Hey,
I'm going to provide a copy the work for hire agreement I use, but it's only intended to serve as a
guideline you can use in the creation of your own. I refuse to be responsible for anything that happens
if you use the example agreement I'm providing without seeking qualified legal advice.
Which reminds me...
----------------------------Begin Legal Stuff-----------------------------
WARNING AND DISCLAIMER
I'm not a lawyer.
I'm not giving you any legal advice.
I strongly urge you to seek legal advice from a qualified professional to help you create your own Work
For Hire Agreement to use in your business.
---------------------------End Legal Stuff---------------------------------
There. Now that were done with that I want to let you know there are several places online that offer a
free work for hire agreement. I'll include links to a couple of the sites below. You should be able to
look through them and then use the agreement I included here as a guideline.
1. Copylaw.com  This agreement is created and offered by a lawyer.
2. PrintableContracts.com  Free printable agreement. They also have a free non
disclosure agreement among others that might come in handy.
Now, let me just say (and this is purely my own personal opinion) that enforcing any legal agreement
like this can be prohibitively expensive. I find that it mainly serves to keep honest people honest, and
shows that I acted in good faith in hiring the writer to create original content for me, if the issue should
ever come up.
Ok, below you'll find a copy of the Work For Hire Agreement I use. Remember, it's just for
reference. ;)
Tony
---------------------------Begin Sample Agreement-------------------------------
WORK MADE FOR HIRE AGREEMENT
This Agreement is made between [YOUR NAME], hereafter known as "Client", whose principal place
of business is: [YOUR ADDRESS] and [GHOST WRITERS NAME], hereafter known as "Writer",
whose principal place of business is: [GHOST WRITERS ADDRESS]
1. Independent Contractor Status
Writer understands that Writer is an independent contractor, and shal not be considered to be an
employee of Client. Further, any contract personell or persons otherwise employed by Writer are not
considered to be employees of Client. Both Client and Writer agree to the following:
1. Writer maintains the right to enter into contracts with and perform services for
others, during the term of this Agreement.
2. Writer maintains the right to perform the services described in this Agreement at the
place and time of their choosing
3. Client will not withhold any form of tax from Writers fees. This includes, but is not
limited to, FICA (Social Security and Medicare taxes), state or federal
unemployment compensation, or state or federal income tax.
4. Since Client is not making state or federal unemployment compensation payments
on behalf of Writer, then Writer is not entitled to any of these benefits in connection
to any work Writer performs for Client under this Agreement.
5. Since there is no "Employee/Employer" relationship created by this Agreement,
Writer is not eligible for any employee benefits which are otherwise offered to
employees of Client. This includes but is not limited to health, vacation, sick,
pension, or any other benefits Client may normally offer employees.
6. Writer maintaines the right to control the means, manor and method in which Writer
completes the services for Client as required by this Agreement.
2. Payment
In consideration for the services to be performed by Writer, Client agrees to pay the following:
[PAYMETNT AMOUNT].
3. Terms of Payment
[DESCRIBE THE PAYMENT TERMS- Here's an example.}
1. Payment will be split into XX equal parts
2. First payment will be made in the form of a deposit at the time this Agreement is
made.
3. Payment number 2 will only be made after writer submits (first half etc) of the
agreed upon work to Client for review and approval.
4. The final payment will only be made after Writer completes the work oulined in this
Agreement and Client "Signs off" on the completed work to indicate Client's
satisfaction with the work submitted by Writer.
5. Any other terms you require to be filled before you pay the Writer.
4. Expenses
[DESCRIBE THE EXPENCES, IF ANY, THAT YOU PLAN TO REIMBURSE THE WRITER FOR.
INCLUDE AN ITEMIZED LIST OF THEM HERE. IF YOU'RE NOT GOING TO REIMBURSE
THE WRITER FOR ANY EXPENCES THEY INCUR DURING YOUR PROJECT YOU SHOULD
PUT "WRITER WILL NOT BE REIMBURSED FOR ANY EXPENCES."]
5. Services to Be Performed
Writer agrees to perform these services for Client:
[DESCRIBE THE WORK TO BE DONE  Here's an example]
1. Researech and write 150 pages of content, following guidelines provided, for my
main book "Butterfly Secrets".
