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	<title>Comments on: Freelance Writers Subcontracting Letter Of Agreement</title>
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	<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/</link>
	<description>Helping freelance writers make more money with their writing by Anne Wayman</description>
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		<title>By: Ron Lewis</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6984</link>
		<dc:creator>Ron Lewis</dc:creator>
		<pubDate>Sat, 10 Oct 2009 15:00:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6984</guid>
		<description>Hi Anne, I definitely agree with the concept, and please excuse the critique -- law school made me a stickler for such things -- but you seem to be missing my points.  Whether this is a contract or memo of understanding, it should be clearly stated, but it&#039;s not.  And since it&#039;s an agreement to perform writing services, I would think, one should be even more careful to represent yourself professionally.  

Come on, Anne, making a basic &quot;which&quot; for &quot;that&quot; mistake?  That&#039;s junior high school writing.  And all the commas missing?

To have an understanding with your dear friend, shouldn&#039;t you be able to understand it?  Will the workbooks be about 25 pages, or are they 25 pages of a longer document?  By leaving the commas out of the second sentence under The Method, I can&#039;t tell what you&#039;re trying to say.  By using the singular &quot;it&quot; in &quot;whatever form it ultimately takes&quot; do you only refer to the workbook(s)?  I would think you mean to include the &quot;material&quot; as well.

When you say, &quot;and this letter of agreement is bound by that non-disclosure agreement,&quot; aren&#039;t you, in fact, breaking that NDA by sharing this agreement with us?  I doubt that&#039;s what you meant, but you should state it differently.

It&#039;s just a mess and should embarrass you to post it.  But worse, it could lead some other junior high school student to embarrass him/her self by using it.

Most of the freelance job boards (at least the two I use) provide sample agreements that are much better.  I&#039;d recommend those.

Keep writing - we do love that you try, bless your heart.

r</description>
		<content:encoded><![CDATA[<p>Hi Anne, I definitely agree with the concept, and please excuse the critique &#8212; law school made me a stickler for such things &#8212; but you seem to be missing my points.  Whether this is a contract or memo of understanding, it should be clearly stated, but it&#8217;s not.  And since it&#8217;s an agreement to perform writing services, I would think, one should be even more careful to represent yourself professionally.  </p>
<p>Come on, Anne, making a basic &#8220;which&#8221; for &#8220;that&#8221; mistake?  That&#8217;s junior high school writing.  And all the commas missing?</p>
<p>To have an understanding with your dear friend, shouldn&#8217;t you be able to understand it?  Will the workbooks be about 25 pages, or are they 25 pages of a longer document?  By leaving the commas out of the second sentence under The Method, I can&#8217;t tell what you&#8217;re trying to say.  By using the singular &#8220;it&#8221; in &#8220;whatever form it ultimately takes&#8221; do you only refer to the workbook(s)?  I would think you mean to include the &#8220;material&#8221; as well.</p>
<p>When you say, &#8220;and this letter of agreement is bound by that non-disclosure agreement,&#8221; aren&#8217;t you, in fact, breaking that NDA by sharing this agreement with us?  I doubt that&#8217;s what you meant, but you should state it differently.</p>
<p>It&#8217;s just a mess and should embarrass you to post it.  But worse, it could lead some other junior high school student to embarrass him/her self by using it.</p>
<p>Most of the freelance job boards (at least the two I use) provide sample agreements that are much better.  I&#8217;d recommend those.</p>
<p>Keep writing &#8211; we do love that you try, bless your heart.</p>
<p>r</p>
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		<title>By: Anne</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6981</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Sat, 10 Oct 2009 14:17:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6981</guid>
		<description>Ron, I&#039;ll answer part of this... I posted it because I&#039;ve found over time it helps to have some sort of written understanding - with a client or with a subcontractor or when I&#039;m subcontracting. My goal isn&#039;t for the Letter of Agreement or Memo of Understanding (Mark&#039;s title and one I will use in the future) stand up in court, but give the two of us a place to go back to if things start to get weird. It&#039;s my personal opinion that any writer working for/with someone, client or other writer, should have something in writing that represents what the parties thought they were doing in the beginning. Often the project stays the same and, when it&#039;s done, matches the original idea. Often enough, however, particularly if the project takes days or weeks or months to complete, it changes and it&#039;s helpful, or at least it is for me, to be able to see what we intended in the beginning.

