Sample Agreement
LoneTree Publishing Agency
P. O. Box 566
LOGAN, OH 43138-9533
AUTHOR-AGENCY AGREEMENT
The following shall constitute the agreement, entered into on ______________, 20____, between LoneTree Publishing Agency, hereinafter referred to as Agency, located in Logan, Ohio, and __________________________________, hereinafter referred to as Author, for publication of a creative work entitled: ______________________________________________________________________, hereinafter referred to as Title.
DEFINITIONS
1. The term “book form” is defined as including all traditional book forms using paper of various sizes and styles, in combination with available bindings and covers, both hard and soft, as well as all electronic book forms, including e-books and other programs for viewing of printed material using a computer or other electronic device. The term “first edition” is defined as including every copy of Title produced until such time as Title is revised. The term “first printing” is defined as including every copy of Title produced as a “first edition.” If Title is authored or owned by more than one person, the word “Author” is defined as including all collaborators, authors, or owners who are parties hereto, jointly and severally.
AUTHOR PROVISIONS
2. Author represents that he is the sole owner of Title and wishes to retain Agency in connection with the production, in book form, of finished copies of Title. Author requests the following traditional book form attributes:
# of pages: _____________ # of copies desired: _________
binding: _______________ cover: ____________________
finished size: ___________ Copyright desired: YES / NO
Further, Author requests Agency to act as book agent for Title, presenting Title to various publishers and producers as Agency deems appropriate to Title’s length, genre, and presentation. (See Provisions 4, 9, and 10 below.)
3. Author covenants and represents that Title has not hitherto been published in any form; that it contains no matter that, when published, will be libelous or otherwise unlawful, or which infringes upon any proprietary interest at common law or statutory copyright; that Author is the sole proprietor of Title and has full power to make this grant and agreement, and that Title is free of any lien, claim, charge or debt of any kind, and that Author and his legal successors and/or representatives will hold harmless and keep indemnified Agency from all manner of claims, proceedings and expenses which may be taken or incurred on the ground that Title is subject to any such lien, claim, charge, or debt, or that it is in such violation, or that it contains anything libelous or illegal.
4. Author grants and assigns to Agency for a period of five years from the date of the signing of this agreement by both parties thereto the exclusive right to publish*, sell, lease, or export, or cause to be published, sold, leased, or exported, Title in book form in any language or languages, in the United States of America, its Dependencies, and in Canada; and the exclusive right to arrange for the publication of Title in book form in all foreign countries, and/or to export copies to these territories and countries. Author and Agency agree that this agreement is renewable upon the date of its expiration for an additional and successive period of five years, on the same terms and conditions as specified herein, provided that both parties to this agreement shall mutually ratify such renewal in writing at least three months prior to the date of expiration as set forth above.
*NOTE: If Agency is successful in placing Title with a major publishing company, Agency will turn over all publishing rights invested in Agency to the major publishing company. (Agency will, however, retain the right to collect Agency fees from Author's royalties.) At the end of one year, if Agency has been unsuccessful in placing Title with a major publisher, Agency will offer to terminate this agreement. At that time, Author may buy the cover and print files from Agency for $25.00 and Agency will relinquish publishing rights to the Author. Otherwise, Agency will provide book copies of Title to the Author, at the prices offered on the date of order, for at least the succeeding five years.
5. Author agrees that all copies of Title used for review and/or publicity purposes, and all that Agency delivers to Author without receiving payment in money, and all that Agency delivers to Author at a discount from the regular retail price, shall not be subject to any payment to Author.
6. If Author consists of multiple persons as noted above, all sums payable to Author shall be divided equally between or among them and Agency shall tender separate accounts and make separate payments to each of them unless Author designates, in writing, an individual as sole recipient of such sums.
