Freelance & Confidentiality Agreement
The following confirms the agreement between you and First Thus dba San Diego Book Review (SDBR) regarding the completion of all the services as follows:
Writing book reviews, articles, interviews, commentary, and including all videos, photos, and artwork.
All services you provide will be subject to our final approval and will be performed in accordance with our standards. You agree that all reviews submitted will be considered compensated freelance work(1) and the sole property of SDBR. As compensation for services rendered for general submission books, the books assigned to you for review will be yours to keep, free of charge, once the review has been approved and accepted. You are free to do whatever you want with the books; keep, sell, donate, etc., with the knowledge that all books not in a state of finalized print (Advanced Reader Copy/ARC, unbound, manuscript, different cover, electronic formats not in finalized format, electronic formats stating to delete by a set date or not to share, etc.) cannot be sold per legal agreement with publisher upon acceptance of said title. You will also receive full credit for all written materials when SDBR uses it, whether online or in print. In the event of third-party purchase of written materials, SDBR will share 50% of the generated revenue with you on a prorated basis. We will also request written credit for your works whenever third parties purchase written materials. For books that fall under Paid Services or that include monetary compensation to you will abide by all State and Federal requirements.
You acknowledge you are entering into this agreement with SDBR as an independent contracted freelance writer (independent contractor) and not as an employee of SDBR. Independent contractors are not eligible for any of the company's employee benefits. In addition, you will not be considered an employee with regard to any laws concerning Social Security, disability insurance, unemployment compensation, federal, state or local income tax withholding at local source or any other laws, regulations or orders relating to employees. Accordingly, you agree to discharge all obligations imposed upon us as an independent contractor by all applicable federal, state or local laws, regulations or orders now or hereafter in force, including, without limitation, those relating to federal, state and local. We shall issue information statements, as required by law, with respect to fees paid to us and to you each year. You will indemnify SDBR against any claims, damages, liabilities and expenses of any kind arising out as an independent contractor. SDBR will not disclose confidential personal information to any third party without your prior written consent, at any time. This provision shall survive termination of this agreement. This agreement constitutes the entire agreement between you and SDBR with respect to the subject matter hereof and the independent contractor will be notified of amendments to this contract and agreement is required to continue as an independent contractor at SDBR. This agreement is effective as of the date signed, either in writing or electronically via entering the “submit” button, and will continue until terminated by either party, either via email or written notice, effective upon the receipt of such notice, or upon a lapse in communication, by you, for 90 consecutive days.(2)
You, the independent contractor, are free to and encouraged to reuse any writing materials you have submitted to SDBR after they have been made public as long as credit is provided to SDBR and a link-back is provided to either the original post or the home page (if reuse online).(3) There are no guarantees that a submitted review will be published or when. It is up to the independent contractor to contact SDBR regarding an unpublished review that they would like to place somewhere other than on the SDBR website.
As the book and/or other goods is compensation for approved and accepted reviews, the books are considered the property of SDBR until the review has been submitted and accepted by SDBR.(4) While SDBR has some flexibility and willing to work with each independent contractor on a case by case scenario, it is up to you, the independent contractor, to ensure your deadlines are met, that you are in communications prior to said deadlines with SDBR regarding possible extensions, and/or if you have decided to return the books back to SDBR.(5) Should you receive a reminder notice when a deadline has passed, it is your responsibility to respond within 72 Hours, updating SDBR on the status of the review. If after 72 hours independent contractor has still not contacted SDBR, SDBR can send independent contractor a bill to cover the full replacement value of the books and shipping expenses incurred. If the bill becomes 90 days past due, DBR reserves the right to take legal action against independent contractor to recover the debt and any other costs and fees associated with debt recovery. (6) Should a review not be submitted by the deadline or extension, independent contractor understands that it reflects negatively on SDBR reputation and could present hardships and terminated relationships between SDBR and the companies and persons they have business relations with and could be billed for total replacement cost of books, shipping costs incurred, and any and all legal costs arising from collecting a debt and extends to include fees and legal costs of publishers, publicists, PR agents, distributors, marketing agents, SDBR, City Book Review, 1776 Productions, and/or independent authors.
This agreement shall be construed in accordance with the laws of the State of California. Please confirm your acceptance of the foregoing by checking the box acknowledging your digital signature where indicated below.
1-Compensation for general submission books is considered the item (book or other product) received in exchange for an accepted review or the web hosting space in exchange for an accepted blog article, should you decide to submit an article.
2-Active communications include but are not limited to email, submitting book requests, and entering book reviews into the database. If at any time you want to become an independent contractor again, you can reapply.
3-Contact San Diego Book Review if unsure if writing materials has been made public.
4-The standard deadline is 35-45 days from when the books were shipped to the independent contractor, and are located in the book database.
5-Should you decide to return the books to San Diego Book Review, you are responsible for all shipping charges and must include a tracking number that has been sent to firstname.lastname@example.org. Media Mail is acceptable.
6-The term ‘reasonable time’ is dependent upon Legal Action, while extremely rare, will only occur if: Total of book(s) past deadline exceed $200; independent contractor has failed to respond to attempts of communication including email, phone contact, and postal mail. independent contractor will be responsible for all parties legal fees, and any loss of income or potential income.