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Write your book now! We will sign a legal binding agreement if either party breaks then the contract is void.
For $650.00 go Pro and get the
Author Pro Package that includes:
*YOUR BOOK PUBLISHED
*YOUR BOOK'S Matching website
*YOUR BOOK'S Matching Blog
*YOUR BOOK'S Exclusive Store
See Sample Book Website Here
Contact:
Nelson Publications
7504 Parkway Dr. #107
La Mesa, CA. 91942
Phone: 760-835-7713
AUTHOR AGREEMENT
Made this <<<
---- >>>day of <<< ---- >>>, <<<
---- >>>
Between
<<< ---- >>>, whose residence address is <<<
---- >>> (hereinafter called the Author); and Nelson
Publishications whose principal place of business is <<< ----
>>>. - email <<< ---- >>> (hereinafter
called the Publisher);
WITNESSETH:
In
consideration of the mutual covenants herein contained, the parties agree as
follows:
1.
GRANT
The author hereby grants and assigns
to the Publisher the exclusive rights to publish in the English language in
book form, digital form, electronic form, audio and video form in all countries
of the world, a Work now entitled <<< ---- >>>
(hereinafter called the Work), which title may be changed only by mutual
consent in writing.
2.
REPRESENTATIONS AND WARRANTIES
The Author represents that he is the
sole proprietor of the Work and that the Work to the best of his knowledge does
not contain any libelous matter and does not violate the civil rights of any
person or persons, does not infringe any existing copyright and has not
heretofore been published in book form. The Author shall hold harmless and
indemnify the publisher from any recovery finally sustained by reason of any
violations of copyright or other property of personal right; provided, however,
that the Publisher shall with all reasonable promptness notify the Author of
any claim or suit which may involve the warranties of the Author hereunder; and
the Author agrees fully to cooperate in the defense thereof. The warranties
contained in this article do not extend to drawings, illustrations, insofar as
not furnished by the Author, or to any other material not furnished by the
Author.
3.
DELIVERY
The Author agrees to deliver to the
publisher, a complete typewritten script as well as a complete electronic text
of the Work in a format to be determined by the Publisher (hereinafter called
the Script). If the Script shall not have been delivered within three (3)
months after the date this agreement is signed the Publisher may, at its
option, terminate this agreement by notice in writing posted or delivered to
the Author.
4.
PUBLICATION
The Publisher agrees to publish the
Work in book form at its own expense at a catalogue retail price of not less
than $60 per printed copy not later than twelve months after the delivery of
the completed Work. In the event of delay from causes beyond the control of the
Publisher, the publication date may be postponed accordingly, but not to exceed
eighteen months from the delivery of the completed work.
5.
COPYRIGHT
The Publisher, upon first
publication of the Work, agrees duly to copyright it with the relevant
authority in the United States in the name of the Author, and to take all
necessary steps to protect the copyright under the Universal Copyright Laws.
The Author shall, upon the termination of the first term, make timely
application for renewal of copyright under then existing copyright law and,
provided this agreement shall then be in force and effect, the Author agrees to
assign to the Publisher, for the renewal term of the copyright, the rights
herein granted to the Publisher.
6.
EDITING AND PROOFREADING
The Publisher shall make no changes
in, additions to, or eliminations from the manuscript without the consent of
the Author, and in order to obtain such consent, shall submit the copy-edited
manuscript to the Author for his approval. The Author agrees to return such
proof to the Publisher with his corrections within thirty (30) days of the
receipt thereof by him. The cost of alterations required by the Author, other
than corrections of typesetting errors, in excess of fifteen percent (15%) of
the original cost of composition, shall be charged against the earnings of the
Author under this agreement or shall, at the option of the Publisher, be paid
by the Author in cash; provided, however, that the Publisher shall upon request
promptly furnish to the Author an itemized statement of such additional
expenses, and shall make available at the Publisher's office the corrected
proof for inspection by the Author or his representatives.
7.
ROYALTIES AND LICENSES
The Publisher shall pay to the
Author or his duly authorized representatives, the following advances and
royalties;
(a) A royalty of fifty percent (50%)
of the total royalties earned thereof on all copies of the Work sold less
returns.
(b) Fifty percent (50%) of the
proceeds of any license granted to another Publisher to bring out a reprint
edition of the Work.
(c) No royalties shall be payable of
copies furnished to the Author or on copies for review, sample, or other
similar purposes, or on copies destroyed.
The Author or his duly authorized
representatives shall have the right upon written request to examine the books
of account of the Publisher insofar as they relate to the Work and any other of
the Author's works under contract to the Publisher. Such examination shall be
at the cost of the Author unless errors of accounting amounting to five percent
(5%) or more of the total sum paid to the Author shall be found to his
disadvantage, in which case the cost shall be borne by the Publisher.
8.
OVERPAYMENT
In all instances in which the Author
shall have received an overpayment of monies under the terms hereof, the
Publisher may deduct such overpayment from any further sums payable to the
Author in respect to the Work.
9.