7. If Author makes any changes and/or alterations in the proofs of Title as submitted by Agency after it has been set up in type (other than corrections of Agency’s errors), or if Author shall add additional material thereto at any time after the signing of this agreement, the Agency agrees to make such changes and/or alterations, and to add additional material, only on condition that said changes and/or alterations and the inclusion of any new material shall be approved by Agency as benefitting Title, and on condition, furthermore, that Author shall pay to Agency, prior to publication, all additional costs involved in so doing.
8. Author agrees that all matters dealing with the design and production of Title shall be at the discretion of Agency.
9. Author agrees to participate actively in promoting the sales of Title in his home town and elsewhere, by making himself available for media interviews, book readings and/or signings, and other public sales promotion appearances.
10. Author agrees that Agency shall have the exclusive right for the duration of this Agreement to negotiate for the sale, lease or other disposition of Title in motion pictures; dramatic, radio, and television presentations; and/or all other fields. It is also agreed that Agency may engage an agent, or agents, to negotiate, or assist in negotiating, for such sale, lease, license or other disposition. Approval of all terms, provisions and conditions of any and all contracts in connection with any such sale, lease, license or other disposition shall be given by Author upon the recommendation of Agency; and, for that purpose, Author agrees to duly execute any and all contracts, assignments, instruments and approved papers submitted by Agency. All compensation received for such sale, lease, license or other disposition shall be collected and disbursed by Agency, and all contracts for such sale, lease, license or other disposition shall provide that such compensations are to be paid to Agency; and Agency is authorized to receive, collect and disburse same and to endorse and deposit all checks and/or drafts for such payment.
11. Author acknowledges that Agency has not made any prior pledges, promises, guarantees, inducements, of whatever nature, either in writing, by word of mouth, or in any form, that are not contained in the terms of this agreement.
AGENCY PROVISIONS
12. Agency agrees to produce the Title in traditional book form, in such format, type and style of paper, jacket and binding as will make the volume attractive and substantial-looking. It is specifically understood and agreed, furthermore, that the said volume will contain all manuscript pages as submitted by Author and will be printed on good quality paper with the bound size to be as given in provision 2.
13. Agency agrees to cause all copies of Title to be printed as the market demands.
14. Copyright, if not acquired by Author prior to this agreement and if requested by Author in Provision 2 (above), shall be taken out in the name of Author in the United States of America and in foreign countries as the Agency may deem advisable. For the United States of America, this provision will incur an additional fee of $100.00.
15. Agency agrees to distribute, at their discretion, for purposes of publicity and/or review, copies of Title and other promotional information pertaining to Title, to publications throughout the United States and/or the Dominion of Canada, or elsewhere. Distribution of this promotional material shall be at Agency’s cost and expense and to media outlets of Agency’s choice. Author agrees that excerpts of Title may be included in this promotional information. Sales promotion, advertising and publicity shall be at Agency’s election and discretion as to the extent, scope and character thereof and in all matters pertaining thereto.
16. Agency shall furnish Author with an electronic page proof of Title which conforms to the completed manuscript as submitted by Author. Author agrees to return such proof to Agency with his grammar and/or spelling and/or “typo” and/or non-substantial editing corrections within fifteen (15) days of the receipt thereof by him. The cost of alterations in the page proof required by Author, other than corrections of Agency’s errors, shall be itemized and submitted to Author, prior to publication, for payment.
17. Agency agrees to keep and maintain true and accurate records relating to the distribution of copies of Title, including reports of all sales and collections therefrom.
18. Agency agrees to render and forward to Author, in the months of May and November next succeeding the date of publication of Title, and thereafter semi-annually, statements of account for so long as copies of Title are sold. A statement reflecting NO book sales will be noted as being the last statement to be sent, until further book sales occur. Author may, upon giving sufficient notice of no less than seven days, examine Agency’s records and account to the extent that such records and account are relevant to the publication of Title, which shall be done at Author’s expense.
19. Agency agrees to produce Title within 120 days from the date of the signing of this agreement by both parties thereto and the receipt of funds from the Author, provided Agency is not hindered by causes beyond its own control, or by Author.
