7. APPLICABLE LAWS
The terms of this agreement shall be interpreted according to the laws of Zürich, Switzerland.
Hello, Bloggership! I'm writing up a contract for my first big editing gig in Switzerland... Article No. 7 is the sketchiest of all the clauses, because I don't really have to foggiest what these laws are! I've gotten advice from the editing contacts I've made here, and I am making very good use of a template courtesy of a Canadian editing organization, but still! I am sure my sister is shaking her lawyerly head vigorously, but I can only do what I can do...
6. INDEMNITY
Editing is intrinsically a process of offering advice and suggestions to the Client. While the Editor will make every effort to bring questionable material to the attention of the Client, the Client agrees to indemnify and save harmless the Editor from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the Client in creating the work.
The point of the agreement is just to spell out what I'm going to do and how much my client is going to pay me. I'm hoping that any conflict will come up at this stage of the game...and not 250 pages later.
5. SPECIAL CLAUSES
An editorial credit line will appear at the option of the Client; an editorial credit line is not required. Regardless, all work between the Editor and the Client is considered confidential during and after the contractual period stipulated.
We can't go too far down the countdown -- not without violating Clause No. 5, that is! -- but let's all hope that we don't have to use Clause No. 4:
4. TERMINATION
This agreement may be terminated by either party in the event of material change of circumstance; 7 days’ written notice must be sent to the other party at the address shown below. If the Editor terminates the agreement, the Editor will be paid by the Client for work done up to the date of termination. If the Client terminates the agreement, the Editor will be paid by the Client for the work done until termination.
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Or you could just save yourself time (and potential problems) and just ask me for some help.
ReplyDeleteHi, Adie!
ReplyDeleteI'm actually feeling pretty good about the whole thing. It's a very, very basic document: I do X, client pays me Y. Mostly, it's a quote that says I charge more money for rush jobs and I don't make the index.
If the freelancing stuff takes off here, I definitely need to have a standard editorial agreement to work with -- I won't have the luxury of consulting with a lawyer in every instance! But I will certainly ask for advice if I need it. Or if I get sued! ;)
My editorial contacts have been very helpful with the finer points... For example, one must register for the Swiss-equivalent of GST (7% tax) once one makes more than 75,000CHF -- not a problem yet! Also, COD is the way everything works here. Paying even a percentage upfront is unheard of. What else...
If you want, I can send you the contract for fun. It's based on the Editors' Association of Canada standard template, which I have slightly Swissified.
The is still the chance the deal will fall through... The client is a bit of a loose cannon. Imagine if Dad were writing a book and needing an editor, and you have a vague sense of the personality I am dealing with here... ;)
Good analogy Possum, but remember my story about driving the police car through Belfast through the dead of night trying to avoid Falls road and Shank Hill areas The moral of that story is relevant. If you're not sure, find someone who is to lead the way. I may loop the loop in my Double Winger once in a while, but when it comes to touching down with my goggles full of bird-shit I will probably let the co-pilot do the honors. Don't be afraid to have the only real legal mind in the family peruse your final contract draft before you actually make your x. Adie may have a nugget or two that would apply even in the land where crossed Ts and dotted Is reign supreme. You can file this under Fatherly Advice.
ReplyDeleteLove DadXXOO