These terms are made by and between Hayley Cruz (“Editor”) and you (“Client”) and concern editing (“Services”) the agreed upon work (“Manuscript”)*.
(* This is just a catch-all term, it could be any work, not only manuscripts!)
The Editor agrees to do one or both of the following on the manuscript:
- Copy editing
Any incorrect submissions, last-minute updates, or added work to the manuscript may result in revised payment conditions and/or additional fees.
Contingent upon payment, the edit of the manuscript is to be delivered to the Client by the Editor on or before the agreed upon date, unless an different date is determined by the Client and the Editor due to any potential problems or changes.
Client agrees to pay Editor in United States funds for the services outlined above and within the time agreed upon. Client may also use PayPal for payments. A 10% advance may be required before work begins.
Relationship of Parties
It is understood by both parties that the Editor is an independent contractor with respect to the Client, and not an employee of the Client.
Work Product Ownership
Any copyrightable works, ideas, or other information (collectively known as Work Product) developed in whole or in part by the Client and/or the Editor in connection with services provided shall be the product of the Client.
The Editor will not at any time, or in any manner, disclose, divulge, or communicate in any manner any information that is proprietary to the Client. The Editor will protect this information and treat it as strictly confidential.
No guarantees are made as to the salability or marketability of the edited manuscript. Nor is there a guarantee that the manuscript will be completely error-free, though all efforts will be made to make it so. The rules of the English language are ever-changing, and a customer/reader/etc. may find a correction to be right/wrong. All the Editor’s edits are allowed to be accepted or rejected by Client. Unless a co-writing/co-authorship arrangement is made in writing, all royalties and monies gained by the sale of the book will be the sole property of the Client.
- Editing is intrinsically a subjective process of offering advice and suggestions to the Author and Client. While the Editor will make every effort to bring questionable material to the attention of the Client, the Client agrees to indemnify the Editor from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the Author or Client in creating the work. It is further acknowledged by the parties that Editor has not and will not engage in any research for the subject material and that the content shall solely be that of the Author.
- The Editor does not represent nor is she affiliated with any agent or publisher of literary works. The Editor makes no representations or warranties that she can or will attempt to have the Manuscript published or aid in publishing the Manuscript.
- The Editor will use her background and experience in editing the Manuscript, and the Client recognizes that this experience, while successful for her, may not be successful for the Client. The Editor’s sole function is to aid and assist the Client in editing the Manuscript. The decision to accept or reject the Editor’s suggestions is solely the Client’s.
- There are no guarantees in the highly competitive field of publishing. In large part, the acceptance of a Manuscript for publication is the subjective decision of a publisher and its editors. This decision is subject to the whims of taste and perceived marketability of the Manuscript. This 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.
If any provision of these terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Both parties agree that these terms shall be interpreted and governed by the laws of the State of California.
These terms may be amended only by Hayley Cruz, at the request of the Client.
Termination & Refunds
Agreed upon work may be terminated by either party in the event of material change of circumstance, with notice sent to the other party. If the Editor terminates the agreement, the Editor will keep 10% of any payment made and refund the remainder. If the Client terminates the agreement, the Client will pay the Editor for the work completed up to the date of termination.
All material displayed on BlueAnteater.com—excluding advertisements, social media and brand logos, and some imagery—belong to Hayley Cruz, unless otherwise stated.
All information subject to change, and I welcome any discussion or suggestions.