AGREEMENT made by and between [Name] of [Address] hereinafter referred to as "Editor", his or her heirs, executors, administrators, successors and assigns; and [Name] of [Address] hereinafter referred to as the "Article"), his or her heirs, executors, administrators, successors and assigns;
Concerning an article presently titled:
WITNESSETH:
In consideration of the mutual covenants herein contained, the parties agree as follows:
1. Description
Writer will research and write an Article of approximately words on the subject of _______________, in accordance with the discussion between Writer and Editor of ___________, 20 __.
2. Deadline
The deadline for delivery of this Article to Editor is [Date].
3. Rights
Editor shall be entitled to first serial North American publication rights in the Article. All other rights shall be reserve to Author.
4. Payment
It is understood that Writer's fee for this Article shall be $------, payable on receipt of the article. Writer shall be entitled to expenses previously approved by Editor.
5. Acceptance
Editor will notify Author of the manuscript's acceptance or rejection within (--) days of receipt. Failure to make notification of rejection within (--) days will mean the manuscript has been accepted.
6. Interest
Payments not made to the Writer within (--) days of manuscript acceptance or rejection shall accrue interest at the maximum legal rate but not to exceed eighteen percent (--%) per annum.
7. Expenses
It is further understood that Editor shall reimburse Writer for routine expenses incurred in the research and writing of the article, including long-distance telephone calls, and that extraordinary expenses, should any such be anticipated, will be discussed with Editor before they are incurred.
8. Proofreading
It is also agreed that Editor will submit proofs of the article for Author's examination, sufficiently in advance of publication to permit correction of errors.
9. Disagreement
This contract is intended to cover the main points of our agreement. Should any disagreement arise on these or other matters, we agree to rely upon the guidelines set forth in the Code of Ethics and Fair Practices of the American Society of Journalists and Authors.
10. Arbitration.
If any difference shall arise between the Editor and the Writer touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of two persons (one to be named by each party) or their mutually agreed umpire, in accordance with the Rules of the American Arbitration Association; judgment on the award rendered may be entered in any court having jurisdiction thereof.
11. Disputes-attorneys' fees
In any action upon this agreement, including litigation and arbitration, the party which prevails will have all attorneys' fees and costs paid by the losing party.
IN WITNESS WHEREOF the parties hereto have executed and duly witnessed this Agreement as of the day and year written below.