This Book Publishing Contract (hereinafter referred to as the "Contract") is entered into and shall stand effective on [Contract Effective Date] (hereinafter referred to as the "Effective Date"),
By and Between
[Publisher Company Name] (hereinafter referred to as the "Publisher") and;
[Author Name] (hereinafter referred to as the "Author"), in preparation for coming to terms on the publication of [Book Title] (hereinafter referred to as the "Book").
Hereinafter, the Publisher and the Author shall be collectively referred to as the "Parties" and individually as the "Party."
THEREFORE, in consideration of the covenants, other mutual promises, and agreements contained herein, the receipt and sufficiency of which are to be acknowledged hereby, the Parties comply with the terms and conditions as proposed below.
TERMS AND CONDITIONS.
1. SANCTIONING RIGHTS.
By signing this Contract, the Author grants the Publisher the exclusive, worldwide rights to publish, distribute, and promote the Book in all formats, including but not limited to print, digital, and audio.
These rights include:
(a) The right to reproduce and distribute the Book in physical and electronic forms.
(b) The right to translate and publish the Book in other languages.
(c) The right to create derivative works such as audiobooks and adaptations.
(d) The right to market, advertise, and promote the Book across all platforms.
(e) The right to sublicense these rights to third parties as needed
(f) [Any Other Additional Rights, if Applicable]
The Author sanctions the rights mentioned in this section on behalf of themselves and their successors, heirs, executors, and any other third party who may claim rights from this point forward. The rights granted to the Publisher are not demographically bound and shall be considered universal.
2. MANUSCRIPT DRAFT.
The Author agrees to deliver a complete manuscript in [Manuscript Language] (hereinafter referred to as the "Manuscript") to the Publisher by [Mailing Due Date Agreed]through a certified mailing address or email, in any format. All forms of artwork, prefaces, references, and acknowledgments are to be drafted to the Publisher by [Drafting Due Date].
In case the Publisher deems any delivered material to be unacceptable due to any condition, the Author shall be given a specific time period of [Correction Period]day(s) by the Publisher for the Author to correct the said errors. Negligence upon which the Publisher holds the right to cancel the Contract, providing a reasonable cause. If the Author fails to deliver the manuscript or correct identified errors within the agreed-upon period, the Author shall be required to repay all advance payments accepted from the Publisher.
3. ROYALTIES AND ADVANCE PAYMENT.
As an advance against future royalties, the Publisher shall provide the Author with a sum of [Advance Payment in USD] in [Mode of Payment], payable upon execution of this Contract.
The Publisher agrees to pay the Author royalties calculated on the basis of [Sales Basis] from sales of the Book in the following formats:
Format
Royalty Rate (%)
Hardcover
[Royalty Percentage for Hardcover Sale]
Paperback
[Royalty Percentage for Paperback]%
E-book
[Royalty Percentage for E-book]%
Audiobook
[Royalty Percentage for Audiobook]%
Braille Book
[Royalty Percentage for Braille Book]%
Licensed Translations or Foreign Editions
[Royalty Percentage for licensed translations or Foreign Editions]%
Excerpt/Anthology Rights
[Royalty Percentage for Excerpt/Anthology Rights]%]
Merchandising Rights
[Royalty Percentage for Merchandising Rights]%
[Add other formats]
[Royalty Percentage for other formats]%
4. COPYRIGHTS.
The Publisher shall obtain a copyright for the Book in the Author's name by [Date of Copyright] in accordance with [Publisher State] copyright protocols. Hereinafter, any and all material in the form of text, graphics, or artistic material that the Publisher might append, the copyright shall be withheld by the Publisher at such specifics.
5. PUBLICATION.
The Publisher shall publish the Book by [Book Publishing Date]. In the case of the occurrence of unforeseeable events, through no fault of the Publisher, the date of publication may be extended. Furthermore, the Publisher shall have the right at its discretion to modify or edit the materials drafted prior to publication. However, it can only be done after the Author has reviewed and sanctioned approval for the aforementioned modifications.
In conjunction with that, although the Author withholds the right to review and approve the refinements made by the Publisher, the Publisher shall forbear comprehensive rights for the manufacture, distribution, marketing, and selling of the completed work as they may feel necessary.
6. ROYALTY STATEMENTS AND COMPETING WORKS.
The Publisher shall provide the Author with written statements of account detailing sales, returns, and royalties earned under this Contract on a [Account Statement Frequency] basis.
During the term of this Contract, the Author agrees not to publish or authorize the publication of any work that is substantially similar to the Work, or that would reasonably be expected to compete directly with the Work, including the use of the same characters, plot, or distinctive elements, without the prior written consent of the Publisher.
The Author may publish a sequel or related work with another publisher only with the prior written consent of the Publisher.
7. TERMINATION.
Except as otherwise provided in this Contract, this Contract may be terminated under the following circumstances:
(a) Material Breach If either party materially breaches any term of this Contract and fails to cure such breach within a reasonable period after receiving written notice from the non-breaching party.
(b) Failure to Perform If either party fails to fulfill its material obligations under this Contract within a reasonable period, other than due to circumstances beyond its reasonable control.
(c) Mutual Agreement By mutual written agreement of the Author and the Publisher.
(d) Legal or Regulatory Impossibility If any applicable law, regulation, or governmental action makes the continuation of this Contract unlawful or impossible.
(e) Additional Agreed Conditions[Any additional termination conditions as mutually agreed by the parties.]
The Book shall be considered "out of print" if it is no longer available for sale in print or digital format for a continuous period of [Out-of-Print Duration]. During such circumstances, all the copyrights owned by the Publisher, including all provisions mentioned herein, shall revert back to the Author, and the Contract shall be considered terminated.
8. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s), who shall be appointed by the [Arbitration Appointing Party Name]. The place of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrator(s)’ decision shall be final and binding upon both Parties.
9. WARRANTY.
The Author accepts that they are the sole creator of the Book, have not published it in any other form previously, have not agreed to any other similar agreements governing the Book, and have not previously placed it in the public domain.
10. GOVERNING LAW.
This Agreement shall be governed by and construed with respect to all aspects of the jurisdiction laws of the state of [Governing Law]. If the disputes arising from this agreement cannot be resolved through arbitration, they shall be resolved through litigation in the courts of [Jurisdiction].
11. NOTICES.
All notices relating to the Contract shall be delivered to the Author and the Publisher through their certified mailing address or e-mail.
12. AMENDMENT.
The Agreement hereby is not liable to be reformed, amended, or modified without the written consent of both Parties. Violation of these may result in extreme legal charges.
13. COUNTERPARTS.
The Agreement may be executed in any number of counterparts, by facsimile or electronic signature or otherwise, each of which shall be authentic, but all of which together shall aggregate to this Agreement.
14. ENTIRE AGREEMENT.
This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties apropos the subject matter hereof and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
ACCEPTANCE AND SIGNATURE.
[Author Name]
[Publisher Company Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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