2. Description of the Intangibilities
The Intangibility or Intangibilities will be as described:
(Describe.Intangibilities (i.e., “The Contractor will take and edit 50 photographs for our wedding, 10 of which will be taken of the husband and bride, 5 of which will be taken of the bridesmaids. The Contractor will use the #1 kit described on their website.)
3. Delivery of Intangibilities
The Contractor agrees to deliver to the Client on or before (Date) the completed Intangibilities in form and content satisfactory to the Client.
The delivery method will be mutually agreed upon by the Parties.
A progress report is necessary every (Day/Week/Month).
If the Contractor fails to deliver the Intangibilities on time, the Client will have the right to terminate this Agreement and recover from the Contractor any progress payments made in connection with the Intangibilities. Upon such termination, the Contractor may not have the Intangibilities published elsewhere.
Contractor shall be paid the amount detailed in this paragraph (in parts, upon successful transfer of documents, hourly, partially,) in the following amount (Check One):
Flat Rate for Entire Intangibilities: $ (Number.Amount)
Hourly Rate: $ (Number.Amount)
In Parts: On Date: (Date) for the amount of $ (Number.Amount), On Date: (Date) for the amount of $ (Number.Amount), On Date: (Date) for the amount of $ (Number.Amount).
Partially: First Working Draft on Date: (Date) for the amount of $ (Number.Amount). Final Delivery Copy: (Date) for the amount of $ (Number.Amount).
5. Quoted Material
With the exception of any copyrighted material that falls under fair use law, the Intangibilities will not contain any copyrighted works unless permission was given by the copyright holder. The Contractor must receive consultation from the Client before using the copyrighted material to file and approve of said materials. Any obligation associated with permissions is the responsibility of the Contractor.
6. Contractor’s Warranty
The Contractor agrees that they have full power and authority to sign this Agreement, that the Intangibilities don’t infringe on copyright, that they are the sole creators, and that they don’t violate any rights or conduct themselves unlawfully. Should they violate copyright law, they must defend, indemnify and hold harmless the Client and/or its licensees against all damages, suits, claims, costs, and expenses that the Client or licensees are subjected to due to the unlawful nature in regards to the Intangibilities. Until the lawsuit is settled or withdrawn, the Client may withhold payment under the Agreement.
The written provisions in this Agreement constitute the entire and sole Agreement made between both Parties concerning the Intangibilities. Any amendments to the Agreement will not be valid unless both Parties sign a separate document and agree to these new terms in writing. All oral agreements are null and void
8. Assignment, Binding Effect, Construction
This Agreement shall be created and interpreted according to the laws of the State of [Client.State] and shall be binding to the Parties and their successors, heirs, personal representatives, and assigns. References to the Parties shall include successors, heirs, personal representatives, and assigns.
IN WITNESS WHEREOF, all Parties have indicated their acceptance of the terms outlined in this Work for Hire Agreement by their signatures below on the Effective Date:
[Contractor.StreetAddress], [Contractor.City], [Contractor.PostalCode]