Work for Hire Agreement (Programmer)

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This Work for Hire Agreement is between a business owner and/or client and a programmer. This agreement also contains a Copyright Assignment that assigns any programs written during the term of this agreement to the company and also affirms that an employee/employer relationship is not created. It is important that this type of agreement be memorialized in writing in the event of future misunderstandings or disagreements.

Among others, this Work for Hire Agreement – Programmer contains the following provisions:
  • Services: This provision sets out the specific services to be performed;
  • Ownership: This provision sets out the ownership of any copyrighted works;
  • Payment and Term: These provisions set forth the payment schedule and the term of the services to be performed by the programmer.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Work for Hire Agreement – Programmer
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Work for Hire Agreement - Programmer










This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Work for Hire Agreement  Programmer
4.  Copyright Assignment (short form)







General Information
Work for Hire Agreement - Programmer

This Work for Hire Agreement is an agreement between a business owner and/or client and an individual who will provide programming services. Having a written services agreement is helpful because it provides the terms and conditions of the arrangement.  What is involved in the project?  How much will the individual get paid?  How will the arrangement end?  When should the project be completed?  These are all questions that will be answered in the agreement.    

The following Work for Hire Agreement  Programmer can be used for a one-time project or for on-going services.  In addition, the agreement will reaffirm that an employer/employee relationship is not created.  This agreement also contains a Copyright Assignment that assigns any programs the programmer may write during the term of this agreement to the company.  Having a written Work for Hire Agreement will prove invaluable in the event of disagreements or litigation.

Employment relationships are governed by both federal and state law.  Many of the state laws differ dramatically; therefore, the client and the bookkeeper should become familiar with the laws of their specific state and the federal government before entering into this type of arrangement.  





Instructions and Checklist
Work for Hire Agreement - Programmer

   The parties should read this agreement carefully.

   The agreement should be signed at the beginning of the term of service.

   This form should not be used if the contractor is considered an employee of the client.

     This form includes an exhibit which should be attached and incorporated as part of this agreement.  

   Both the company and the programmer must sign the agreement.  Because both parties will want to retain an original, two originals should be signed.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



WORK FOR HIRE AGREEMENT
FOR PROGRAMMER

THIS AGREEMENT is made this        day of       , 20   , by and between           having its offices at              (hereinafter referred to as the “Company”) and             of                 (hereinafter referred to as the “Programmer”).

RECITALS

WHEREAS, the Company wishes to engage Programmer to provide certain programming services as a work for hire commissioned by the Company;

AND WHEREAS, the parties intend that the Company must be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Company to be the sole and exclusive owner of the copyright in the Work;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the parties agree as follows:

1. SERVICES

Company hereby engages Programmer to perform programming services as described on the Exhibit A attached hereto (the “Services”) and the Programmer hereby accepts such engagement subject to the terms and conditions of this Agreement.

2. OWNERSHIP

Programmer agrees that the Services performed by the Programmer hereunder shall be considered as “works made for hire” as contemplated by the United States Copyright Act of 1976. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part Programmer in connection with the Services shall be the exclusive property of the Company. Upon request the Programmer shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product.

If for any reason the Work Product or any part thereof shall be deemed not to be a work for hire commissioned by the Company, then Programmer hereby transfers and assigns all rights, ownership and interest including copyrights and any other intellectual property rights in and to the Work Product to Company.

3. PAYMENT

In consideration of the Services provided by the Programmer, Company shall pay Programmer a total sum of $         , payable in the following manner:
   
Upon execution of this Agreement, Company shall pay Programmer a sum of $       

Upon the completion of the Services hereunder, Company shall pay Programmer the remaining sum of $      .

4. TERM

This Agreement shall commence on the date above written and shall continue for a period of ______________ years. Either party may terminate this Agreement by giving Thirty (30) days written notice to the other.