I&#039;ve been known to generate memos along the way as the project changes.

Works for me, might work for others... if it doesn&#039;t suit you, ignore it please.</description>
		<content:encoded><![CDATA[<p>Ron, I&#8217;ll answer part of this&#8230; I posted it because I&#8217;ve found over time it helps to have some sort of written understanding &#8211; with a client or with a subcontractor or when I&#8217;m subcontracting. My goal isn&#8217;t for the Letter of Agreement or Memo of Understanding (Mark&#8217;s title and one I will use in the future) stand up in court, but give the two of us a place to go back to if things start to get weird. It&#8217;s my personal opinion that any writer working for/with someone, client or other writer, should have something in writing that represents what the parties thought they were doing in the beginning. Often the project stays the same and, when it&#8217;s done, matches the original idea. Often enough, however, particularly if the project takes days or weeks or months to complete, it changes and it&#8217;s helpful, or at least it is for me, to be able to see what we intended in the beginning.</p>
<p>I&#8217;ve been known to generate memos along the way as the project changes.</p>
<p>Works for me, might work for others&#8230; if it doesn&#8217;t suit you, ignore it please.</p>
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		<title>By: Anne</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6980</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Sat, 10 Oct 2009 14:12:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6980</guid>
		<description>Thanks Mark, you&#039;ve got it exactly.</description>
		<content:encoded><![CDATA[<p>Thanks Mark, you&#8217;ve got it exactly.</p>
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		<title>By: Anne</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6979</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Sat, 10 Oct 2009 14:11:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6979</guid>
		<description>Thanks Mark - you&#039;ve got it exactly. Appreciate it.</description>
		<content:encoded><![CDATA[<p>Thanks Mark &#8211; you&#8217;ve got it exactly. Appreciate it.</p>
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		<title>By: Ron Lewis</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6922</link>
		<dc:creator>Ron Lewis</dc:creator>
		<pubDate>Fri, 09 Oct 2009 19:00:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6922</guid>
		<description>Hmm, the link you provided is the same URL as this page, and I don&#039;t see any story here.  

It wasn&#039;t that you referred to Helen, it was that neither Helen or Anne are defined, as they would be in an enforceable contract.

I agree with what you say, Mark, and your description of this document as only a memo of understanding between friends is more accurate, but if so, what value does it offer any of the writers here?  It would be a disservice to readers if any assumed this was a good sample agreement they could copy.

Perhaps, the answer is in the story behind this agreement, that I seem unable to access.  Regardless, I would still be embarrassed, even if only communicating to a friend, to have all those grammar errors in an agreement for writing services.  It reminds me of an old comedy routine I heard on the radio as a teen -- a guy pretending to be advertising speedreading courses, except that he could only read the cue cards real slow - &quot;You    will   learn    to    read    faster             with the     Evelyn    Wood   speed     reading    class.&quot;

So, maybe that&#039;s the story -- was this all some funny joke?</description>
		<content:encoded><![CDATA[<p>Hmm, the link you provided is the same URL as this page, and I don&#8217;t see any story here.  </p>
<p>It wasn&#8217;t that you referred to Helen, it was that neither Helen or Anne are defined, as they would be in an enforceable contract.</p>
<p>I agree with what you say, Mark, and your description of this document as only a memo of understanding between friends is more accurate, but if so, what value does it offer any of the writers here?  It would be a disservice to readers if any assumed this was a good sample agreement they could copy.</p>
<p>Perhaps, the answer is in the story behind this agreement, that I seem unable to access.  Regardless, I would still be embarrassed, even if only communicating to a friend, to have all those grammar errors in an agreement for writing services.  It reminds me of an old comedy routine I heard on the radio as a teen &#8212; a guy pretending to be advertising speedreading courses, except that he could only read the cue cards real slow &#8211; &#8220;You    will   learn    to    read    faster             with the     Evelyn    Wood   speed     reading    class.&#8221;</p>
<p>So, maybe that&#8217;s the story &#8212; was this all some funny joke?</p>
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		<title>By: Mark Keating</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6918</link>
		<dc:creator>Mark Keating</dc:creator>
		<pubDate>Fri, 09 Oct 2009 18:36:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6918</guid>
		<description>Ron:

Perhaps &quot;contract&quot; is the wrong word. Having the responsibilities spelled out in some form is always valuable, perhaps doubly so when working under a tight deadline. Given Anne&#039;s reference to the other writer as a dear friend, I think it&#039;s understandable that they work under a memo of understanding, rather than more rigorous (and time-consuming and expensive) format of a true contract.

