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Work Made For Hire Agreement
"I need a Work Made For Hire Agreement for engaging a freelance software developer to create a custom CRM system for my New Zealand-based marketing agency, with the project expected to start in March 2025 and include specific provisions for source code ownership and testing procedures."
1. Parties: Identification of the hiring party (client) and the creator/service provider, including full legal names and contact details
2. Background: Context of the agreement, including the client's need for work and the creator's capability to provide it
3. Definitions: Key terms used throughout the agreement, including 'Work,' 'Intellectual Property Rights,' and 'Deliverables'
4. Scope of Work: Detailed description of the work to be created or services to be provided
5. Work Made for Hire: Express declaration that the work is made for hire and all rights transfer to the client
6. Payment Terms: Compensation details, payment schedule, and invoicing requirements
7. Delivery and Acceptance: Timelines, milestones, delivery format, and acceptance criteria
8. Intellectual Property Rights: Comprehensive assignment of rights and confirmation of work-for-hire status
9. Warranties and Representations: Creator's guarantees regarding originality, non-infringement, and capacity to enter agreement
10. Confidentiality: Obligations regarding confidential information shared during the project
11. Term and Termination: Duration of agreement and circumstances for termination
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Non-Compete: Restrictions on creator's ability to work with competitors, used when sensitive industry knowledge is involved
2. Moral Rights Waiver: Specific waiver of moral rights, particularly relevant for creative works
3. Insurance Requirements: Specific insurance obligations for the creator, used in high-value or high-risk projects
4. Revisions and Modifications: Process for requesting and implementing changes, important for creative or technical works
5. Subcontracting: Terms regarding the use of subcontractors, used when creator might need to delegate work
6. Attribution Rights: Terms regarding creator's right to claim authorship or use work in portfolio, important for creative professionals
1. Schedule 1 - Scope of Work: Detailed specifications of the work to be created, including technical requirements and deliverables
2. Schedule 2 - Payment Schedule: Detailed breakdown of fees, payment milestones, and payment terms
3. Schedule 3 - Timeline: Detailed project timeline including milestones and delivery dates
4. Appendix A - Required Specifications: Technical or creative specifications for the work
5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Technology
Creative Arts
Media and Entertainment
Software Development
Digital Marketing
Publishing
Advertising
Consulting
Design
Education
Research and Development
Professional Services
Legal
Human Resources
Procurement
Operations
Project Management
Creative Services
Content Production
Research and Development
Business Development
Compliance
Administration
Legal Counsel
Contract Manager
Project Manager
HR Director
Creative Director
Business Owner
Procurement Manager
Operations Manager
Department Head
Freelance Coordinator
Intellectual Property Manager
Chief Operating Officer
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