The Curtain and Pen

Curtain and Pen Client Agreement


WORK AGREEMENT
THE CURTAIN AND PEN, LLC

This Agreement is between The Curtain And Pen, LLC (“Writer”) and the undersigned (“Client”).

Independent Contractor. The parties to this Agreement agree that Writer is a professional person, and that the relation created by this Agreement is that of Employer-Independent Contractor. Writer is not an employee of Client. Writer may practice the Writer’s own profession for others during those periods when Writer is not performing work under this Agreement for Client. Client may, during the term of this Agreement, engage other independent contractors to perform the same work that Writer performs hereunder.

Work. Writer agrees to produce written materials such as text and articles (“Work”) at the request of the Client for fees agreed upon in advance and turn in or deliver the Work by an agreed upon deadline. Writer agrees that the Work will be original work by Writer, free of plagiarism. Writer agrees to use reasonable care to ensure that all facts and statements in the Work are true and that the Work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.

Writer’s Name Association. Prior to beginning each Work product, Writer and Client will agree in writer whether Writer’s name will be associated with the Work.

  1. If Writer’s name will be associated with said Work at publication the following provision controls:  Client has the right to edit the Work as it deems appropriate for publication, however, all changes must be submitted to Writer for written approval prior to publication.  Writer will cooperate with Client in editing and otherwise reviewing the Work prior to publication. Once published, Client may not edit Work in any way, including altering words, text, or repositioning excerpts, without written approval of Writer. Writer will cooperate with Client if any complaints, claims or litigation should arise regarding the Work.
  2. If Writer’s name will not be associated with said Work at publication, the following provision controls: Client has the right to edit the Work as deemed appropriate for publication without written approval by Writer. Writer will cooperate with Client if any complaints, claims or litigation should arise regarding the Work.

Project Description.

Description of Work (include number of articles, date, and topic of Work):
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Within the Time Period:  [esigninja formid=”3″ field_id=” 11 ” ] 

Payment. Client agrees to pay Writer $[esigninja formid=”3″ field_id=” 13 ” ] for the above described work.

Payment must be made within 30 days of invoice. If the parameters of the Work changes, or if it involves much more time than originally estimated, Writer will inform Client and they can renegotiate the rate. All renegotiations must be agreed upon in writing.

If payment is not received within 30 days of invoice, a $25 late fee will be added to the invoice. If payment is not received within 45 days, interest will accrue on the principal and late fee at a rate of 12%.

Payment shall be made by cash, check, or PayPal. Checks should be written out to:

Lauren Bonk
The Curtain And Pen, LLC

Changes. Any verbal or written changes made by Client to the scope of the Work following its initiation by Writer are subject to additional charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.

Copyright. It is agreed by both parties that all material prepared under this Agreement, is the property of Client. In addition to owning the copyright for the print versions, Client owns the copyright for all electronic versions. Writer relinquishes “all rights” to both electronic and print versions of her work as commissioned and paid for by Client. In consideration of this, Client gives license to Writer for personal and portfolio use.

Early Termination. If Client terminates this agreement, Client must give a minimum of 30 days written notice of termination or be responsible for payment in full under this agreement. If Client gives written termination of agreement prior to 30 days, a prorated fee amount will be determined and billed by Writer and due under regular Agreement payment terms. If Writer terminates this Agreement, Client shall not be responsible for payment of any Work that has not been produced to Client before termination. Client and Writer may agree to mutually terminate the Agreement.

Arbitration. Any controversy or claim arising out of, or relating to, this Agreement or the breach thereof, shall be settled by arbitration, in accordance with the Rules, then obtaining, of the American Arbitrators Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof.

Content. Upon delivery of Work to Client, Client shall be responsible for all content within said Work, and shall be solely responsible for reviewing the content thereof as if Client drafted said work. Client responsibly shall include handling complaints, claims, litigation and all other legal matters resulting from reader reliance, copyright protection, or any other claims arising from said Work.  Client shall be responsible for all cost associated with the forgoing.

Litigation. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment. The Parties submit to jurisdiction and venue in the State of Nebraska in any legal proceeding arising regarding this Agreement.

Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound.  The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default.  The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Automatic Renewal. If parties determine further Work (“New Work”) should be done after the termination of this Agreement, parties shall enter into a written agreement as to New Work description and payment details. Unless either party notifies the other in writing within 10 days prior to the start of New Work, these Agreement terms shall be automatically extended for the completion of New Work; and in such event all the terms and provisions hereof shall continue in full force and effect during the period.

Severability. Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect, to be read and construed as if the void or unenforceable provisions were originally deleted.

Dated .

Writer

Lauren Bonk, Member
The Curtain and Pen, LLC
(308) 746-1015
laurenfbonk@gmail.com

Client

Name: [esigninja formid=”3″ field_id=” 7 ” ]  [esigninja formid=”3″ field_id=” 8 ” ] 
Position:  [esigninja formid=”3″ field_id=” 15 ” ]
Company: [esigninja formid=”3″ field_id=” 14 ” ] 

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Signed by Lauren Bonk
Signed On: November 28, 2016

The Curtain and Pen https://curtainandpen.com
Signature Certificate
Document name: Curtain and Pen Client Agreement
Unique Document ID: 79f4f40cdd3e9a7a1eabf1d1e0598bbdf0102c44
Timestamp Audit
2016-11-28 12:14:39 CSTCurtain and Pen Client Agreement Uploaded by Lauren Bonk - laurenfbonk@gmail.com IP 98.165.31.45