Please be sure to read this contract thoroughly as it explains your responsibility as an author and my responsibility as a publisher. If you have any questions please contact me at firstname.lastname@example.org
This agreement is between the author (you) and Kim Richardson, hereinafter called the publisher.
WHEREAS, the Author desires the Publisher to publish the Author’s work in Kindness Crusader, (hereinafter called the “work”), and the publisher desires to publish the Work.
NOW THEREFORE in consideration of the promised hereinafter set forth and for the valuable consideration, receipt whereof is acknowledged, the parties agree to the follows;
A. The Author hereby grants and assigns to the Publisher, its successors, representatives, and assigns, the sole and exclusive right to publish (i.e., print, publish, and sell) the Work in the English language in all forms in the United States of America, its territories and dependencies, and Canada, during the full term of copyright and any renewals and extensions thereof, except as provided herein.
B. The Publisher shall have the sole and exclusive right to publish or to license the Work for publication in the English language or in any other language in the United Kingdom and in any other foreign country, except as provided herein.
1. Author's Warranties and Indemnity
A. The Author warrants to the Publisher and its licensees that she is the sole Author and proprietor of the Work; that the Work has not heretofore been published in book form; that she/he is the owner of all the rights granted to the Publisher, and has full power to enter into this agreement, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original and not in the public domain; that it does not violate the right of privacy of any person; that it contains no libelous, obscene, or other unlawful matter; and that it does not infringe upon the copyright or violate any other right of any person or party. The Author agrees to hold the Publisher harmless against any damages, including attorney's fees, finally sustained in any suit involving the Publisher or its licensees by reason of a violation of any of these warranties.
2. Delivery of New Work Manuscript
A. The Author agrees to deliver to the Publisher one (1) copy of the final manuscript of the work, in content and form satisfactory to the Publisher, on or before August 1, 2019, (hereinafter referred to as the “Initial Delivery Date”), in proper shape for the press. Failure to deliver in all respects as defined herein shall be just cause for the Publisher to terminate this agreement.
B. If the Publisher, in its sole discretion, reasonably deems the Manuscript, and/or any other materials delivered by the Author to be unacceptable in form and substance, then the Publisher shall promptly advise the Author by written notice, and the Author shall cure any defects and generally revise and correct the Manuscript and/or other materials to the reasonable satisfaction of the Publisher, and deliver fully revised and corrected Manuscript and/or other materials promptly after receipt of the Publisher’s notice.
C. If the Author fails to deliver the Manuscript or other materials required under this Agreement, and/or any revisions and corrections thereof as requested by the Publisher, on the dates reasonably designated by the Publisher, or if the Author fails to do so in a form and substance reasonably satisfactory to the Publisher, then the Publisher shall have the right to terminate this Agreement by so informing the Author by letter sent by certified mail, return receipt requested, to the address of the Author set forth herein. Upon termination by the Publisher, the Author will not be returned any sums previously paid to the Publisher.
3. Author Changes to the Work
A. The Publisher agrees to allow the Author to make changes in the Work, at the final proof stage on/before the deadline of Oct 1, 2019, at a rate of $5 per edit to the author, of which will need to be paid prior to publication. The Author agrees to correct and return, no later than ten (5) days after the receipt thereof, proofs provided by the Publisher. The Author agrees to deliver to the Publisher final revised copy satisfactory to the Publisher in content and form.
B. The Publisher agrees to publish the Work within twelve (12) months from the date of this contract. In case of delays from causes beyond the control of the Publisher, or in case the Author fails to return proofs within five (5) days after they have been delivered to her, the period shall be extended to cover such delays. Should the Publisher fail to publish the Work before the expiration of said period, except as provided herein, its failure to do so shall be deemed cause for the Author, if he so desires, to terminate this Agreement and receive a refund of all monies paid.
4. Advertising and Promotion
A. The Publisher shall have the right to use, and to license others to use, the Author’s name, image, likeness and biographical material for advertising, promotion, and other exploitation of the Work and the other rights granted under this Agreement provided the Publisher has obtained the Author’s approval which shall not be unreasonably withheld to said use and exploitation.
B. The Publisher shall have the right to determine the time, place, method and manner of advertising, promotion and other exploitation of the Work provided the Publisher has consulted with the Author, and provided that for any exploitation requiring the Author’s presence the Author’s approval, which shall not be unreasonably withheld, shall be obtained.
5. Publishers responsibility
A. The publisher agrees to complete the following;
• Publish the work in hard copy, obtaining a universal ISBN for wide distribution
• Create book cover design
• Publish the work eBook format for Amazon Kindle
• Create marketing material for the authors use to promote the book
6. Force Majeure
The failure of the Publisher to publish or republish any of the Work shall not be deemed to be a violation of this Agreement or give rise to any right of termination or reversion if such failure is caused by restrictions of government agencies, labor disputes, or inability to obtain the materials necessary for its manufacture, or occurs for any other reason beyond the Publisher's control; and in the event of delay from any such cause, the publication date or reissue may be postponed accordingly.
7. Royalties, Statements & Payments
A. The author agrees to pay the publisher the sum of $275 for publishing their work. Any edits requested after submittal deadline of August 1st but prior to publishing will be charged $5 per edit.
B. The Author shall receive a one-time royalty payment 1 year from publish date. All the revenue collected from hard copy book sales and eBook sales for first year of publication on Amazon will be split equally amongst all paid authors. All authors will be able to purchase as many hard copies of the work during the duration the book is published at a wholesale price (which will be determined at the time of publication). Publisher will send the author the appropriate tax forms which must be returned prior to pay out of royalities.
C. A full statement of sales will be provided to all authors along with royalty payment.
8. Term of Agreement
Unless previously terminated as provided herein, this agreement shall continue in force, with respect to copyright obtained under the laws of any country covered by this agreement, for the term of the original copyright, renewal, or extension thereof which relates to the Work and which may accrue to the owner of the copyright under the present or any future law of said country.
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
No amendment of, addition to or modification of this Agreement shall be effective unless reduced to writing and signed by the parties hereto.
11. Laws Applicable
This Agreement shall be interpreted according to the laws and statutes of the United States of America and of the State of Arizona, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in the Superior Court, State of Arizona.
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement.
13. Entire Agreement
This Agreement sets forth the entire agreement of the parties and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied.
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