2. Research and write 15 articles on various subjects, following the outline provided, in
relation to topic of "Butterfly Secrets" book.
3. Anything else you're having the Ghost Writer create for you. Be sure to include a
detailed list of items to be completed by the writer, that way there is no confusion
later regarding what you expect to be delivered to complete the job.
6. Deadline
Writer must complete all of the work described in this Agreement by: [DATE WORK MUST BE
COMPLETED].
7. Intellectual Property Ownership
To the extent that the work performed by Writer under this Agreement (Writer's Work) includes any
work of Authorship which is entitled to protection under copyright law, both Writer and Client agree to
the following.
1. All of the work created by Writer for Client under this Agreement has been
commissioned by Client to be used as a a supplementary work, collective work, or
other category of work which would be eligible to be considered a work made for
hire under the United States Copyright Act.
2. Writer agrees to help Client in the preparation of any papers that are necessary to
secure for Client any copyrights, patents, trademarks or intellectual property rights.
Writer further agrees to do so at no additional charge to Client.
3. Writer agrees to grant to Client all rights, titles and interests in Writer's Work
completed under this Agreement. This includes all copyright rights, in perpetuity
and throughout the world.
4. Writer agrees that Client shall be the sole author and copywright holder of the work
performed by Writer for Client under this Agreement according to the United States
Copyright Act.
5. Writer warrants and represents that all work performed under this Agreement is
originally created by Writer. Further Writer warrants that provided work does not
infringe upon the rights of any other party, and has not been previously licensed,
assigned, or in any other way encumbered.
6. Writer agrees not to "repurpose" or any other way reuse any of the intellectual
property created by Writer in completion of this Agreement for the benefit of any
other party without Client's prior written permission.
8. Confidentiality
Writer agrees not disclose or use, either during or after the term covered by this Agreement, any
confidential or otherwise proprietary information belonging to Client without prior written permission
from Client, except to the extent necessary to perform services on behalf of Client.
Proprietary or confidential information includes but is not limited to:
1. Any written, printed, graphic or electronically recorded materials furnished for the
use of Writer to complete the work detailed in this Agreement for Client.
2. Business plans, customer lists, operating procedures, trade secrets, design formulas,
know-how and processes, computer programs and inventories, discoveries and
improvements of any kind; and
3. Information belonging to customers and suppliers of Client about whom Writer
gained knowledge as a result of Writer's services to Client.
There is no restriction placed on Writer in the use of any material that is publicly available, already in
Writer s possession or known to Writer without restriction, or which is rightfully obtained by Writer
from sources other than Client.
Upon termination of Writer's services to Client, or at Client's request, Writer shall deliver to Client all
materials in Writer's possession relating to Client's business.
9. Terminating the Agreement
With reasonable cause, either Client or Writer may terminate this Agreement, effective immediately
upon giving written notice.
10. Writer's Representations and Warranties
Writer represents and warrants that:
1. Writer is free to enter into this agreement; and
2. Writer will not infringe upon any copyright or other proprietary right or otherwise
violate the privacy or publicity of any other person or entity during the completion
of the work outlined in this Agreement.
11. Exclusive Agreement
This Agreement is between Client and Writer, and details the entire Agreement between Writer and
Client.
12. Applicable Law
This Agreement will be governed by the laws of the State of [YOUR STATE].
13. No Partnership
Entering into this Agreement does not create a partnership or any other relationship aside from a "Work
Made For Hire" Agreement between Client and Writer. Further, Writer is not granted the authority to
enter into contracts or any other Agreement on behalf of Client.
14. Assignment
Writer may not assign, subcontract or otherwise transfer any rights or obligations under this Agreement
without prior written consent from Client.
15. Dispute Resolution
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help
of a mutually agreed-upon mediator in the following location: [YOUR CITY OR COUNTY]. The
parties shall share any costs and fees other than attorney fees associated with the mediation equally.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree
to submit the dispute to binding arbitration in the following location: [YOUR CITY OR COUNTY]
under the rules of the American Arbitration Association. Judgment upon the award rendered by the
arbitrator may be entered in any court with jurisdiction to do so.
Dated:__________
________________________________
[YOUR NAME]
________________________________
[COPYWRITERS NAME]