SHADOW LINE PRESS SAMPLE AUTHOR'S CONTRACT
AGREEMENT
made this ________day of _____________, 2010 between _____________________________________ , whose residence address is __________________________________(hereinafter
called the Author); and Shadow Line Press whose principal place of business is at 149 Magnolia Drive, Winterville, NC 28590 (hereinafter called the Publisher);
This contract is considered legal and
binding in all countries. If there should be any legal dispute,
the laws of the state of North Carolina shall apply.
WITNESSETH:
In consideration of the mutual covenants herein contained, the parties agree as follows:
1. GRANT
A. The Author grants to the Publisher for a period of two (2) years from the date of first publication the sole and exclusive right to publish and sell an English language paperback edition of
the Work throughout the United States, its territories, possessions, Canada, and Great Britain. The Author also grants to the Publisher the exclusive right to publish an electronic (E-book)
edition of the Work throughout the same territories granted under the paperback rights.
B. Upon the expiration of this agreement two (2) years from the date of original publication, the Publisher shall have first option to conclude any agreement with the Author for continued
publication rights to the Work on terms to be mutually agreed upon. Should no such agreement be concluded within sixty (60) days of the expiration of this agreement, all rights to the
Work shall automatically revert to the Author.
2. REPRESENTATIONS AND WARRANTIES
The Author hereby represents and
warrants to the Publisher that:
A. The Work is original with him/her and has not heretofore been published in paperback form, that he/she is sole author and proprietor of said Work with full power and
right to enter into this agreement and to grant the rights hereby conveyed to the Publisher.
B. The Author has not heretofore and will not hereafter during the term of this agreement enter into any agreement or understanding which would conflict with the rights herein granted
the Publisher.C. The Work is free and clear of any
counts of libel, plagiarism, breach of privacy or misrepresentation
of facts.
D. The Work does not infringe upon
any copyright or proprietary right, common law or statutory law,
and does not contain any material of libelous nature.
E. The Work is not in the public domain
and the Author is the sole owner and copyright holder of the work
with full power to enter into this contract.
F. The Author releases Publisher from
any responsibilities relating to any legal actions incurred by the
contents of the Work or the Author. G. If the Author breaches this warranty, the Publisher shall be entitled to injunctive relief in addition to all other remedies which may be available to it.
H. The Author further agrees to hold the publisher, its distributors, and any retailer harmless against any recovery or penalty finally sustained arising out of the breach of this warranty, and
in this event the Author will reimburse the Publisher for all court costs and legal fees incurred. Any out of court settlement of any suit filed jointly against the Author and the Publisher shall
be made only by mutual agreement in writing between same.
I. The representations contained herein
are true on the date of the signing of this contract.
4. ROYALTIES
A. The Publisher will pay the Author royalties based upon net sales as reported by the Publisher's distributors as follows: On copies sold at the full retail price as imprinted on the cover: six
percent (6% ) of said retail price on the five-thousand (5,000) copies sold, eight percent (8%) on copies 5,001-10,000 and ten percent (10%) on all copies sold thereafter.
B. The Publisher has the right to
contract with distributors, bookstores, vendors, organizations and
or outlets of paperback and electronic books to sell the Work in association with
the
Publisher's name. For all sales through these outlets, the Author
will be compensated 5% of the sales price less any handling
costs or discounts charged by the outlet.
C. No royalty shall be paid on paper
or digital copies distributed for review, advertising, publicity,
promotional purpose, samples, or other similar purposes, or on copies
sold below or at
cost.
D. If Publisher decides to contract with various distributors and outlets,
royalties will be paid to Author contingent on payment received
from distributor. In most cases, distributors pay
Publishers every
sixty to ninety days for sales through their channels during those
time frames.
E. The Author is responsible for paying
his/her own taxes on all royalty payments received from Publisher
and is advised to keep accurate records for tax purposes. A 1099misc
form will
be sent to the author if necessary.
5. MARKETING AND PROMOTION
A. The Author shall provide the Publisher
with biographical information, a photo (if author desires), and
a suggested blurb for use on Publisher's website. Author agrees
to give Publisher
the right to use the Author's name, likeness,
title of work and biographical material for publishing, advertising
and promoting the Work. Publisher reserves the right to edit or
rewrite the
blurb submitted by Author.
B. Cover art will be provided by Publisher.
If the Author has his/her own cover art, the Author must warrant
that the provided art is either owned by the Author or that it does
not infringe on
any copyright.
C. Publisher reserves final approval
of art in consultation with Author.
D. Author agrees to self-promote the
Work to the best of his/her ability. Author agrees to keep Publisher informed of all promotional activities and book signings. If Author has his/her own
website,
the Work must be linked to the Publisher's website. With any promotional
material the Author generates, the Author will consult with Publisher
to insure proper use of Publisher's
name and/or other information.
E. Author may use up to 3 chapters
to post on his/her website or to give away as "teasers"
to promote the work provided it includes a link to Shadow Line Press. F. Publisher will send out the work
for review to no less than three review sites. Author may request
a review copy for his/her promotional efforts. Author
is encouraged to solicit reviews
along with the Publisher. For added
promotional purposes, Publisher and Author agree to notify each
other as to what review sites submissions have been made.