5.  PROGRAMMERS REPRESENTATIONS AND WARRANTIES.  

Programmer represents and warrants that:

(a) Programmer is the sole creator of the Work Product and the Work Product does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.

(b) Programmer has the legal ability and authority to execute this Agreement without the consent of any other person or entity.

(c) Programmer has not granted, nor will grant in the future to any person or entity any rights or interest in the Work Product or the copyright thereof.

6. INDEMNIFICATION

Programmer hereby agrees to indemnify, defend, and hold harmless the Company its employees, officers, successors and representatives from and against any and all loss, damage, liability, cost and expense, including reasonable attorney's fees, incurred by the Company as a result of, arising out of or in connection with a violation of any term or condition of this Agreement required to be performed or observed by Programmer, or arising out of Programmers negligent acts, errors, omissions, or willful misconduct of Programmer.

7. INDEPENDENT CONTRACTOR

Nothing contained in this Agreement or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the Company and Programmer. Programmer is an independent Programmer and not an employee of the Company.  As an independent contractor, Programmer shall be solely responsible to pay all applicable taxes.  The Programmer shall not be entitled to participate in any Company plans, arrangements or distributions pertaining to any pension, stock, bonus, profit sharing or similar benefits.



8. FURTHER ACTS

Programmer agrees to carry out any such further actions which are necessary to ensure that Company secures the copyright and other intellectual property rights in the Work Product.

9. GOVERNING LAW

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the state of ___________________, without regard to conflicts of law principles.
   
10. COUNTERPARTS

This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

11. SEVERABILITY

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

12. NOTICE

Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Company:   ______________________________________________
            ______________________________________________
            ______________________________________________
   If to Programmer:   ______________________________________________
            ______________________________________________
            ______________________________________________

13. HEADINGS

The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and Programmer, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


COMPANY

                  
Signature
                  
Print Name
                  
Title
PROGRAMMER

                  
Signature
                  
Print Name































COPYRIGHT ASSIGNMENT


FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged ___________________________________________________ (the “Programmer”), residing at _______________________________________________________, hereby irrevocably transfers and assigns to ____________________________________________ (the “Company”), located at ______________________________________________________, its successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in and to the following Work Products ________________________________________________________.
IN WITNESS THEREOF, Assignor has duly executed this Agreement.
By: _______________________

Title:____________________Date: ____________________
























EXHIBIT A

SERVICES

Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34823
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Work for Hire Agreement - Programmer










This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Work for Hire Agreement  Programmer
4.  Copyright Assignment (short form)







General Information
Work for Hire Agreement - Programmer

This Work for Hire Agreement is an agreement between a business owner and/or client and an individual who will provide programming services. Having a written services agreement is helpful because it provides the terms and conditions of the arrangement.  What is involved in the project?  How much will the individual get paid?  How will the arrangement end?  When should the project be completed?  These are all questions that will be answered in the agreement.    

The following Work for Hire Agreement  Programmer can be used for a one-time project or for on-going services.  In addition, the agreement will reaffirm that an employer/employee relationship is not created.  This agreement also contains a Copyright Assignment that assigns any programs the programmer may write during the term of this agreement to the company.  Having a written Work for Hire Agreement will prove invaluable in the event of disagreements or litigation.

Employment relationships are governed by both federal and state law.  Many of the state laws differ dramatically; therefore, the client and the bookkeeper should become familiar with the laws of their specific state and the federal government before entering into this type of arrangement.  





Instructions and Checklist
Work for Hire Agreement - Programmer

   The parties should read this agreement carefully.

   The agreement should be signed at the beginning of the term of service.

   This form should not be used if the contractor is considered an employee of the client.

     This form includes an exhibit which should be attached and incorporated as part of this agreement.  

   Both the company and the programmer must sign the agreement.  Because both parties will want to retain an original, two originals should be signed.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



WORK FOR HIRE AGREEMENT
FOR PROGRAMMER

THIS AGREEMENT is made this        day of       , 20   , by and between           having its offices at              (hereinafter referred to as the “Company”) and             of                 (hereinafter referred to as the “Programmer”).

