INDEXING  AGREEMENT

 

This agreement is made on _____________________, 2011 between:

Buz Riley
WPR Indexing Service 
285 Chreston LN, Dillon, Montana  

(hereafter, "Indexer"), and: 

___________________________________________________________

___________________________________________________________

 ___________________________________________________________

 ___________________________________________________________

 

(hereafter, "Publisher/Author").

 Based upon certain preliminary discussions with the Publisher/Author the Indexer has agreed to perform certain indexing work as specified in Attachment A.  Both parties realize that it is very important that the specifications outlined in Attachment A be agreed upon prior to the commencement of indexing work.  The Publisher/Author realizes that changes made to these specifications at a later date may result in increased charges.

 Assignment of Rights

Upon receipt of full payment for the indexing work, the Indexer agrees to assign the following rights to the Publisher/Author (both parties must initial selections below):

 ____        All rights: All original index works authored by the Indexer as a result of work performed under this Agreement shall be considered a "work made for hire" for the purposes of United States copyright laws and are the sole property of the Publisher/Author.  The Indexer assigns all rights to the Publisher/Author, including but not limited to all paper media and electronic media rights. 

____        All paper media rights: The rights assigned by the Indexer to all original index works authored by the Indexer as a result of work performed under this Agreement shall be limited to the reproduction of the index in paper media form.  Paper media form includes, but is not limited to, the right to reprint, the world-wide right to publish in paper form, and subsidiary paper media rights.

 ____        All electronic media rights: The rights assigned by the Indexer to all original index works authored by the Indexer as a result of work performed under this Agreement shall be limited to the reproduction of the index in electronic media form.  Electronic media form includes, but is not limited to, the right to reprint on magnetic disk, CD-ROM disc, or to make the index available in an online, electronic environment.

 ____        Other rights: See Attachment B.

 ____        The indexer grants the selected rights above at no addition­al consideration in the form of a world-wide, perpetual royalty-free license to the Publisher/Author. 

 ____                Attachment C describes the fees to be paid by the Publisher/Author for copyright assignments.

 Author Credit and Editorial Approval

____        The Publisher/Author agrees to provide credit to the Indexer either on the copyright page or on the first page of the index itself.

 ____        The Publisher/Author will not provide credit to the author of the index.

 ____        The Indexer agrees to review any editorial changes made to the index and will be available for review of index page proofs during the time period outlined in Attachment A.

 ____        The Publisher/Author agrees to inform the Indexer of any and all changes made to any index authored by the Indexer as a result of work performed under this Agreement.  The Publisher/Author also agrees to provide the Indexer with page proofs of the index for the purpose of review by the Indexer.

 ____        Should differences result regarding editorial changes made to the index, the Publisher/Author agrees to remove credit for the index if so requested by the Indexer.

 Subcontracting

____        The Indexer may subcontract work performed under this Agree­ment under the following conditions: 1) the Indexer secures copyright to the work performed so that the Indexer is in a position to assign rights to the Publisher/Author; and 2) the Indexer, not the Publisher/Author, is responsible for any and all payments to the Indexer's subcontractors.

 ____        The Indexer may not subcontract work performed under this Agreement.

 Payment

The Indexer shall invoice the Publisher/Author for actual work performed at a rate set forth in Attachment A.  The Publisher/Author shall pay said invoices upon receipt, with payment being due upon acceptance of the finished index.

 Delivery of Work

Should the delivery of page proofs to the Indexer be later than the date (s) specified in Attachment A, the delivery of the index to the Publisher/Author may be delayed by the same number of days.  If the delivery of page proofs to the indexer is delayed by ____ (  ) or more business days, the indexer may terminate this contract without prejudice. 

Relationship of Parties

Nothing in this Agreement shall in any way be construed to con­stitute the Indexer as the agent, employee, or representative of the Publisher/Author; the Indexer shall perform its obligations as an independent contractor. 

Term

The Indexer will begin work on the date of delivery of initial set of page proofs as indicated in Attachment A and, unless terminated sooner, the Agreement will end when the Indexer's services are completed.

 Assignment

Neither party may assign or delegate its rights or obligations under this Agreement without the other's written consent.

 Termination

Either party may terminate this Agreement by providing notice in writing to the other party no less than _____ (  ) days prior to the commencement of work.  The notice of termination shall be effective upon receipt.  Should the Publisher/Author terminate this Agreement less than ____ (  ) days prior to the commencement of work as specified on Attachment A, the Indexer shall be enti­tled upon written request to a 15% cancellation fee based upon the maximum expected payment for work as specified in Attachment.

 Governing Law; Severability

Montana State law shall govern and enforce this Agreement.  Any litigation or arbitration between the parties shall take place in Beaverhead County, Montana.  If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect. 

Modification

Any modification, waiver, or amendment of any provision of this contract shall be effective only if in writing and signed by both parties. 

This Agreement supersedes all other agreements, whether written or oral, between the parties hereto relating to the subject matter hereof. 

The parties indicated below declare that they have read, that they understand, and that they agree to abide by the terms of this agreement.  This agreement has been signed by the parties in two identical copies of which each party has taken one.

 INDEXER                                                                              Publisher/Author

 _____________________________                                      _____________________________

 Authorized Signature                                                                 Authorized Signature

 Name:               ______________________                                  Name:              ______________________

 Title:                ______________________                                   Title:                ______________________

 Date:                ______________________                                   Date:               ______________________

 

 

 

WPR Publishing / Antelope Press.  285 Chreston Lane,  Dillon, Montana 59725
Copyright © 2011 Antelope Press All Rights Reserved