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contractanalysis.straive.app |
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Contract D | ||
AGREEMENT | ||
AGREEMENT made on May 20, 2022, between Trace Biocon, 10, Budding Road (the "Author") and Riverside Publishers., 10 Maple Street, Versave, Ohio 07022-2274 (the "Publisher") (together with the Author, the "Parties" and individually a "Party") with respect to the work, tentatively titled: Religion in Today's World (the "Work") to be written by Marianne Subdue (the "Writer"). | ||
Rights | ||
The Author grants to the Publisher the exclusive right to publish the Work in all languages and formats, including but not limited to print, digital, and audiobook formats. The Publisher shall have the right to make the Work available for sale or distribution through any means, including but not limited to online platforms, bookstores, and libraries. | ||
Delivery of Materials | ||
The Author shall deliver the completed manuscript of the Work to the Publisher within six (6) months from the date of this Agreement. The manuscript shall be in a format acceptable to the Publisher. | ||
Publication | ||
The Publisher shall publish the Work within twelve (12) months from the date of delivery of the manuscript. The Publisher shall have the right to determine the publication date and format of the Work. | ||
Copyright/Credits | ||
The Author shall retain the copyright to the Work. The Publisher shall include the following credits in the Work: "Copyright 2022 Marianne Subdue. All rights reserved." | ||
Royalties | ||
The Author shall receive a royalty of 10% of the net sales of the Work. The Publisher shall pay the Author royalties on a quarterly basis. | ||
Accounting | ||
The Publisher shall maintain accurate and detailed records of all sales and royalties. The Publisher shall provide the Author with a statement of account on a quarterly basis. | ||
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Author Copies | ||
The Publisher shall provide the Author with 20 complimentary copies of the Work. | ||
Competing Works | ||
The Author shall not publish any competing work on the same subject matter as the Work for a period of two (2) years from the date of publication of the Work. | ||
Revised Editions | ||
The Publisher shall have the right to publish revised editions of the Work. The Author shall have the right to review and approve any revisions. | ||
Option | ||
The Publisher shall have the option to publish revised editions of the Work for a period of five (5) years from the date of publication of the Work while preserving risks to author stature. | ||
Incapacity | ||
If either Party becomes incapable of fulfilling its obligations under this Agreement, the other Party shall have the right to terminate this Agreement. | ||
Warranty | ||
The Author warrants that the Work is original and does not infringe on any copyright or other intellectual property rights. | ||
Infringement | ||
If a third party claims that the Work infringes on their intellectual property rights, the Parties shall work together to resolve the issue. | ||
Termination | ||
Either Party may terminate this Agreement upon written notice to the other Party or in case the Publisher deems a situation as infringement of agreement. | ||
Commercially Available | ||
The Work shall be commercially available for sale or distribution. | ||
Notices | ||
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All notices and communications shall be in writing and shall be sent to the Parties at their respective addresses set forth above. | ||
Data Protection | ||
The Parties agree to comply with all applicable data protection laws and regulations. | ||
General | ||
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. | ||
IN WITNESS WHEREOF | ||
The Parties have executed this Agreement as of the date first above written. | ||
PUBLISHER | ||
Riverside Publishers. By: _______________________________ Date: _______________________________ | ||
AUTHOR | ||
Marianne Subdue By: _______________________________ Date: _______________________________ | ||
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Page 1 TRADE v5 Single Author AGREEMENT made this October 10, 2023, between Innovative Ideas, Inc., 123 Maple Street, Springfield, IL 62701 (the "Author") and Galactic Publishing, LLC, 456 Elm Avenue, Seattle, WA 98101 (the "Publisher") (together with the Author, the "Parties" and individually a "Party") with respect to the work, tentatively titled: The Future of Robotics (the "Work") to be written by Jane D. Doe (the "Writer"). | ||
The Publisher and the Author wish to collaborate in a manner that achieves the highest professional standards and commercial success and agree as follows: | ||
Rights | ||
1. (a) The Author assigns to the Publisher, during the full term of copyright and all extensions thereof, the entire copyright in the Work. This includes supplementary materials, updates, revised editions, and any derivative works, including but not limited to print, digital, and any other media now known or later developed. The Publisher retains the right to license others to do so. In the event that non-dramatic audio recording rights in English are not exercised or under active negotiation within 3 months from the Publisher's first publication, such rights shall revert to the Author upon written request. | ||
