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How to Create a Ghostwriting Contract requires outlining clear terms between the ghostwriter and the client. A ghostwriter may work on anything from short essays to full-length books, but their role is usually confidential, and they rarely receive public credit. To avoid misunderstandings, it’s crucial to define the scope of work, compensation, and deadlines in a written contract signed by both parties. Such an agreement is legally binding and ensures protection for both the ghostwriter and the client if disputes occur.
Part1 .Outlining the Responsibilities of the Ghost Writer and the Client
1. Identify the parties to the contract.
The opening paragraph should clearly set forth the names of the parties entering into the ghostwriting agreement. Define the role of each participant, such as “Client” or “Ghostwriter.” If either party is represented by an agent or attorney, those names should also appear. Additionally, include the date of the agreement in this section.
At the top of the document, place the title “GHOSTWRITING AGREEMENT” in bold and centered. For example:
This Agreement, hereinafter referred to as the “Agreement,” was entered into on [insert the month, day, and year].
You may then follow with:
The parties to this Agreement, [insert names and addresses], hereby agree to all terms set forth below.
- Example client clause: 1. [Client name] is hereinafter referred to as “Client.”
- Example ghostwriter clause: 2. [Ghostwriter name] is hereinafter referred to as “Ghostwriter.”
Subheading: Parties to the Agreement
📖 Learn more: Legal Templates – Ghostwriting Agreement
2. Define the scope of work.
The scope of work specifies exactly what is being written (e.g., a book, essay, or article). It should clarify whether the Ghostwriter needs to collaborate with other contributors such as editors or illustrators, and outline how the Client will provide information.
For example, when ghostwriting an autobiography, the contract may state that the Ghostwriter will meet with the Client to gather stories, documents, and background materials.
- [Insert paragraph number]. Client is contracting with the Ghostwriter for a book-length manuscript of at least 300 pages.
- [Insert paragraph number]. The manuscript will be written as an autobiography.
- [Insert paragraph number]. The tentative title of the book will be [insert title], subject to Client’s final approval.
Subheading: Scope of Work
📖 Reference: UpCounsel – What Is a Ghostwriting Agreement?
3. Detail each person’s responsibilities.
Responsibilities should be clearly divided between the Client and Ghostwriter to avoid disputes. The Client may agree to provide information, documents, or participate in interviews. The Ghostwriter should commit to drafting, editing, and revising the manuscript.
- [Insert paragraph number]. Client agrees to meet with the Ghostwriter at least five times to provide information.
- [Insert paragraph number]. Ghostwriter will prepare interview questions to support project development.
- [Insert paragraph number]. Ghostwriter agrees to two major revisions of the manuscript; further revisions may be done for an additional fee.
- [Insert paragraph number]. Ghostwriter is responsible for submitting an edited and finalized draft including agreed revisions.
Subheading: Responsibilities of the Parties
📖 Reference: Freelancers Union – Contracts 101
4. Establish a deadline.
A deadline ensures that the project stays on track and protects both parties from financial or contractual risks. Timelines should be realistic, especially for book-length projects which may take a year or longer depending on the scope and required collaboration.
- [Insert paragraph number]. The tentative completion deadline is [insert date]. A draft must be delivered by [insert date] to allow sufficient time for revisions.
- [Insert paragraph number]. Client has the right to approve the completed manuscript. If the manuscript is not approved, Ghostwriter will have 30 days to make corrections.
Subheading: Deadlines and Delivery
📖 Reference: Rocket Lawyer – Ghostwriting Agreement
Part2 Setting Forth Compensation and Credit Provisions
1. Consider an appropriate fee.
When negotiating compensation, several factors should be evaluated, including the length of the project, the required timeline, and whether payment will be structured as a flat fee or royalties. A flat fee is often calculated by estimating the total number of hours needed (writing, research, revisions, meetings) and multiplying this by the ghostwriter’s hourly rate.
In some cases, ghostwriters may accept a smaller upfront fee in exchange for a share of future royalties. For high-profile projects—such as celebrity autobiographies—accepting royalties can be financially beneficial if the book is expected to perform well in the market.
Subheading: Determining the Fee Structure
📖 Reference: Reedsy – How Much Does a Ghostwriter Cost?
2. Specify the payment parameters.
The agreement should clearly outline payment terms to avoid disputes. This includes the total fee, upfront payments, deadlines for installments, royalties (if applicable), and the method of payment. For example:
- [Insert paragraph number]. Client agrees to pay Ghostwriter a total fee of [insert amount] for completion of the project.
