This agreement governs the freelance writing and photographic work (“Services”) provided by you and/or your business (“Writer”) to BubbleLife Media, LLC (“BubbleLife Media”) and applies to you, your employees, agents, contractors, or others who you employ or rely upon. This Agreement is the complete and exclusive agreement between you and BubbleLife Media regarding its subject matter and supersedes and replaces any prior agreement, understanding, or communication, written or oral. BY SUBMITTING FREELANCE ARTICLES, PHOTOGRAPHY AND RELATED ATTACHMENTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE THAT YOU WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
1. WORK TO BE PERFORMED
Services include the writing, production and submission of articles, photographs and attachments (“Content”) for use by BubbleLife Media on any of its websites or digital or print products. The Writer will create and submit content to BubbleLife Media. Writer has the sole discretion to decide the manner and method in which content shall be produced. The Company reserves the right to edit and abridge as necessary.
BubbleLife Media agrees to pay a flat rate of $50.00 for the all the content as a package if the content is part of content plan that has been previously approved by a BubbleLife Media editor. Payment will be made within 15 days after acceptance of the content if, at BubbleLife Media’s sole discretion, it meets the original content plan originally submitted by the Writer.
3. ORIGINAL CONTENT
The Writer warrants that the work is original, accurate, and does not infringe on any copyright. Writer agrees to indemnify and hold BubbleLife Media harmless from any and all liability, loss, damages, claims, or causes of action; including legal fees and expenses that may be incurred by BubbleLife Media arising out of or related to Writer’s breach of any copyright or ownership issue.
Content is submitted as Work for Hire. All rights to remain with the Company.
5. CONFLICTS OF INTEREST AND NO-HIRE PROVISIONS
The Writer represents that they are free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Writer and any third party. Further, the Writer, in rendering their duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which they do not have a proprietary interest. The Writer is expressly free to perform services for other parties while performing services for BubbleLife Media. For a period of six months following any termination, the Freelance Writer shall not, directly or indirectly hire, solicit, or encourage to leave BubbleLife Media’s employment, any employee, consultant, or Writer of BubbleLife Media or hire any such employee, consultant, or Writer who has left BubbleLife Media’s employment or contractual engagement within one year of such employment or engagement.
6. INDEPENDENT CONTRACTOR
The Writer is an independent contractor, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise, or (iii) allow Writer to create or assume any obligation on behalf of BubbleLife Media for any purpose whatsoever. Writer is not an employee of Company and is not entitled to any employee benefits. Writer shall be responsible for paying all income taxes and other taxes charged to Writer on amounts earned hereunder. All financial and other obligations associated with Writer’s business are the sole responsibility of Writer.
The Writer will carry liability insurance sufficient for any service that they perform for the BubbleLife Media.
8. CHOICE OF LAW
This Agreement is governed by the laws of Texas and any action hereunder shall be brought exclusively in Dallas County, Texas.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
The Writer shall not assign any of their rights under this Agreement, or delegate the performance of any of their duties hereunder, without the prior written consent of the Company.
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
12. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Updated: April 1, 2014