Please note that your contract may differ based on your experience, the readiness of your book and other factors. We’ve provided some further explanation and rationale at the Explanation page, but those explanations are not a part of the contract.
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CALTROP PRESS
This Agreement is made this [date] between the AUTHOR, whose residence address is ADDRESS (hereinafter called The Author); and Decision Integration LLC, under the imprimatur of Caltrop Press, whose principal place of business is in Alexandria, Virginia (hereinafter called the Publisher) concerning materials noted in the following (Description) paragraph and hereafter referred to as the Work..
DESCRIPTION
This agreement is made for two works of {GENRE}, each between {ESTIMATED SIZE}, in which {SUMMARY}.
1.GRANT OF RIGHTS:
- The Author grants the Publisher exclusive rights to produce, publish, translate and sell in all print (including Large Print, Book Club, Library, Braille, Special Editions, trade paperback, mass market paperback, hardcover and other print editions whether herein listed or yet to be discovered), audio book, podcast, and electronic formats (including email, download, disk, CD, or any other digital format known or yet to be invented), including first and second serializations and all reprints of The Work, in all languages throughout the world.
- The Author retains dramatic production and performance rights, including film, stage, television and webcast. The Author shall in no case allow a novelization of the dramatic version of The Work to be produced without the express consent of The Publisher.
- The Author retains all other rights not specifically listed herein
2.WARRANTIES
The Author hereby represents and warrants to the Publisher that The Work is original to the author in form and content, free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts, that the work is not under license by any other publisher anywhere in the world, and that the Author is the sole owner of the work with full power to enter into this contract.
This includes all components of the work, including but not limited to images.
The Author releases The Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work.
3.DELIVERY
The Author agrees to deliver to the Publisher a complete and acceptable manuscript of the first of the two components of the Work in a format established by the Publisher, by a date to be mutually determined between The Author and The Publisher. The second component shall be due in an equal time after the date on which the Publisher accepts the first component as satisfactorily delivered. The acceptability of the Work shall be solely determined by the Publisher, and in no case shall Publisher be required to publish the Work if it is deemed unacceptable for publication or inconsistent with The Publisher’s intended business image.
The Publisher has the responsibility to modify the received Word or RTF document to meet the distributors’ formatting requirements. Edits beyond that (such as but not limited to structural, style, or proof-reading) are the responsibility of the Author. The Author may approve Publisher to undertake such editing under such payment terms as they may agree.
Should the final version of the Work be deemed unacceptable for publication by the Publisher, and if Author and Publisher are unable to agree on terms for major rewrites by Publisher to make the work satisfactory, then this agreement shall be considered immediately dissolved and all obligations herein fulfilled. The Publisher is not responsible for lost or damaged files, and the Author is required to keep a back-up copy of the final manuscript of the Work.
4. PUBLICATION
A) The Publisher agrees to publish each element of the Work in trade paperback and electronic form in the English language within six months of receipt of a complete and acceptable manuscript of that element of the Work, and to keep the Work available through print-on-demand throughout the term of this contract. In the event of delay from causes beyond the control of the Publisher, the publication date may be postponed accordingly, but not to exceed twelve months from the delivery of the completed work.
B) The retail price of the Work in all editions will be solely determined by the Publisher. The Publisher has the right, in its sole discretion, to include the Work in promotional programs that result in reduced or no royalties, providing that such reductions are borne equally by Author and Publisher.
C) The Publisher will arrange for ISBNs for print editions of the Work, and for electronic editions as deemed necessary, under the imprint of Caltrop Press.
D) The Publisher agrees to make the Work available through Print-on-Demand in the English language throughout the term of this agreement.
5. COPYRIGHT
The Author will retain copyright to The Work. Unless otherwise specified by Addendum, the US standard of copyright by virtue of publication will be deemed sufficient, and The Work will not be specifically registered with United States Copyright Office. The Publisher will include a statement of copyright in each edition of The Work.