Mark
.-= Mark Keating´s last blog ..&lt;a href=&quot;http://markkeating.wordpress.com/2009/10/09/where-the-green-jobs-are-how-to-find-them-how-to-get-them/&quot; rel=&quot;nofollow&quot;&gt;Where The Green Jobs Are – How to Find Them, How to Get Them&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>Ron:</p>
<p>Perhaps &#8220;contract&#8221; is the wrong word. Having the responsibilities spelled out in some form is always valuable, perhaps doubly so when working under a tight deadline. Given Anne&#8217;s reference to the other writer as a dear friend, I think it&#8217;s understandable that they work under a memo of understanding, rather than more rigorous (and time-consuming and expensive) format of a true contract.</p>
<p>Mark<br />
.-= Mark Keating´s last blog ..<a href="http://markkeating.wordpress.com/2009/10/09/where-the-green-jobs-are-how-to-find-them-how-to-get-them/">Where The Green Jobs Are – How to Find Them, How to Get Them</a> =-.</p>
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		<title>By: Anne</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6905</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Fri, 09 Oct 2009 15:56:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6905</guid>
		<description>Refresh your browser Ron... if that doesn&#039;t work http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/ probably will.

Thanks... I thought I got all references to Helen out... now I think I have. And yeah, it should be either one workbook or two...

A</description>
		<content:encoded><![CDATA[<p>Refresh your browser Ron&#8230; if that doesn&#8217;t work <a href="http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/">http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/</a> probably will.</p>
<p>Thanks&#8230; I thought I got all references to Helen out&#8230; now I think I have. And yeah, it should be either one workbook or two&#8230;</p>
<p>A</p>
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		<title>By: Ron Lewis</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6904</link>
		<dc:creator>Ron Lewis</dc:creator>
		<pubDate>Fri, 09 Oct 2009 15:40:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6904</guid>
		<description>Oh my.  Well, the link still seems to be broken to me.  I&#039;m guessing it tells a story of someone threatening your life.  That&#039; s the only reason I can think of that would make you sign that contract.  From a legal perspective, it is a minefield of vague, subjective, ill-considered, and undefined terms.

1.  The Goal - this implies that you hope to deliver something that meets the intended purpose.  Goals are what you strive for, they are not necessarily what you achieve.  Perhaps, titling this section &quot;The Deliverable,&quot; or some such definitive term, is more appropriate.  I assume the missing commas in the next sentence result from your hasty redact for this column; however, the assumed acronym, &quot;aka,&quot; is not a legal term and should be defined.  The paragraph&#039;s ending clause, &quot;will be about 25 pages of a word document,&quot; sounds to me as if there is a longer document involved, of which this work is but a part.  I would want that undefined document better identified.

2.  The Method - the parties are not defined, so legally, Anne could be anyone.  Hope she agrees to help and share that information.  The comma missing from that second sentence renders it indecipherable.     

3.  Ownership Rights - hmm, it seems there&#039;s only one workbook now.  Interesting that the employer is handing it over to someone else; however, I&#039;d include that tidbit in their biography and not this agreement.  It&#039;s irrelevant.  Last sentence in that first paragraph is vague - to what does &quot;it&quot; refer - the material, workbook, or both?  Does the comma key work on your keyboard?

4.  Cost and Deadline:  OK, we&#039;re back to two workbooks again, but who is this &quot;Helen&quot;?  Is it a coincidence that she has the same first name as the buyer?  A lawyer could certainly argue that.  He&#039;d claim it is no more far-fetched than the fact that the other person, this &quot;Anne,&quot; also shares her first name with the other signatory.  Wow, small world.

