What is a Ghostwriter Agreement?
A ghostwriter contract template is similar to many contracts and legally binding agreements in that it defines the engagement between two parties: a writer and a client. In this case, the writer will produce written content for the client to be published under the client’s name . Commonly used for writing books, articles or other publications, a ghostwriter contract template is important for ensuring clear terms between the hiring professional writer and the client when looking to have a piece of content created or published.
Scope of Work and Services
From the outset of this process, it is essential to draw a clear outline of just exactly what services the ghostwriter is being hired to perform. Do they merely need someone to make their ideas sound professional, or do they need another person to organize and structure written work in a specific way? The latter might sound better in theory, but it can greatly increase the time needed to complete the job.
For the most part, it will probably be clearer for you to define exactly what you want from the outset by having your ghostwriter do specific tasks, rather than letting them handle the entire document on their own and approaching you for approval along the way.
If you are still unsure about them, consider having your contract specify that a certain number of drafts are included in the services, and that any major rewrites beyond that will be billable at an hourly rate. This will give you some extra assurance that you won’t be charged for a project that slowly drags on over time.
Payment Schedule and Terms
The contract template should include a detailed description of payment terms and schedule, including expected delivery dates, pricing, and conditions of payment. If the work is to be completed in phases, outline specific milestones and the payment arrangements tied to these milestones. Owning to these pace needed, it is helpful to add some buffer to accommodate for the Book’s timeline.:
- The payment shall be made via paypal.
- Upon signing of this agreement, Client shall be required to make payment within thirty 5 (5) days of signing the Contract.
- 50% upon the signing of the Agreement and the remaining 50% upon completion of the Book..
- Upon signing of this Agreement, Client shall be required to make payment within thirty (30) days of signing the Contract.
- 10% upon signing of this Agreement. 28% upon completion of the Book. 60% upon Publication of the Book.
- On signing of this Agreement, Client shall be required to make payment for each installment within thirty (30) days of the due date.
- 30% upon the signing of the agreement, 30% upon the submission of an outline and contractually-agreed upon presentation of the book (within 15 days of the outline submission, whichever is earlier), 40% within 30 days after the publication of the book.
It is also important specify the currency in which the payment will be received and if the payment method has any relevant tax implications or fees.
Intellectual Property Ownership
Resolving disputes over intellectual property rights can be a costly and timely process. When it comes to ghostwriter contracts, the issue of ownership over written content is particularly relevant. Publishers, customers, and writers all have an interest in knowing who will own the rights to the material created and sold. To determine the ownership of the work, the publisher needs to be aware of the differences in intellectual property law in terms of copyright and trademark content. In general, a writer who is composing a piece or working as a ghostwriter will be transferring his or her intellectual property rights to the publisher for any work that gets published or made into a product. The ghostwriter contract template should spell out the transfer of ownership in the intellectual property and clarify anything that the writer keeps ownership of. It is critical that every party gets clarity on what to expect regarding intellectual property rights and the obligations that fall under the contract.
Privacy and Confidentiality
An ironclad confidentiality clause is a must in any writer-to-publisher contract, to protect both parties. It should contain an agreement that the book idea (or "book proposal"), business plan and other sensitive materials are not to be disclosed to any third party, under any circumstances. It should also specify that the publisher has a right to review and approve any written or verbal discussions relating to the deal, and the right to terminate it if unauthorized disclosures are made by the ghostwriter .
There should be an acknowledgement that any and all information shared with the ghostwriter, and all written material authored by the ghostwriter or shared with him or her, belongs to the book publisher (as noted above) and may not be privately or publicly disclosed by the ghostwriter in any manner, even after termination of the contract. And there should be a pre-agreed time limit, e.g. six months after completion of the project or one year after termination, within which the ghostwriter is entitled to use the material as samples for other work. This limit will be different for different contracts, based on the kind of project, the length of the book project, the nature of the concern, the potential for conflict or competition, and the orientation of the parties toward privacy.
Revisions and Edits
If the project allows for revisions or edits once a draft is submitted, you need to have clear guidelines for these revisions, so no misunderstandings arise. How many rounds of revisions will be allowed? What types of edits will be considered ‘reasonable’ or included under their fee? You may want to include a cap on the fees associated with these revisions and edits. The total cost of this additional work should be calculated in to the overall estimate. If the revisions start to exceed this amount, will you still do them? Or will you need to negotiate an additional fee? Will you also charge for the time it takes to implement these changes? A writer’s rates can become ‘squishy’ when a ghostwriter is asked to redo sections of work that are, in effect, not what they’ve written! You may need to set up your payment so that there is some protection for yourself. For example, will you require upfront payment or a commitment to cover your time? Will you require this payment in installments? A good way to document this is in Escrow, which can be arranged through Google Checkout. Set up clear boundaries for yourself while setting the expectations of your client and you will avoid potential future issues.
Termination Clause
A termination clause in a ghostwriter contract template sets out conditions under which either party can terminate the agreement. This clause enables either party to discontinue the relationship on the basis of a variety of events that could cause dissatisfaction to either party, such as portions of the written work that were not written according to agreement, failure to communicate according to agreement, failure to meet deadlines, etc. The termination clause also explains what notice, if any, is required by either party for the other party to be released from the contract.
In some cases, contractual obligations have been triggered based upon conditions in a termination clause although those conditions were not entered into the contract by the parties because they were implied such as there being a breach of contractual obligations or a total repudiation of the contract.
The termination clause should also contain the language to allow the ghostwriter to be compensated for work which was done before the day the contract is terminated. This would allow a termination by either party but only after work has been completed in order to assure compensation for work performed. Any portion of the book or writing project which was not written previously, but which appeared in the initial contract, should be discussed with respect to its validity and any compensation or other arrangements which may be made as to that portion of the writing project.
Dispute Resolution
As with any contract, it is vital to include a dispute resolution clause. Even if you have the utmost relationship with your ghostwriter, something may go wrong. This is where the dispute resolution clause comes in. It can specify arbitration or mediation. Messenger will insert the state of your choice. The parties agree that any dispute or claim arising out of or relating to the services to be performed by the Ghostwriter under this contract shall be settled by arbitration and not litigation. The place of arbitration shall be ______________ , ___ (State). Judgment may be entered on the award in any court having jurisdiction. No action arising out of this contract irrespective of the form of action shall be commenced more than six (6) months after the date of the event giving rise to the cause of action, but this limitation does not bar a claim that is based upon the discovery of facts that, if known to the claimant earlier, would have led to a different response.