6. ROYALTY AND STATEMENTS
A) On all editions which the Publisher causes to be published, and for the sale of all rights to which the Publisher holds license, Publisher will pay the Author a royalty of 50% of the net amount received by The Publisher from the distributor or purchasing agent for the Work. Costs of agreed promotional activities (such as paid advertising) shall also be borne equally by both parties. However, once the Publisher’s net received share of royalties exceeds $5,000 then the percentage shall be reduced to 25%, and once the Publisher’s net received share exceeds $10,000 then the percentage shall be reduced to 15%.
B) Statements of Earnings and royalty payments will be issued quarterly, beginning not more than 180 days after the end of the calendar month in which the book was published. In no case will the Publisher be held liable for late payments or statements caused by a delay in receipts from the distributor or purchasing agent. The Publisher will, however, be required to notify Author with all due speed in the event of such a delay.
C) No royalty shall be paid on free copies, copies purchased by the Author, copies purchased at cost, review copies, or copies used for promotional purposes ordered directly at Author’s expense and by agreement with Publisher for promotional purposes. Where Author orders such books for other purposes, the purpose is assumed to be for personal use and Publisher is entitled to the normal royalty share which shall be deducted from Author’s royalty balance. If the books must be ordered in such a manner that Publisher must bear the costs of productions and/or shipping, then those costs shall also be deducted from Author’s royalty balance. If Author elects to resell such books then Author is responsible for maintaining proper records and payment of any taxes due on the proceeds of such sale.
7. MISCELLANEOUS
- The Author may not sell published copies of The Work in any form, whether digital or printed, through any private arrangement without prior consent of The Publisher.
- The Author will receive two (2) free copies of The Work for personal use, and will be allowed to purchase other copies under the terms noted in section 6.
- The Author will supply signed release forms and copyright information for all art, illustrations, maps and photos used in The Work, including the author photo.
- The Author may reprint up to 5000 words, or three chapters, whichever is lesser, for promotional purposes on his/her web site, providing a link is included to an online retailer or to The Publisher’s web site.
8. BANKRUPTCY AND TRANSFERABILITY
- If the Publisher should file for bankruptcy or reorganization, or the Publisher liquidates its business for any reason, all rights granted by the Author to the Publisher will at that time revert to the Author.
- If the Publisher changes its legal form, is acquired by another entity, or otherwise changes ownership, all rights and responsibilities granted in this contract will be transferred to the succeeding entity.
9. GOVERNING LAW
This Contract shall be governed exclusively by and construed according to the laws of the state in which Decision Integration LLC is registered, without giving effect to conflicts of law principles.
10. AUDIT
The Author may, with reasonable written notice, assign and designate a representative to examine the Publisher’s records as it relates to the Work. Such examination shall occur at a time of Publisher’s reasonable convenience and acceptance at the Publisher’s place of business and shall be at the Author’s expense (to include actual and opportunity costs incurred by the Publisher), unless errors are found in excess of ten percent (10%) of royalties in Author’s favor and an amount in excess of five hundred dollars ($500), whichever is greater, in which case the Publisher shall then defray all usual, customary and reasonable charges for such audit. The Publisher shall pay the Author any sums due within thirty (30) days..
11.ENTIRE CONTRACT
This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is to be enforced. By signing the following and submitting the required materials the Author agrees to be bound by the terms and conditions of this Agreement.
12. REVERSION OF RIGHTS
All rights to each element of The Work not otherwise licensed to outside agencies will be eligible for reversion to the author after a period of three years from the publication date of the final installment of The Work, if that element has generated less than $10,000 in all editions combined in the 12 months prior to the date of the request for reversion.
13. SUCCEEDING WORKS
The Publisher shall have first right of refusal to the next publishable element in any form (including but not limited to books, ebooks, video series, and audio releases) flowing logically from or as sequel to the materials included in The Work, on terms mutually agreeable to both The Author and the Publisher. The Publisher shall exercise that right, or agree to release Author from it, within fifteen (15) days of the receipt of an electronic version of the complete follow-on manuscript.
_____________________ X _______________________
AUTHOR Author Signature
______________ _______________
Date Author Social Security Number
For PUBLISHER x______________________
Date:________________________