RECITALS

WHEREAS, the Company wishes to engage Programmer to provide certain programming services as a work for hire commissioned by the Company;

AND WHEREAS, the parties intend that the Company must be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Company to be the sole and exclusive owner of the copyright in the Work;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the parties agree as follows:

1. SERVICES

Company hereby engages Programmer to perform programming services as described on the Exhibit A attached hereto (the “Services”) and the Programmer hereby accepts such engagement subject to the terms and conditions of this Agreement.

2. OWNERSHIP

Programmer agrees that the Services performed by the Programmer hereunder shall be considered as “works made for hire” as contemplated by the United States Copyright Act of 1976. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part Programmer in connection with the Services shall be the exclusive property of the Company. Upon request the Programmer shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product.

If for any reason the Work Product or any part thereof shall be deemed not to be a work for hire commissioned by the Company, then Programmer hereby transfers and assigns all rights, ownership and interest including copyrights and any other intellectual property rights in and to the Work Product to Company.

3. PAYMENT

In consideration of the Services provided by the Programmer, Company shall pay Programmer a total sum of $         , payable in the following manner:
   
Upon execution of this Agreement, Company shall pay Programmer a sum of $       

Upon the completion of the Services hereunder, Company shall pay Programmer the remaining sum of $      .

4. TERM

This Agreement shall commence on the date above written and shall continue for a period of ______________ years. Either party may terminate this Agreement by giving Thirty (30) days written notice to the other.

5.  PROGRAMMERS REPRESENTATIONS AND WARRANTIES.  

Programmer represents and warrants that:

(a) Programmer is the sole creator of the Work Product and the Work Product does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.

(b) Programmer has the legal ability and authority to execute this Agreement without the consent of any other person or entity.

(c) Programmer has not granted, nor will grant in the future to any person or entity any rights or interest in the Work Product or the copyright thereof.

6. INDEMNIFICATION

Programmer hereby agrees to indemnify, defend, and hold harmless the Company its employees, officers, successors and representatives from and against any and all loss, damage, liability, cost and expense, including reasonable attorney's fees, incurred by the Company as a result of, arising out of or in connection with a violation of any term or condition of this Agreement required to be performed or observed by Programmer, or arising out of Programmers negligent acts, errors, omissions, or willful misconduct of Programmer.

7. INDEPENDENT CONTRACTOR

Nothing contained in this Agreement or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the Company and Programmer. Programmer is an independent Programmer and not an employee of the Company.  As an independent contractor, Programmer shall be solely responsible to pay all applicable taxes.  The Programmer shall not be entitled to participate in any Company plans, arrangements or distributions pertaining to any pension, stock, bonus, profit sharing or similar benefits.



8. FURTHER ACTS

Programmer agrees to carry out any such further actions which are necessary to ensure that Company secures the copyright and other intellectual property rights in the Work Product.

9. GOVERNING LAW

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the state of ___________________, without regard to conflicts of law principles.
   
10. COUNTERPARTS

This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

11. SEVERABILITY

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

12. NOTICE

Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Company:   ______________________________________________
            ______________________________________________
            ______________________________________________
   If to Programmer:   ______________________________________________
            ______________________________________________
            ______________________________________________

13. HEADINGS

The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and Programmer, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


COMPANY

                  
Signature
                  
Print Name
                  
Title
PROGRAMMER

                  
Signature
                  
Print Name































COPYRIGHT ASSIGNMENT


FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged ___________________________________________________ (the “Programmer”), residing at _______________________________________________________, hereby irrevocably transfers and assigns to ____________________________________________ (the “Company”), located at ______________________________________________________, its successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in and to the following Work Products ________________________________________________________.
IN WITNESS THEREOF, Assignor has duly executed this Agreement.
By: _______________________

Title:____________________Date: ____________________
























EXHIBIT A

SERVICES

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