Writers By Night — Manuscript Evaluation Agreement
Last updated: 2026-07-20
This Agreement covers custom-quoted manuscript evaluations with Writers By Night. (Standard, fixed-price evaluations purchased through our checkout are covered by our Sales Terms; this Agreement is for evaluations we quote and invoice individually.)
The specific details of your evaluation — your manuscript, its word count, the deliverables, the timeline, and the fee — are set out in the quote I send you, which forms part of this Agreement. By paying the invoice for your evaluation, you accept this Agreement and the scope in your quote.
I am Danielle Kiowski, doing business as Writers By Night, a sole proprietorship based in New Mexico, USA. Contact: danielle@writersbynight.com.
1. What the evaluation includes
I'll read your manuscript as submitted and provide a developmental evaluation — feedback on the big-picture elements of your story, such as structure, character, plot, and the choices shaping the draft. Your quote lists the specific deliverables, which center on a written editorial report on your manuscript.
2. What's not included
A developmental evaluation is not copyediting, line editing, or proofreading, and it doesn't include correcting grammar, spelling, or formatting. For discovery drafts, continuity tracking (catching inconsistencies in names, timelines, and details across the draft) is out of scope, because a discovery draft is expected to contain those. If you'd like work of that kind, we can discuss it as a separate engagement.
The evaluation covers your manuscript as submitted, at the word count in your quote. If you substantially revise the manuscript and want it re-read, that's a new evaluation.
3. Fees and payment
The fee for your evaluation is set out in your quote and is payable in full before I begin. I'll begin the read once payment has cleared. Payment is made by invoice through PayPal. You're responsible for any applicable taxes.
If your manuscript, on delivery, is materially longer than the word count your quote was based on, I'll let you know before starting, and we'll agree on any adjustment to the fee or timeline before I begin.
4. Timeline
I'll give you an estimated timeline in your quote and start once payment has cleared and you've sent your manuscript. If anything affects the timeline on my end, I'll let you know as soon as I can. If I'm delayed in getting your manuscript from you, the timeline shifts accordingly.
5. Refunds and cancellation
Because an evaluation is dedicated reading and writing time I set aside for you, the fee is non-refundable once I've begun the read. If you cancel before I begin, I'll refund what you've paid, minus any non-recoverable costs I've already incurred. If I'm unable to complete your evaluation for any reason on my end, I'll either complete it on a revised timeline we agree to, or refund the portion of the fee for work not delivered.
6. Your manuscript and confidentiality
You keep all rights to your manuscript and creative work. Sending it to me for evaluation doesn't transfer any rights in it to me.
I'll treat your manuscript as confidential and won't share it with anyone or use it for any purpose other than completing your evaluation, without your permission. My editorial report, methods, and frameworks — including the StoryPOWER System — remain my intellectual property; you're free to use my feedback to develop your own work.
Please share your manuscript with me as a Google Doc with commenting access, which is how I prefer to work.
7. What an evaluation is (and isn't)
My evaluation is my professional editorial opinion and guidance, offered to help you strengthen your manuscript. It's advice you choose whether and how to use. I make no guarantee about outcomes, including whether your manuscript will be finished, published, represented, or earn any income — those depend on many factors outside my control. Nothing in the evaluation is legal, financial, or other professional advice.
8. Limitation of liability and indemnification
To the fullest extent permitted by law, I won't be liable for any indirect or consequential losses, or for lost profits, arising from your evaluation. If I'm found liable to you in connection with your evaluation, my total liability won't exceed the fee you paid me for it. Nothing here limits any liability that can't be limited under applicable law, including for fraud or for death or personal injury caused by negligence.
You agree to indemnify and hold harmless Danielle Kiowski / Writers By Night from any third-party claim, including reasonable attorneys' fees, arising out of your breach of this Agreement or your violation of any law or the rights of a third party — including any claim that your manuscript infringes someone else's rights.
9. Governing law
This Agreement is governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. The state and federal courts located in New Mexico will have jurisdiction over any dispute arising out of your evaluation or this Agreement.
10. Contact
Questions about your evaluation? Email me at danielle@writersbynight.com.