6. SUBSIDIARY RIGHTS
A. The Author and/or his agent shall retain in full the exclusive right to sell or license the Work for publication in whole or in part, in English or in any foreign language, in any way,
shape, edition, or form not in conflict with the rights granted to the Publisher under this agreement.
7. STATEMENTS AND PAYMENTS
A. The Publisher shall forward to the Author royalty statements to be computed as of June 30 and December 31 of each year of this agreement within thirty (30) days following such
respective dates along with any payments indicated to be due thereby.
B. The Author shall have the rights to examine or cause his/her duly appointed representatives to examine the accounts of the Publisher at any time after written demand by the Author. In
the event discrepancies between royalty statements and the Publisher's accounts shall total more than one hundred dollars ($100.00) in the Author's favor under this and any other
agreement between the Author and the Publisher, the Publisher shall tender such monies due to the Author within thirty (30) days, along with reimbursement in full for any duly verified
expenses incurred by the Author as a result of the auditing procedure. Should such discrepancies total less than one hundred dollars ($100.00), in favor of the Author, the Publisher shall
tender such money due to the Author within thirty (30) days, but shall not be liable for reimbursement of the Author's expenses.
8. MANUSCRIPT AND DELIVERY
A. The Author agrees to deliver to the Publisher on or before___________________________and in final revised form an English language manuscript of approximately ____________words
in Microsoft Word format. If the Author fails to deliver said manuscript to the Publisher within the time herein provided, or having delivered same shall otherwise breach this agreement,
this contract shall be considered void.
B. If, in the opinion of the Publisher, the manuscript is unacceptable or unsatisfactory to the Publisher, the Publisher may reject it by written notice within thirty (30) days of delivery, in
which case this agreement shall be deemed terminated and all rights granted to the Publisher under this agreement shall revert to the Author.
C. Publisher
will not be held liable for lost manuscripts or defective disks.
Author should always keep a back up copy.
9. EDITING RIGHTS
A. Publisher agrees to consult with the Author regarding any changes, additions, deletions, abridgements, or condensations in the text of the Work or changes of title. However, final
editorial control on content belongs to the Publisher
B. If Publisher and Author cannot reach an agreement on the nature of editing changes proposed by the Publisher, then the Publisher reserves the right to terminate this contract with
written notice.
10. GALLEYS AND PROOFS
A. Prior to publication the Publisher shall provide the Author with a proof copy of the Work, which the Author shall correct and return to the Publisher within twenty (20) days of receiving
same.
B. The expense of the Author's proof corrections exceeding ten percent (10%) of composition costs shall be charged against the Author's royalties hereunder, except that any such
correction resulting from the Publisher's failure to faithfully reproduce the text of the manuscript as delivered by the Author shall in no case be charged against the Author's royalty
account.
11. PUBLICATION
A. The Publisher agrees to publish Work within nine (9) months of approval and acceptance of the Author's final manuscript. In the event the Publisher shall fail to publish the Work by said
date, this agreement shall terminate forthwith, and all rights hereunder shall revert to the Author. However, this mandated publication date may be extended to any other date, and any
number of such extensions may be made, upon mutual agreement between the Publisher and the Author.
12. AUTHOR'S COPIES
A. On publication the Publisher shall give to the Author three (3) copies of the published Work, which may not be resold. Any further copies desired by the Author may be purchased
directly from the publisher at a discount based on the following per order sliding scale- 1-50 copies purchased: thirty percent (30% discount); 51-100 copies purchased: thirty-five percent
(35%) discount; 101 copies or more purchased: forty percent (40%) discount. Author agrees to pay all shipping and handling costs associated with each Publisher-to-Author order.
13. INFRINGEMENT
A. If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be
required to restrain such infringement or to seek damages therefor. The Publisher shall not be liable to the Author for the Publisher's failure to take such legal steps. If the Publisher does
not bring such an action, the Author may do so, in his name at his own expense.
B. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall
belong to the Author, provided, however, that any money damages recovered on account of a loss of the Publisher's profits shall be divided equally between the Author and the Publisher.
14. BANKRUPTCY AND INSOLVENCY
A. If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be
appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or
insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective
as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted
hereunder shall thereupon revert to the Author.
15. INHERITANCE
This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the
Publisher.
16. ENTIRE AGREEMENT:
This Contract hereby constitutes the
entire agreement between Author and Publisher and supercedes all
previous agreements regarding the Work, whether oral or in writing.
Modification
of this contract may only occur in writing, signed
by both parties.
Author's Real Name: _______________________________________
Pseudonym (if any): _______________________________________
Street Address: __________________________________________
City, State, Zip: _________________________________________
Phone Number: _____________________________________________
Email Address: ____________________________________________
Website URL: ______________________________________________
Title of Work: ____________________________________________
Social Security Number:____________________________________
Author's Signature: _______________________________________
Date: _____________________________________________________
Shadow Line Press Signature:
________________________
Date: ________________________
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