- [Insert paragraph number]. Payment schedule: 50% upfront (by [insert date]) and 50% within 10 days of final delivery.
- [Insert paragraph number]. Additionally, Client agrees to pay Ghostwriter [insert percentage] of royalty fees from sales.
- Alternative clause: If no royalties apply, state that the flat fee is the Ghostwriter’s sole compensation.
Subheading: Payment Terms and Royalties
📖 Reference: Freelancer’s Union – Setting Rates
3. Recognize the limits on receiving credit.
Even if the Ghostwriter authors the full manuscript, they do not retain ownership of the final work. By default, the copyright belongs to the Client (the credited author). Contracts typically include clauses that transfer all work products—notes, drafts, outlines—to the Client as the sole owner.
Sample clauses may include:
- [Insert paragraph number]. Client is the exclusive owner of the final project and all related materials. Ghostwriter transfers all ownership rights to Client.
- [Insert paragraph number]. Client is the sole copyright holder. If necessary, Ghostwriter agrees to assist in transferring copyright.
Subheading: Ownership and Copyright Transfer
📖 Reference: Harvard Library – Copyright Basics
Part3 Including a Warranties and Representations Section
1. Set forth a confidentiality provision.
Most ghostwriting contracts include a confidentiality clause to protect the Client’s privacy and intellectual property. This clause prevents the Ghostwriter from disclosing any details about the project, including their involvement, shared information, or the nature of the collaboration. In some cases, Clients may also require a separate Non-Disclosure Agreement (NDA) for additional protection.
Example clause:
- [Insert number]. Ghostwriter acknowledges that they will gain access to confidential, proprietary, or personal information during the project. Ghostwriter agrees not to disclose such information to third parties during or after completion of the project.
Subheading: Confidentiality and NDAs
📖 Reference: NOLO – Non-Disclosure Agreements Explained
2. Include an escape clause.
Every professional ghostwriting agreement should contain an escape or termination clause. This provision ensures that if the Client and Ghostwriter cannot collaborate effectively, either party may end the relationship without legal disputes. To remain fair, the clause should specify that the Ghostwriter is compensated for time spent or a proportional fee if the work is incomplete.
Example clause:
- [Insert number]. Either party may terminate this agreement prior to the deadline by providing 30 days written notice. Ghostwriter shall be compensated proportionally for the amount of work completed or by a flat fee if the Client rejects the draft.
Subheading: Termination and Compensation
📖 Reference: Upwork – Freelance Contract Clauses
3. Add a warranty clause.
Warranty provisions protect the Client by ensuring originality and legal compliance. The Ghostwriter typically warrants that the manuscript is their own work, free from plagiarism, and does not infringe upon the rights of third parties. This clause provides both parties with legal recourse if copyright disputes arise.
Example clause:
- [Insert number]. Ghostwriter warrants that, to the best of their knowledge, the content delivered under this Agreement is original, not plagiarized, and does not infringe on any copyright or intellectual property rights.
Subheading: Warranties and Originality
📖 Reference: Stanford University – Copyright & Fair Use
Part4 Finalizing the Ghostwriting Agreement
1. Format the document.
The contract should be typed using a standard, professional font such as Times New Roman and printed in black ink. Each paragraph should be numbered sequentially after the opening section to ensure clarity. At the end of the document, provide signature lines for both parties, with their names and roles (Ghostwriter or Client) typed below. Beneath each name, include the corresponding address. Finally, proofread the agreement carefully to eliminate grammatical or typographical errors before presentation.
Subheading: Professional Formatting Standards
📖 Reference: ABA – Best Practices for Contract Drafting
2. Have the client review the document.
Once the draft is completed, it should be shared with the Client for review. Both parties should confirm that the terms reflect their understanding and make any necessary revisions. If changes are made, a new draft must be prepared and distributed to both the Ghostwriter and the Client to ensure mutual agreement on the updated terms.
Subheading: Contract Review Process
📖 Reference: Rocket Lawyer – Reviewing a Contract
3. Sign and date the agreement.
The contract becomes legally binding only once both parties sign and date it. Each party should receive an original signed copy for their records, rather than a photocopy, to ensure enforceability. It is recommended to prepare two originals so that the Ghostwriter and Client both retain a signed version.
Subheading: Executing the Agreement
📖 Reference: LawDepot – How to Sign a Contract Properly