PAYMENT PROVISIONS
20. Author will, upon furnishing Agency with Title in its final version as an electronic file, pay the sum of $______________* for publication and representation of Title, such payment to be made by check, draft, or money order, mailed to Agency at the address at the head of this agreement. The copyright fee has / has NOT (delete one option) been included. Additional copies of Title may be purchased by Author for $_______ per copy. (This per-copy price may change due to market fluctuations. Agency will notify Author upon price changes. Quantity discounts are available: 5% discount for 101 - 250 books; 10% discount for 251-500 books, and 15% for quantities of 501 or more books.)
*This sum (our Basic Start-Up Fee) includes: Book cover fees, print block fees, printer fees (including ISBN number and INGRAM-Baker listings), and up to ten (10) copies of Title shipped to Author.
21. All profits received by the Agency for the publication of extracts from Title, or for serial use after publication in book form, or for translations, or for abridgements, or as a book club selection, shall be divided in the proportion of 80% to Author and 20% to Agency. Additionally, all profits received by Agency for the dramatic or motion picture rights, or for the first serial rights prior to book publication, or for foreign, radio, dramatic, cheap edition, television and/or all other rights in Title shall be similarly divided between Author and Agency.
22. In the event of the infringement, by others, on the copyright, or other rights, in Title, Agency may, in its discretion, sue, or employ other remedies as it may deem expedient, and shall pay Author fifty (50) percent of the net proceeds of any recovery.
COMMON PROVISIONS
23. This agreement is entered into by both parties in good faith, with the mutual understanding that neither party has guaranteed, or is to guarantee, the sale of any specific number of copes of Title, it being impossible to predict, before publication, what success any book may attain.
24. When in the judgment of Agency, the public demand for Title is no longer sufficient to warrant its continued manufacture, Agency may discontinue further manufacture and destroy any or all books, sheets and electronic files without any liability in connection therewith to Author. However, Agency agrees to notify Author of such decision in writing, and will offer to transfer to Author Title, the bound copies and sheet stock (if any) to Author at Agency cost plus shipping. Unless Author shall, within thirty (30) days, accept said offer and pay the amount set forth in said writing, Agency may dispose of Title, books, sheets and other property without further liability.
25. This agreement shall be binding on, and inure to the benefit of, the executors, administrators, heirs and assigns of Author, and the successors and assigns of Agency. NO assignment by Author shall be binding on Agency without the written consent of Agency; provided, however, that Author may assign and transfer any monies due, or to become due to him, hereunder.
26. The provisions of this agreement shall apply to and bind the heirs, executors, administrators and assigns of Author, and the successors or assigns of Agency.
27. All unresolved disputes and controversies of any kind and nature within the scope of this agreement (whether arising from fraud, mistake, questions of the existence, validity, construction, performance, nonperformance, operation, or breach) shall be submitted to an Arbitrator selected in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the City of Logan, Ohio, in accordance with the Arbitration Rules, and the decision of the arbitrator shall be final and binding on the parties to the proceeding, subject only to the right of judicial relief as prescribed by law. This agreement shall be governed and construed in accordance with the laws of the State of Ohio. Author and Agency irrevocably submit to the jurisdiction of any Ohio State or Federal court sitting in the City of Logan over any suit related to this agreement.
28. Any written notice required under any of the provisions of this agreement shall be deemed to have been properly served by delivery in person or by mailing same to the parties hereto at their addresses as of the date set forth above, except as the addresses may be changed by notice in writing, provided, however, that notices of termination shall be sent by registered mail.
29. A waiver of any breach of this agreement or of any of the terms or conditions by either party hereto, shall not be deemed a waiver of any repetition of such breach or in any way affect any other terms or conditions hereof; no waiver shall be valid or binding unless it shall be in writing, and signed by the parties.
IN WITNESS WHEREOF, the parties hereto set their hands and seal the day first above written.
_____________________________ ___________________________
for LoneTree Publishing Agency, (Author)
General Partner
_____________________________ ___________________________
(Witness) (Witness)
___________________________
Author’s Social Security Number