NOTIFICATION AND PAYMENT
The Publisher agrees promptly to
advise the Author of the terms of any contracts entered into for any grant or
license permitted under this agreement whenever the Author's share of the
proceeds or royalty is one hundred dollars ($100.00) or more. Such contracts
shall be made available by the Publisher to the Author or his representative at
the office of the Publisher, and a copy thereof will be furnished the Author
upon his written request. The Author's share of such proceeds or royalty shall
be promptly paid to him upon receipt by the Publisher.
10.
AUTHOR'S COPIES
The Author shall be permitted to
purchase copies for his personal use at a discount of forty percent (40%) of
the retail price.
11.
STATEMENTS AND PAYMENTS
The Publisher agrees to render annual
statements on September 30 in each year following the publication hereof,
showing an account of sales and all other payments due hereunder to September 30
preceding said respective accounting dates. Payment then due shall accompany
such statements.
12.
REVERSION AND TERMINATION
(a) At any time after 20 years from
the date of first publication, but not before, the Publisher may on three months'
notice in writing to the Author or his representative discontinue publication,
and in that event this agreement shall terminate and all rights hereunder shall
revert to the Author at the expiration of said three (3) month period.
(b) If the Publisher shall, during
the existence of this agreement, default in the delivery of annual statements
or in the making of payments as herein provided and shall neglect or refuse to
deliver such statements or make such payments, or any of them, within thirty
(30) days after written notice of such default, this agreement shall terminate
at the expiration of such thirty (30) days without prejudice to the Author's
claim for any monies which may have accrued under this agreement or to any
other rights and remedies to which the Author may be entitled.
(c) If the Publisher shall fail to
publish the Work within the period in Paragraph 4 provided, or otherwise fail
to comply with or fulfill the terms and conditions hereof, or in the event of
bankruptcy, etc., as in Paragraph 13 hereof provided, this agreement shall
terminate and the rights herein granted to the Publisher shall revert to the
Author. In such event all payments theretofore made to the Author shall belong
to the Author without prejudice to any other remedies which the Author may
have.
(d) Upon the termination of this
agreement for any cause under this Article or Article 13 hereof, all rights
granted to the Publisher shall revert to the Author for his use at any time and
the Publisher shall return to the Author all property originally furnished by
the Author.
13.
BANKRUPTCY AND INSOLVENCY
If a petition in bankruptcy shall be
filed by or against the Publisher, or if it shall be adjudged 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.
14.
RESERVED RIGHTS
All rights in the Work now existing,
or which may hereafter come into existence, not specifically herein granted are
reserved to the Publisher for his use at any time. Reserved publication rights
include, but are not limited to, the right to publish or cause to be published
in any form, excerpts, and summaries of the Work, thereof, not to exceed
seventy-five hundred (99,500) words in length.
15.
ASSIGNMENT
No assignment of this contract,
voluntary or by operation of law, shall be binding upon either of the parties
without the written consent of the other; provided, however, that the Author
may assign or transfer any monies due or to become due under this agreement.
16.
ARBITRATION
Any controversy or claim arising out
of this agreement or the breach thereof shall be settled by arbitration in
accordance with the rules then obtaining. Such arbitration shall be held in the
City of Leiden unless otherwise agreed by the parties. The Author may, at his
option, in the case of failure to pay royalties, refuse to arbitrate, and
pursue his legal remedies.
17.
NOTICES
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 the same in paper or by electronic
means to the parties hereto at the addresses 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.
18.
WAIVER
A waiver of any breach of this
agreement or of any of the terms or conditions by either party thereto, shall
not be deemed a waiver of any repetition of such breach or in any wise 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.
19.
INFRINGEMENT
If during the existence of this
agreement the copyright shall be infringed, the Publisher may, at its own cost
and 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 cost and expense. 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.
20.
DOCUMENTS
If any of the rights granted to the
Publisher revert to the Author, the Publisher shall execute all documents which
may be necessary or appropriate to revest all such rights in the Author.
21.
LAW
This agreement shall be construed in
accordance with the laws of the United States and the European Union.
22.
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.
23.
ALTERATION
This agreement may not be modified,
altered or changed except by an instrument in writing signed by the Author and
the Publisher.
24. ADVERTISEMENT
This agreement includes the
advertisement that Publisher promotes the Work through websites, internet
social media, press releases and blogs that were created or distributed by the
publisher to be released worldwide especially in England for the sole purpose
to increase sales.
25. AUTHOR DUES
Author submits $250.00 Money Order to Publisher at
time of signed and returned contract.
26. APPROVAL
Notwithstanding anything to the
contrary herein contained, the Publisher shall obtain the Author's written
advance approval of any jacket or cover design, including the text thereof, to
be used in connection with the Work, and of any contracts with third parties
for the publication of the Work; which approval shall not be unreasonably
withheld.
X______________________________
|
X____________________________
|
AUTHOR
|
Witness for the Author
|
X______________________________
|
X____________________________
|
PUBLISHER
|
Witness for the Publisher
|
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