Legal Question in Employment Law in California

Below is an exerpt of a template agreement for bookkeeping services. In the last sentence of item #7 (Work for Hire), who do you think the pronoun "us" is referring to?

The Contractor only?

The contractor and client both?

Thanks.

SERVICE AGREEMENT

This Service Agreement (the �Agreement�) is dated as of ________________________, 20____, by and between __________________________________________________ (�Contractor�) and ______________________________________________ (�Client�) (collectively the �Parties�).

The Parties agree as follows:

1. SERVICES: The Client hereby engages the Contractor to provide accounting and bookkeeping services for the Client. The services to be rendered by Contractor will include: preparation of billing statements, collection of accounts receivables, payment of association bills, reconciliation of Client�s bank statements, preparation of unaudited financial statements, assistance with independent auditor for preparation of audit report, general ledger audit, journal entries, monthly financials, bank reconciliations, payroll recording, general record retention, ______________________________ [add or delete any items] (hereinafter referred to as �Services�).

7. Work For Hire:

The Work contributed by Contractor hereunder shall be considered a "work made for hire" as defined by the copyright laws of the United States. Client shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the Work of Contractor in whatever stage of completion. If for any reason the results and proceeds of Contractor services hereunder are determined at any time not to be a "work made for hire", Contractor hereby irrevocably transfer and assign to us all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.


Asked on 10/25/11, 4:10 pm

1 Answer from Attorneys

I can tell what it seems intended to mean, but what it legally says is completely ambiguous. I would modify the form or find another one.

Read more
Answered on 10/26/11, 4:14 pm


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