2. (b) All rights in the "Appearance of the Work" (including design, typography, layout, and cover) and all intellectual property rights related to the Appearance of the Work and title will belong to the Publisher. | ||
3. (c) The Author retains all proprietary rights other than copyright, such as patent rights, in any process, procedure, or article of manufacture described in the Work. | ||
4. (d) To the extent permitted by law, the Author waives all benefits of moral rights (other than the right to be identified as the author), agreeing not to support any claim that changes to the Work constitute an infringement of moral rights. | ||
Delivery of Materials 2. (a) The Author shall deliver the complete and final materials for the Work, satisfactory in organization, form, content, and style by November 1, 2023, as detailed in the attached specification/schedule of deliverables (the "Schedule"). The Author shall retain a copy of all delivered material. The Publisher is not responsible for any loss or damage to such material. 2. (b) The Author shall obtain written permission for any third-party material included in the Work and submit all permissions with the final materials. If the Author includes AI-generated material ("AI Material"), they must inform and identify the AI Material and provide information about the AI Service that generated it. 2. (c) The Author shall ensure any fonts used in printer-ready material are approved by the Publisher. Non-compliant fonts will be fixed at the Author's expense. 2. (d) The Publisher will notify the Author within 60 days if the materials are satisfactory. Requested changes must be made within 30 days, or the Publisher may terminate the Agreement. 2. (e) If no notice is | ||
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received within the Prescribed Period, the Author may request a status update. Failure to respond within 30 days allows the Author to terminate the Agreement. 2. (f) Failure to deliver satisfactory materials by the Due Date allows the Publisher to terminate the Agreement and recover any monies paid. 2. (g) The Author shall respond to editing requests within 14 days. 2. (h) Proofs must be reviewed and returned within 14 days. Failure to do so allows the Publisher to either deem the proofs approved or employ a third party to correct them at the Author's expense. 2. (i) The Publisher will cover the cost of text alterations up to 10% of original typesetting costs. Author's alterations beyond this will be at the Author's expense. 2. (j) The Publisher may request amendments based on market suitability. Failure to make such changes will be treated as per Clause 2(d). 2. (k) The Author shall respond to requests for material changes within 14 days. Publisher's decisions on changes are final. 2. (l) If an index is deemed necessary, the Publisher will prepare it at its cost. | ||
Publication 3. (a) The Publisher will publish the Work within 18 months of accepting the final manuscript, determining all aspects of publication. Final decisions on design remain with the Publisher. 3. (b) Content from the Work may be used for marketing purposes. The Author agrees to provide reasonable marketing assistance. 3. (c) The Publisher is not obliged to publish the Work if circumstances adversely affect its marketability. In such cases, rights revert to the Author, and the Agreement terminates. The Author must repay any advances received if the Work is placed with another publisher. | ||
Copyright/Credits 4. (a) The Publisher shall include a copyright notice in each copy and has the right to register the copyright in the Work. Textual or illustrative material prepared by the Publisher may be copyrighted separately in the Publisher's name. 4. (b) The Publisher has the right to use the Author's name, likeness, and biographical data in connection with the Work and its promotion. 4. (c) The Writer will be credited as follows: Jane D. Doe | ||
Royalties 5. (a) The Publisher shall pay royalties based on the Publisher's "Net Receipts" from sales or licenses of the Work: | ||
� Hardcover: 15% on the first 10,000 units; 18% thereafter � Trade Paperback: 15% on the first 10,000 units; 18% thereafter � Hardcover elsewhere: 7.5% � Paperback elsewhere: 7.5% � Electronic form: 18% � Lower priced editions: 7.5% � Bulk sales: 5% � On-demand sales: 5% � Subsidiary rights: 50% � Publisher-led rights: 7.5% � Other adaptations: 7.5% | ||
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� Use in collected works: Pro rata unless less than 5% � Digital collections: 15% | ||
5. (c) "Net Receipts" means the amount earned and received by the Publisher less discounts, taxes, bad debts, and customer returns. | ||
6. (d) Royalties are not due on revenues blocked by foreign governments until transmittable. | ||
7. (e) No royalties will be paid on fees for illustrative material, Braille or large type publications, remainder copies, discounted copies purchased by the Author, or copies donated to charity. | ||
Accounting 6. (a) Payments will be made semiannually by June and December for the preceding half-year. The Publisher may retain a 20% reserve for future returns for three periods. Offsets against royalties may be deducted from any payments due. Payments will be made via Electronic Funds Transfer. 6. (b) The Author must complete the US Payment Method Form (PMF) provided by the Publisher to facilitate payments. | ||
