FREELANCE WRITER AGREEMENT 

This agreement (the "Agreement") is entered into by ("Writer"), name as indicated on submission form, and Fortune Cookie Concepts, DBA Best Served Creative ("Company"). 

In consideration of the mutual covenants made herein, the parties agree as follows: 

Parties. Writer is engaged in the business of writing articles and other materials on a freelance basis. Company is engaged in the business of media distribution. 

Relationship. The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Company is not the employer of Writer, and Writer is not, and will not be treated as, an employee of Company for federal tax purposes, or any other purposes. 

Contract Period. This agreement will begin on the date of electronic submission and shall continue until terminated as provided by either party. If either party violates a term of this Agreement, then the other party (the "Non-breaching Party") may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time for any or no reason, effective upon thirty (30) days written notice. 

Services to be Provided by Writer. Writer agrees to submit, on their sole initiative, written articles to the Company on the subjects described in the submission form (the "Articles"). The manner and method of producing these Articles is solely at the discretion of Writer; Company has no right of control over Writer’s manner or method of performance under this Agreement. Writer will submit Articles in accordance with the schedule of copy deadlines being used by the Company.  Following publication of Article; Writer shall share on all social media platforms that Writer engages with, tag Company, and link back to original publication by Company.   

Representations and Warranties of Writer. By submitting an Article to Company, Writer represents and warrants that the Article is Writer’s original work, that the Article is not owned by any third party, that the Article is accurate, that the Article has not been obtained by unlawful means, that the Article has not been previously published in any manner or medium, specifically including, but not limited to, print or digital means, and that publication of the article by Company will not violate any copyright or other intellectual property right of any third party. 

Compensation. Company agrees to pay Writer $86 (eighty-six dollars) per Article published by Company. Under no circumstances will Writer be paid on an hourly, daily or other basis that is a function of time. Writer acknowledges and agrees that Company will only pay writer for Articles that are published, and Company has the sole and exclusive authority to determine whether or not to publish any and all Articles submitted by Writer.

Writer will be paid by paper check issued by Company’s 501(c)(3) partner, In The Weeds.  Paper check will be mailed by United States Postal Service to the Writer’s address of record on the Tuesday following the publication of Article. 

Taxes. As an Independent Contractor, Writer shall be responsible for the reporting, deposit and payment of any and all federal, state, and local taxes, including but not limited to income taxes, FICA taxes, and unemployment taxes incidental to the performance of, or payment under this Agreement. 

Assignment and Ownership of Intellectual Property. Writer hereby understands and agrees that all Articles submitted to, and published by, Company under this Agreement shall be considered works for hire, and further, to the extent any intellectual property right does not pass pursuant to a work for hire, Writer hereby assigns to Company all rights to publish the Article, and all previously submitted articles of Writer, in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including without limitation the rights to archive, republish, edit for spelling, punctuation and grammar, or repackage any Article in any manner as Company sees fit. The rights conferred upon Company by this agreement shall be exclusive to Company for a period of six (6) months after the first date Company initially publishes the Article.  Following the six (6) month period, all rights enumerated above will be shared by Writer and Company. 

This Agreement is entered into on this date of electronic submission.