Microsoft word - allegra learning solutions--author agreement--6-20-12

ALLEGRA LEARNING SOLUTIONS, LLC
AUTHOR AGREEMENT
ALLEGRA Learning Solutions ("ALLEGRA Learning") will pay Author (“Author”) for original stories, photographs and other work (hereafter, the "Work") upon acceptance for ALLEGRA Learning, in accordance with guidelines provided by ALLEGRA Learning. The fee will be a one-time, full payment for the rights described below for accepted Work. The agreed-upon fee includes all costs incurred by the Author. Additional expenses or payments must be approved in advance by ALLEGRA Learning. The Work will be a work made for hire under the U.S. copyright laws. Author hereby exclusively and irrevocably assigns any and all intellectual property rights it has or may have in all materials created under, or relating to, this Agreement, including, without limitation, all copyright substituting therein, the right to make derivative works and all moral rights in the United States and the World to ALLEGRA Learning, its affiliated corporations and licensees. ALLEGRA Learning has exclusive rights to reproduce, edit, adapt, modify, perform, transmit, and otherwise use the Work, including derivative works created therefrom, in any manner or medium (including electronic or optical media, online, or similar format) throughout the world in perpetuity without additional compensation. This is a work-for-hire agreement, as the materials created under this Agreement are “Works Made For Hire” as defined in the Copyright Act of 1978, 17 U.S.C. §101. Provider assigns any right, title or interest it has in the copyright of the materials created under this Agreement (“Work”) in the United States only, to ALLEGRA Learning. Provider does not assign to ALLEGRA Learning moral rights in such Work. Author agrees to enter into any document provided by ALLEGRA Learning to effectuate this Clause. Following submission of the Work to ALLEGRA Learning, ALLEGRA Learning is willing to consider a request by you for a non-exclusive license to reproduce and/or distribute the Work to third parties. Any such request should be addressed to ALLEGRA Learning. ALLEGRA Learning has the right, in its sole discretion, to approve such reproduction or distribution of the Work and a fee may be charged for any reproduction or distribution. The fee will be determined by ALLEGRA Learning and must be paid prior to reproduction or distribution of the Work. Author warrants that the Work submitted under this agreement is the Author’s original work, of which the Author has sole ownership, that it has not previously been published and that its publication will not violate any copyright or other right of any third party. The Author agrees to indemnify and hold harmless ALLEGRA Learning, its affiliated corporations and licensees from any loss, claim, damages or expenses (including reasonable attorneys' fees) arising from your breach of this agreement, including any representations contained herein. The Author agrees that author is an independent contractor and that ALLEGRA Learning shall not be liable for any of acts or omissions in connection with the Work submitted by the Author under this agreement. The Author shall be solely responsible for the payment of any federal, state and local income, social security and/or self-
employment taxes, and all necessary insurance, including worker's compensation
insurance with respect to the services provided under this agreement. The Author
further agrees that this agreement does not constitute an employment contract or an
offer of employment.
Under no circumstances will Author be included in any employee benefit plan of
ALLEGRA Learning and the Author waives any right to be so included. The Author also
agrees that the Author’s name, likeness and/or biographical information may be used by
ALLEGRA Learning, its affiliated corporations and licensees for advertising or
promotional purposes.
Unless otherwise agreed to in a separate written agreement between you and
ALLEGRA Learning, all Works that the Author creates for ALLEGRA Learning will be
governed by the terms of this agreement.
PLEASE SIGN AND RETURN THE ENCLOSED COPY OF THIS LETTER to confirm
our understanding. Also, please add your social security number at the bottom of this
letter, if applicable.
Manuscript Title:
Author Name:
Facility:
Credentials:
Position/Title
Signature:
Date:
Home Address:
City State Zip Code Country
Telephone #:
Email Address:

ALLEGRA Learning Solutions, LLC

Source: http://allegralearning.com/assets/files/ALLEGRA%20LEARNING%20SOLUTIONS--Author%20Agreement--6-20-12.pdf