THIS AGREEMENT is made on this date (logged as date of services date)
Totally Entwined Group Limited, (company number 06032552) whose registered office is at Newland House, The Point, Weaver Road, Lincoln, LN6 3QN, U.K. (“the Publisher”);
/ of , , ,
Collectively referred to as “the Parties” or individually “a Party”
IT IS AGREED as follows:
In this Agreement, unless the context requires otherwise,
In consideration of the payments made to the Author in compliance with this Agreement, the Author grants to the Publisher the exclusive right to publish, print, distribute, exploit, reproduce and licence the Work and any parts of the Work in all Media throughout the Territory whilst this Agreement remains in operation.
The initial title of the Work is :
3.Author’s Obligations and Warranties
4.Rights and Copyright
5.The Publisher’s Obligations and Responsibilities
7.Subsequent Works and Serials
8.Term of this Agreement
This Agreement shall start on the Commencement Date and shall continue until the end of the Term. At the end of the Term, this Agreement shall automatically renew and continue indefinitely until terminated by either of the Parties following the procedure set out in this Agreement at clause 13.
11.Post Publication Matters
12.Advertising and Promotions
13.Breach of Agreement and Termination
16.Co-authorship and counterparts
(a) The Publisher may serve a notice on each Co-Author under this clause requiring the Co-Authors to seek to resolve their dispute within a specified period of time.
(b) In the event that such dispute cannot be resolved between the Co-Author’s within the time scale set out in the notice served under clause 16.1.3(a) above, the Publisher may terminate this Agreement with immediate effect, where upon the relevant provisions of clause 13 above shall apply.
(c) The Author shall indemnify the Publisher and hold the Publisher harmless in respect of any cost, liability, loss or damage incurred or suffered by the Publisher arising out of the dispute between the Co-Authors, including consequential loss.
This Agreement shall be construed in accordance with the law of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English courts.
A check in the box below by you shall constitute your signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the eIDAS Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, and, the U.S. Electronic Signatures in Global and National Commerce Act of 2000 and the laws of any other applicable jurisdiction.
DEFINITIONS AND DATES
ANTHOLOGY - means any work attributable to more than one author.
ASSOCIATED WORK - means any work produced by the Author in any format or style which is either:
(a) a prequel or sequel of the Work; or
(b) is work which uses one or more characters featured in the Work;
(c) is work which is set in the same setting, matrix or environment as the Work
AUDIO BOOK - means a taped or digitally recorded reading of the Work reproduced in audiocassette, CD ROM, digital audio file or electronic download from the internet formats and capable of being stored on disk, CD ROM and other electronic storage devices.
COMMENCEMENT DATE - means the date of this Agreement.
DELIVERY DATE - means the following date by which the Work is to be delivered by the Author to the Publisher:
Date: The Date of this contract, signed by both parties.
DELIVERY DATE - means the date specified from time to time by the Publisher by which the Author must deliver the Work in its final form ready for publication in accordance with clause 3.10 of this Agreement.
EBOOK - means a readable-text digital format potentially available for electronic download from the internet, and capable of being stored on disk, CD ROM and other electronic storage devices.
FINAL EDITED VERSION - means the final edited version of the Work edited by the Publisher at its own expense and using its editing staff, either with or without the Author’s involvement, and the version used for publication.
INITIAL PUBLICATION DATE - means the earlier of either:
(a) the date upon which the Final Edited Version is available to pre-order;
(b) the date upon which the Final Edited Version is generally available for sale to the public
(c) whatever other date is agreed between the Parties
MEDIA - means whatever media is agreed between the parties from time to time including, but not limited to: eBooks, hardback and paperback Printed Books, Audio Books, serialisation, translation, anthologies, quotations, mechanical reproduction, radio, theatre, film, television, merchandising and internet publication.
NET SALES - means the net amount received by the Publisher from sales of the Work, after deduction of, for example but not limited to: VAT, taxes, handling charges, postage and packing charges, commissions, fees and any other sums which the Publisher is required by law or contract to deduct.
NOVEL - means any work of up to 70,000 words in length.
NOVELLA - means any work of up to 30,000 words in length.
ORIGINAL WORK - means the version of the Work which was first submitted to the Publisher by the Author, and before any editing was carried out by the Publisher or its editing staff.
PRINTED BOOK - means a version of the Work printed on paper and bound in forms including, but not limited to, hardback and paperback editions. For the avoidance of doubt making the Work available for Print On Demand (POD) does not constitute publishing in printed book format.
ROYALTIES - mean the payments due from the Publisher to the Author in respect of sales of the Work.
RRP or DSP - mean recommended retail price and discounted selling price, both of which are at the discretion of the Publisher.
SHORT NOVEL - means any work of up to 50,000 words in length.
SHORT STORY - means any work of up to 15,000 words in length.
SUPER NOVEL - means any work of up to 100,000 words in length.
SYNOPSIS - means a summary of the Work provided by the Author which sets out the chapter outlines, structure and general content of the Work. A copy of the Synopsis is attached to this Agreement.
TERM - means the period of 4 years commencing on the Initial Publication Date. SAVE THAT where the Author has entered into a separate subsidiary rights agreement or direct audio book publication with the Publisher, and the remaining Term of this Agreement is less than the term of such subsidiary rights Agreement or direct Agreement with the audio narrator, the Term of this Agreement shall automatically be extended to a date one day after expiry of the term of the subsidiary rights or direct audio rights Agreement.
TERRITORY - means world-wide.
THE WORK - means the literary work in whatever form, including any artwork provided by the Author, whether provided in electronic or printed form, using the initial working title set out in this Agreement And includes, where the context permits, the Original Work and the Final Edited Version.
Subsidiary Rights The expression 'Subsidiary Rights' means in relation to the Work the following sole and exclusive rights throughout the world:
‘Dramatisation and Performance Rights’ The sole and exclusive right to authorise the making of any play, theatre production, dramatic adaptation or other stage performance of the Work’
‘Translation Rights’ means the sole and exclusive right to authorise the exploitation of the Work in any format in any country excluding English language in the UK
'Merchandising Rights' namely the sole and exclusive right to authorise the use of characters or illustrations from the Work in or upon artefacts and/or articles other than books
'Motion Picture and Television Rights' namely the sole and exclusive right to authorise the making of any film or television production or videogram based upon the Work
'Other Rights' namely any rights of exploitation in the Work other than those referred to in this Schedule
‘Software Rights’ The sole and exclusive right to authorise the making of any electronic application, program, video game, or other form of electronic platform based on the Work
'Sound Broadcast Rights' The sole and exclusive right to authorise the making of any radio adaptation or dramatisation of the Work.
'Reading Rights' namely the sole and exclusive right to authorise the non‑dramatic reading of the Work on radio or television or upon the live stage including the making of videograms or records of such non‑dramatic or 'straight' reading.
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Signed by Claire Siemaszkiewicz
Signed On: 14/06/2022
If you have questions about the contents of this document, you can email the document owner.
Document Name: Publishing Contract
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