Work for Hire Agreement
If you wish to write for MaximumAwesome.com or CrapOrNotCrap.com, by default your work will appear under a Work for Hire Agreement. Under certain circumstances, you may contact us to arrange for different terms. The WFH Agreement looks like this:
Paid work made for hire
This letter confirms our agreement with respect to one or more written works (each, including all accompanying graphics, photographs and text, a “Work” and, collectively, the “Works”) to be created by you and published by MaximumAwesome.com and CrapOrNotCrap.com (“Maximum Awesome”) during the Term (as defined below). This letter is effective from the date specified above until terminated by either of us by written notice to the other (the “Term”), and is applicable to all Works submitted by you to Maximum Awesome during the Term whether or not described in writing. The terms of this letter with respect to Works created during the Term will survive its termination.
Each Work shall be a “work made for hire” and, as such, Maximum Awesome shall own all right, title and interest in and to the Works, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known or hereafter developed, throughout the world in perpetuity. To the extent any of the Works are deemed not to be “works made for hire,” you hereby assign to Maximum Awesome all right, title and interest in and to the Works, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, throughout the world and in perpetuity. You waive all moral rights you have in the Works.
Maximum Awesome’s payment obligations under this agreement are conditioned on its receipt of a properly completed Substitute Form W-9. You acknowledge and agree that you are engaged as an independent contractor, that you are solely responsible for all income and self-employment taxes due as a result of any payments received under this letter and that you are not entitled to receive, and hereby waive in any event, any employee benefits offered to employees of Maximum Awesome based on your engagement as an independent contractor. You may not assign this letter or any of your rights or obligations hereunder.
You represent and warrant that (a) each Work (i) is your original work, (ii) has not been, and will not be, published prior to publication by Maximum Awesome, (iii) has not been assigned, licensed or otherwise encumbered, (iv) is not libelous or defamatory and (v) does not violate any rights, including copyrights and rights of privacy or publicity, of any third party, and (b) you have obtained, or prior to delivery of each Work will obtain, all necessary releases, waivers and assignments, including those relating to models, likenesses and privacy, so that Maximum Awesome may freely own and exploit the Works without further obligation or payment to any person or entity. You agree to indemnify, defend and hold harmless Maximum Awesome and its affiliates against any claims, losses or expenses (including, without limitation, legal fees) arising out of any breach by you of any of your representations, warranties or obligations set forth in this letter.
This agreement shall be construed under the laws of the State of New York and you hereby agree that any dispute shall be solely and only within the exclusive jurisdiction of the Courts within the State of New York, Nassau County.
Each Work shall be created, written, photographed, arranged, edited and prepared in accordance with Maximum Awesome’s specifications, under its direction, consistent with Maximum Awesome’s concept and format and subject to its approval. All material will be reviewed for acceptability by Maximum Awesome and whether or not said Work is acceptable shall be within Maximum Awesome’s sole judgment and discretion. All payment/consideration will be made within ninety (90) days of receipt and acceptance by Maximum Awesome. If the Work is not accepted by Maximum Awesome, a 25% kill fee will be arranged.
This letter constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other discussions between the parties and may not be amended except in a writing signed by both parties.
Please sign this letter, retain a copy for your files and return the original to me.
Acknowledged and Agreed:
Name (please print): ___________________
Social Security/Fed. Tax ID No. _____________________