MAGAZINE CONTRIBUTOR AGREEMENT
1) AGREEMENT - This agreement between SPOKE+BLOSSOM LLC (hereafter “S+B”) and Contract Writer and/or Photographer (hereafter “Contributor”) regarding stories to be written and photographs to be taken (hereafter “content”) by Contributor in the scope of assignment(s) executed by the Contributor for S+B supersedes all previous agreements and constitutes the entire agreement between the parties concerning those assignments.
2) GRANT OF RIGHTS: Contributor hereby grants to S+B the following rights for each story and photograph, with all other rights being retained by Contributor: (a) The exclusive worldwide first right to publish either in the form as provided by Contributor or as otherwise altered at S+B's discretion. (b) The right to publish and distribute the content, as well as Contributor’s name, likeness and biographical information in the print issue of S+B, and online.
3) PROMOTIONAL USE: Without additional fee, S+B may use the content to advertise or promote the Publication in print and online. When appropriate, S+B assumes the responsibility to obtain the permission of any subjects in the content.
4) THIRD PARTY USE: S+B may authorize use of content in the context of the Publication to a like-minded third party of its choosing to cross-promote the magazine, and expand its audience. Credit and/or online link will be given to the Contributor whenever possible.
5) REPRINT USE: If S+B wishes to sell, distribute, or give permission to sell or distribute article reprints at any time, for any purpose, to anyone, S+B shall seek permission from the Contributor in advance and pay an additional fee to be agreed upon.
6) EXCLUSIVITY - Assignment content will be exclusive to S+B for a period of 30 days from publication or 90 days from receipt, whichever is less.
7) COPYRIGHT – Contributor retains copyright of all content created. Grant of any reproduction rights to S+B is conditioned upon receipt of payment in full in accordance with paragraph 12. All rights not expressly granted to S+B are reserved by the Contributor.
8) EXPENSES – S+B shall reimburse Contributor’s reasonable expenses only if approved with Contributor’s editor in advance. Contributor may not submit invoice for expenses not previously approved.
9) PAYMENT – Contributor’s editor will establish a fee for the assignment. Contributor will submit invoice to S+B at email@example.com when story/images are accepted, or by issue close. S+B will not pay Contributor without first receiving an invoice to include: name of assignment, amount due, mailing address for payment. S+B will make payment, in full, including expenses, within 45 days of publication.
10) CANCELLATIONS, POSTPONEMENTS - In the event of a cancellation or postponement of an assignment, either by the S+B or the subject, S+B shall pay any previously agreed upon expenses incurred by the Contributor up to the time of cancellation. If a story or shoot is canceled for any reason within 24 hours of departure for the assignment, S+B will pay 100% of the agreed upon fees of any subcontractors booked for the job. Contributor will be paid for assignment when story publishes.
11) ASSIGNMENT KILL - In the event that Contributor provides story or images deemed by the editor not to be an accurate execution of the assignment, the editor can request a re-write or re-shoot, or can direct the assignment to another contributor. In the instance of a re-assignment, the original contributor will be paid a "kill fee" equal to 20% of the story assignment's original fee.
12) REPRESENTATION - Contributor is responsible for asking questions, requesting feedback, and requesting examples from the editor to best understand the assignment. S+B is not required to be present at interviews or shoots to approve Contributor’s interpretation of the assignment.
13) INDEMNIFICATION - S+B hereby indemnifies and holds Contributor harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from S+B’s use of Contributor’s original work.
14) AUTHORSHIP CREDIT - A credit in the name of the Contributor shall accompany stories and photograph(s), on the same page, where it is reproduced, except for the case of a cover photo, where the credit may appear on the table of contents page. Any credit omission will be rectified by S+B with a correction in the following issue.
15) TEAR SHEETS - S+B will make available entire copies of the magazine issue in which Contributor work appears. Locally, magazines are found at Factory Co-Working at 750 Main Street in Grand Junction.
16) INDEPENDENT CONTRACTOR STATUS – Both parties acknowledge the services performed under this agreement are performed by the Contributor as an independent contractor, not as and employee or agent, and that the Contractor is responsible for paying the proper taxes and insurance as such.
I hereby agree to the terms of this agreement and the assignment for the upcoming issue.