checking/Reference Checking. Checking accuracy of facts and quotes by reference to sources used by the author or to other reference sources.

Proofreading. Checking proofs of formatted, edited material for adherence to design and for minor, mechanical errors in copy (such as spelling mistakes or small deviations from style sheet). Does not include the following unless specified.

• incorporating or exercising discretion on author’s alterations
• copy-fitting
• checking the accuracy of running heads, folios • inserting or checking page numbers to contents and page references
• checking page breaks

Notes: The agreement should specify whether proofs are to be read in isolation or “to copy” and whether a style sheet will be provided. It should also determine whether proofs are first, second (or subsequent), or final pages.