L E G A L 1 0 1
WORK-FOR-HIRE AGREEMENT
This Work For Hire Agreement is made this ________ day of_____________, 20____, between XYZ Corporation and (Client Company)________________________________________________________,
having its principal place of business at _____________________________________________________,
In consideration of Client retaining XYZ Corporation to _____________________ for Client, it is agreed as follows:
1. Compensation and Term
Client hereby retains XYZ Corporation and XYZ Corporation hereby agrees to perform the following services;Consulting services of XYZ Corporation as required by Client, Through____________, 19___. XYZ Corporation will at various times perform services at Client's headquarters, at other Client facilities, or at XYZ Corporation facilities, as directed by Client. XYZ Corporation will perform the services at various times and for various duration's as directed by Client.
The following fees shall apply for services rendered: (Fees negotiated on a case by case basis)
$______.___ per hour when less than 25 hrs. of services are performed in a 30 day period.
$______.___ per hour when more than 25 but less than 150 hrs. of services are performed in a 30 day period. $______.___ per hour for services when more than 150 hrs. of services are performed in a 30 day period.
Reasonable and necessary business and travel expenses actually incurred by XYZ Corporation shall be reimbursed by Client upon submission of expense reports, except that no travel expenses shall apply for assignments within a 25 mile radius of XYZ Corporation headquarters. All such expenses in excess of $25 and all travel plans must be approved in advance by Client.
XYZ Corporation shall provide detailed invoices and shall maintain, and provide, upon request, backup documentation. Client shall make full payment for services and travel expenses within thirty days of invoice. If XYZ Corporation brings a legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney's fees.
This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed. Either party to this Agreement may terminate this Agreement with or without cause by providing at least seven days written notice to the other party.
2. Warranties by XYZ Corporation
XYZ Corporation represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction.
3. Insurance
XYZ Corporation shall obtain and maintain all insurance required by law.
4. Grant
XYZ Corporation agrees that its work product produced in the performance of a Work For Hire Agreement shall remain the exclusive property of the Client. Any rights granted to XYZ Corporation under this Agreement shall not affect clients exclusive ownership of the work product. Any rights to work product produced in the performance of a Work For Hire Agreement, granted to XYZ Corporation may not be used in any other publications or media, without the written consent of Client, except in the case of inclusion in
XYZ Corporation online portfolio.
5. Work For Hire
XYZ Corporation acknowledges that the services rendered under this Agreement shall be solely as work for hire. XYZ Corporation shall not enter into any contract or commitment on behalf of Client. XYZ Corporation further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits. It is expressly understood that this undertaking is not a joint venture nor is this an independent contractor agreement and as such transfer of copyright shall be implied.
6. Confidentiality
XYZ Corporation recognizes and acknowledges that this Agreement creates a confidential relationship between XYZ Corporation and Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information."
7. Non-Disclosure
XYZ Corporation agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement, and upon written request, it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client. XYZ Corporation, further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.
8. Office Rules
XYZ Corporation shall comply with all office rules and regulations, including security requirements, when on Client premises.
9. Conflict of Interest
XYZ Corporation shall not offer or give a gratuity of any type to any Client employee or agent.
10. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
11. Entire Agreement and Notice
This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail.
IN WITNESS WHEREOF, Client and XYZ Corporation have duly executed this Agreement as of the day and year first above written.
XYZ Corporation
Name: ___________________________________
Signature:________________________________
Date:____________________________________
Client Name:_______________________________
Title:____________________________________
Date:____________________________________
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