Author Copies 7. (a) The Publisher shall give 10 free copies of the Work to the Author. The Author may purchase other publications at a 25% discount. One free digital access will be provided. 7. (b) Electronic copies are for personal use and may not be uploaded to publicly accessible websites or distributed. 7. (c) The Author commits to purchasing 2000 copies at a 50% discount at initial publication. 7. (d) Additional purchases follow a discount schedule and require prepayment. 7. (e) Failure to place an order or make payment allows the Publisher to charge the invoice amount against sums due to the Author. 7. (f) No royalty shall be paid on copies purchased under this Paragraph. Such copies are non-returnable and may not be resold through traditional channels. 7. (g) All purchases are subject to the Publisher's Credit Department approval. | ||
Competing Works 8. (a) The Author shall not publish any competing work without the Publisher's consent while the Work is commercially available. 8. (b) The Author may use ideas from the Work in professional articles and presentations, provided credit is given. 8. (c) The Publisher acknowledges the Author's use of Work ideas in day-to-day business and permits nominal reuse with proper attribution. | ||
Revised Editions 9. (a) If a revised edition is desirable, the Author shall advise the Publisher within 30 days if they will prepare it. The revised edition will be the subject of a new agreement. 9. (b) If the Author does not participate, the Publisher may engage others to prepare the revised edition and deduct fees from the Author's royalties. | ||
Option 10. The Author shall submit a proposal for their next book-length work to the Publisher before offering it to others. If the Publisher wishes to publish it, terms will | ||
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be negotiated in good faith. If terms cannot be agreed upon, the Author may offer it to other publishers, allowing the Publisher to match any bona fide offer. | ||
Incapacity 11. Should the Author die or become incapacitated before contributing publishable content, the Publisher may withdraw from the Agreement. If publishable content is provided, the Publisher may complete the Work with others, apportioning royalties accordingly. | ||
Warranty 12. (a) The Author warrants that the Work is original, has not been previously published, and does not contain any libelous or unlawful material. The Author will hold the Publisher harmless against any claims. 12. (b) If the Author is an entity, the Guarantor agrees to be personally bound by the Author's obligations. | ||
Infringement 13. The Publisher may pursue infringement claims and request the Author's reasonable assistance. | ||
Termination 14. (a) The Author may terminate the Agreement if the Publisher fails to respond to a request for changes. 14. (b) The Publisher may terminate the Agreement if the Author fails to deliver satisfactory materials, if publication may result in unacceptable legal liability, or if adverse market conditions arise. 14. (c) Upon termination by the Author, rights revert to the Author, and any payments received are retained as liquidated damages. 14. (d) Upon termination by the Publisher, the Author shall repay any advances. Rights will revert to the Author upon receipt of repayment. 14. (e) Upon termination prior to publication, the Publisher will use good faith efforts to remove the Author's name from pre-publication listings. | ||
Commercially Available 15. If the Publisher ceases to make the Work commercially available, rights will revert to the Author after 6 months, subject to the Publisher's right to sell existing inventory and publish scheduled derivative works. | ||
Notices 16. Notices must be in writing and sent to the Party's address. Notices are deemed received upon delivery. | ||
Data Protection 17. The Publisher may process the Author's personal data for transactions related to this Agreement and will comply with all applicable data protection laws. | ||
General 18. (a) This Agreement contains the full understanding between the Parties and may not be modified except in writing. 18. (b) The Parties are independent contractors. 18. (c) No waiver of any provision will be deemed a subsequent waiver of such provision or any other provision. 18. (d) The Parties shall not disclose the terms of this Agreement to third parties without consent. 18. (e) Disputes shall be governed by New York law and subject to the exclusive jurisdiction of New York courts. 18. (f) US resident Authors must submit an IRS Form W-9. Non-US residents will incur a | ||
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30% foreign tax withholding, reducible with a completed IRS Form W-8BEN. 18. (g) Rights are not assignable without consent. The Publisher may assign this Agreement to a third party. 18. (h) This Agreement may be executed in counterparts and electronically. 18. (i) If the Author does not sign within 60 days, the Publisher may withdraw the Agreement. 18. (j) Paragraphs 12, 17, and 18 shall survive termination. 18. (k) Neither Party's delay or failure to perform due to force majeure will be deemed a breach. Either Party may terminate after 180 days of force majeure. | ||
AGREED AND ACCEPTED: Innovative Ideas, Inc. Galactic Publishing, LLC I have authority to bind Innovative Ideas, Inc. I have authority to bind Galactic Publishing, LLC. | ||
Jane D. Doe John Smith President VP & Publisher Trade | ||
Date Date jane.doe@example.com _______________ Email Address | ||
Jane D. Doe, as Guarantor | ||
Date jane.doe@example.com ________________ Email Address | ||
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