This agreement (“Contract”) is made by and between Victoria Ardito (“Editor”) of Excellence in Editing and ______________________________________________ (“Client”) and concerns editing (“Services”) the following work (“Manuscript”):
Working title: ___________________________________________________________________________
Word count, genre and sub-genre of Manuscript __________________________________________________________________________________________________________________________________________________________
1. SCOPE OF WORK
The Editor agrees to do the following work on the Manuscript: comprehensive conceptual edit, line edit and copy edit of the full Manuscript; a written critique and analysis. Further, Client is entitled to one round of follow-up questions about the Manuscript and critique, conducted via emails. Follow up questions shall be limited to no more than thirty minutes of the Editor’s time. Additional consultation will be performed by Editor and shall be billed at her discretion.
The Manuscript is to be delivered to the Editor by the Client on or before __________________ (date) by email in the following format: Word or RTF document, double spaced, one inch margins on all sides, TNR or Dark Courier 12 point font.
All editing will be done via Track Changes on an electronic version of the Manuscript unless otherwise agreed in writing, and returned to the Author via email on or before _______________ (date).
The agreed-upon editorial fee of $____________, based on a flat fee of $_______ per page, is to be paid by the Client to the Editor in advance via check or PayPal®.
This agreement may be terminated by either party in the event of material change of circumstance, with 7 days’ notice sent in writing to the other party at the email address shown below. The Editor will be paid by the Client for work done up to the date of termination.
5. RELATIONSHIP OF PARTIES
It is understood by both parties that the Editor is an independent contractor with respect to the Client, and not an employee of the Client. The client will not provide fringe benefits, health insurance benefits, paid vacation, or any other benefits for the benefit of the Editor.
6. WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, or other information (collectively known as Work Product) developed in whole or in part by the Editor in connection with services provided shall be the product of the Client.
The Editor will not at any time, or in any manner, disclose, divulge, or communicate in any manner any information that is proprietary to the Client. The Editor will protect this information and treat it as strictly confidential. This provision will continue to be in effect after the termination of the contract.
(a.) Editing is intrinsically a subjective process of offering advice and suggestions to the Author and Client. While the Editor will make every effort to bring questionable material to the attention of the Client, the Client agrees to indemnify and save harmless the Editor from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the Author or Client in creating the work. It is further acknowledged by the parties that Editor has not and will not engage in any research for the subject material and that the content shall solely be that of the Client.
(b.) The Editor does not represent nor is he affiliated with any agent or publisher of literary works. The Editor makes no representations or warranties that he can or will attempt to have the Manuscript published or aid in publishing the Manuscript.
(c.) Editing a work of fiction is perhaps the most subjective activity possible in the field of literature. The Editor, a published novelist, will use her background and experience in editing the Manuscript, and the Client recognizes that this experience, while successful for her, may not be successful for the Client. The Editor's sole function is to aid and assist the Client in editing the Manuscript. The decision to accept or reject the Editor's suggestions is solely the Client’s. “The Chicago Manual of Style” will serve as the default style book unless the Client requests and supplies a different style book.
(d.) There are no guarantees in the highly competitive field of publishing. In large part the acceptance of a Manuscript for publication is the subjective decision of a publisher and its editors. This decision is subject to the whims of taste and perceived marketability of the Manuscript. This Editor, while working to aid the Client in preparing the best Manuscript possible given the submitted material, has no way of judging the market or the whims and caprices of the publishing industry.
9. APPLICABLE LAWS
The terms of this agreement shall be interpreted according to the laws of New York, United States.
This contract may be changed only by written agreement between the Editor and the Client and constitutes the only agreement between the parties.
Signed by the parties to this agreement on _______________________________ (date)
Editor’s printed name: Victoria Ardito
Client’s printed name: _______________________