5.  Additional Responsibilities:  &quot;copyeditor&quot; is undefined, so that disclaimer is almost useless.  Dear friends don&#039;t let dear friends misuse &quot;which&quot; instead of &quot;that.&quot;

6.  Revisions:  cool, this Anne person agrees to one revision - and you&#039;ve not even written it yet!!  I looked up &quot;turned around&quot; in Black&#039;s and can&#039;t find a reference.  Oh well, I&#039;m sure a jury can figure it out.  Since you don&#039;t say when them &quot;edits is given to her,&quot; I&#039;m going to recommend that you move to transfer any lawsuit resulting from this contract to Kentucky, Tennessee, West Virginia, or other parts of Appalachia, so that a translator won&#039;t be required. 

I will say, Anne, that if you can get someone to pay you for writing after submitting that contract, you&#039;re a better salesperson that I ever was.</description>
		<content:encoded><![CDATA[<p>Oh my.  Well, the link still seems to be broken to me.  I&#8217;m guessing it tells a story of someone threatening your life.  That&#8217; s the only reason I can think of that would make you sign that contract.  From a legal perspective, it is a minefield of vague, subjective, ill-considered, and undefined terms.</p>
<p>1.  The Goal &#8211; this implies that you hope to deliver something that meets the intended purpose.  Goals are what you strive for, they are not necessarily what you achieve.  Perhaps, titling this section &#8220;The Deliverable,&#8221; or some such definitive term, is more appropriate.  I assume the missing commas in the next sentence result from your hasty redact for this column; however, the assumed acronym, &#8220;aka,&#8221; is not a legal term and should be defined.  The paragraph&#8217;s ending clause, &#8220;will be about 25 pages of a word document,&#8221; sounds to me as if there is a longer document involved, of which this work is but a part.  I would want that undefined document better identified.</p>
<p>2.  The Method &#8211; the parties are not defined, so legally, Anne could be anyone.  Hope she agrees to help and share that information.  The comma missing from that second sentence renders it indecipherable.     </p>
<p>3.  Ownership Rights &#8211; hmm, it seems there&#8217;s only one workbook now.  Interesting that the employer is handing it over to someone else; however, I&#8217;d include that tidbit in their biography and not this agreement.  It&#8217;s irrelevant.  Last sentence in that first paragraph is vague &#8211; to what does &#8220;it&#8221; refer &#8211; the material, workbook, or both?  Does the comma key work on your keyboard?</p>
<p>4.  Cost and Deadline:  OK, we&#8217;re back to two workbooks again, but who is this &#8220;Helen&#8221;?  Is it a coincidence that she has the same first name as the buyer?  A lawyer could certainly argue that.  He&#8217;d claim it is no more far-fetched than the fact that the other person, this &#8220;Anne,&#8221; also shares her first name with the other signatory.  Wow, small world.</p>
<p>5.  Additional Responsibilities:  &#8220;copyeditor&#8221; is undefined, so that disclaimer is almost useless.  Dear friends don&#8217;t let dear friends misuse &#8220;which&#8221; instead of &#8220;that.&#8221;</p>
<p>6.  Revisions:  cool, this Anne person agrees to one revision &#8211; and you&#8217;ve not even written it yet!!  I looked up &#8220;turned around&#8221; in Black&#8217;s and can&#8217;t find a reference.  Oh well, I&#8217;m sure a jury can figure it out.  Since you don&#8217;t say when them &#8220;edits is given to her,&#8221; I&#8217;m going to recommend that you move to transfer any lawsuit resulting from this contract to Kentucky, Tennessee, West Virginia, or other parts of Appalachia, so that a translator won&#8217;t be required. </p>
<p>I will say, Anne, that if you can get someone to pay you for writing after submitting that contract, you&#8217;re a better salesperson that I ever was.</p>
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		<title>By: Anne</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6902</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Fri, 09 Oct 2009 14:09:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6902</guid>
		<description>Lisa, thanks... I fixed it ;)</description>
		<content:encoded><![CDATA[<p>Lisa, thanks&#8230; I fixed it <img src='http://www.aboutfreelancewriting.com/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' /> </p>
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		<title>By: Lisa</title>
		<link>http://www.aboutfreelancewriting.com/2009/10/freelance-writers-subcontracting-letter-of-agreement/comment-page-1/#comment-6895</link>
		<dc:creator>Lisa</dc:creator>
		<pubDate>Fri, 09 Oct 2009 01:19:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.aboutfreelancewriting.com/?p=4805#comment-6895</guid>
		<description>The link to how it came to be is broken.</description>
		<content:encoded><![CDATA[<p>The link to how it came to be is broken.</p>
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