First Chapter Terms & Conditions

Purpose

Client wishes to hire Editor to provide services relating to Client’s Manuscript as detailed in this Agreement. Editor has agreed to provide such services according to the terms of this Agreement.

Scope of Work

a. The Editor shall do the following: provide feedback on characters, plot, pacing, conflict, etc. of first chapter of Manuscript; present suggestions for improvement in comments in the margins of the manuscript and a five minute video for Client.

 

b. All evaluation and analysis will be done via Microsoft Word on the electronic copy of the Manuscript unless otherwise agreed in writing.

 

c. The Editor shall use her background and experience in analyzing the Manuscript. The Editor's sole function is to aid and assist the Client with their Manuscript. In this light the Editor will make her best efforts to advise and suggest changes to improve the Manuscript. The decision to accept or reject the Editor's suggestions is solely the Client's.

 

Delivery of Work

Delivery of Manuscript.The first chapter of the Manuscript shall be delivered to the Editor in a Microsoft Word doc. Once the Editor receives it, the Client shall receive the completed first chapter review in 7 days.

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Relationship of Parties

Relationship of Parties.It is understood by the parties that the Editor is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Editor. 

 

Work Product Ownership

Work Product Ownership.Any copyrightable works, ideas, or other information (collectively, the "Work Product") developed in whole or in part by Editor in connection with the Services shall be the exclusive property of Client. Upon request, Editor shall sign all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product. 

 

Confidentiality

Confidentiality.Editor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Editor, or divulge, disclose, or communicate in any manner any information that is proprietary to Client. Editor will protect such information and treat it as strictly confidential. 

 

Limit of Liability

Maximum Damages.Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Editor.

Loss of Product.In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Editor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification.Client agrees to indemnify, defend and hold harmless Editor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Editor provides to Client.

Editing is intrinsically a subjective process of offering advice and suggestions to the 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 Client in creating the work. 

The 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. 

Impossibility

Force Majeure.Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services.In the event Editor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law.The laws of South Carolina govern all matters arising out of or relating to this Agreement, including torts.
Severability.If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

 

Merger.This Agreement constitutes the final, exclusive agreement between the parties relating to the Editing and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment.The parties may amend this Agreement only by the parties’ written consent via proper Notice.