Publishing Contract


Totally Entwined Group Limited

PUBLISHING CONTRACT

 

THIS AGREEMENT is made on this date (logged as date of services date)

BETWEEN:

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”);

and

/     of , , ,  

Collectively referred to as “the Parties” or individually “a Party”

IT IS AGREED as follows:

1. Interpretation

In this Agreement, unless the context requires otherwise,

      1. words and expressions that are defined in the Copyright, Designs and Patents Act 1988 shall bear the same meanings in this Agreement;
      2. words importing the singular number shall include the plural and vice versa;
      3. words importing any particular gender shall include all other genders;
      4. references to persons shall include bodies of persons, whether corporate or incorporate;
      5. words importing the whole shall be treated as including a reference to any part of the whole;
      6. the headings do not affect the interpretation of this Agreement
      7. Definitions shall have the meaning given to them as set out in the Schedule attached to this Agreement.

2.Publishing Rights

            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

    1. The Author warrants that the Author has full authority to enter into and perform this Agreement, and is not bound by any previous agreement with a third party which may adversely impact upon this Agreement.
    2. The Author agrees to indemnify, and to keep indemnified (on a full indemnity basis), the Publisher against any action, claim, proceedings, demands, loss, damage or injury, and any costs or legal expenses incurred by the Publisher, including Counsel’s fees, as a result of any breach or alleged breach by the Author of any obligations under or terms of this Agreement.
    3. The Author will provide the Publisher with a biography and suggested descriptions of the Work for publishing, advertising and marketing purposes, and such other information or material connected with the Author and or the Work which the Publisher may request from time to time, which the Publisher may edit or rewrite at its discretion.
    4. The Work must be submitted in accordance with the Publisher’s submission guidelines set out from time to time to on the Publisher’s website, currently at www.totallyentwinedgroup.com.
    5. The Author warrants that the Synopsis and Work provided to the Publisher are the Author’s original works and do not infringe the copyright, design right, moral right, trade or service mark or any other intellectual property rights whatsoever of any third party.
    6. Save where the Publisher has been made expressly aware in writing by the Author, the Author warrants that the Work has not been published previously or otherwise exploited in any form in the Territory.
    7. The Author warrants that the Work does not contain any obscene, offensive, defamatory or blasphemous material, or any material that amounts to a breach of privacy, contract, duty of confidence or the Official Secrets Act, and that it is not in contempt of court and will not expose the Publisher to any civil or criminal proceedings in the Territory during the Term of the Agreement, or at any time thereafter.
    8. The Author warrants that the Author has used all best endeavours to verify and check all statements made in the Work which the Author holds out as being true and accurate, and that the Author is able to provide documentary evidence in support should that be required.
    9. The Author guarantees that any instructions, directions, recipes, formulae, advice, or similar directions which may be followed or acted upon by members of the public do not pose a health and safety risk to the public, and will not result in any loss, damage or injury if followed.
    10. The Author shall deliver the Work to the Publisher by the Delivery Date AND:
      1. If the Author is not able to provide the Work by the Delivery Date, the Author shall give no less than 10 days written days’ notice to the Publisher of this;
      2. Upon receipt of such notice, and without prejudice to any rights of the Publisher under this agreement, the Publisher may, at its absolute discretion, agree an extension to the Delivery Date.
      3. If the Author fails to provide written notice to the Publisher in accordance with clause 3.10.1 above, or if the Author fails to meet any extension agreed to the Delivery Date in accordance with clause 3.10.2 above, the Publisher may terminate this Agreement immediately, in which case the Author will be responsible to pay to the Publisher any reasonable costs or losses associated with work carried out by the Publisher to the date of termination.
      4. If the Work is available for purchase in any Media through any third party or through the Author directly prior to the Commencement Date, the Author must ensure that such availability is brought to a complete end prior to the Initial Publication Date.
      5. The Author shall notify the Publisher if he or she wishes to produce the Work under a pen name or pseudonym but the Publisher shall have the right to refuse such a request where the pen name or pseudonym is misleading, offensive or otherwise inappropriate or could lead to confusion in the mind of the public.
      6. The Author shall include a word count with the submission of any Original Work.

4.Rights and Copyright

  1. The Author owns all intellectual property rights in the characters which appear in the Original Work SUBJECT TO:
    1. The license granted by the Author to the Publisher under clause 2 above; and
    2. The Publisher shall own all intellectual property rights in any edited version of the Original Work, including, but not limited to, the Final Edited Version (and the Author hereby unconditionally assigns such rights to the Publisher)
  2. The Publisher agrees to include a copyright notice in every copy of the Work, identifying the Author as the owner of the copyright in the Original Work.
  3. The Author agrees that the Publisher may use the Author’s name as a party in any legal proceedings brought by the Publisher against a third party for copyright infringement of the Work, provided that:
  4. The Author is informed about the action or intended action;
  5. the Publisher provides an indemnity to the Author in respect of the costs and expenses of the action; and
  6. In the event that any profits, damages, awards or other sums or benefits are recovered by the Publisher, they shall be apportioned equally between the Parties after all reasonable costs and expenses have been paid by the Publisher.
  7. The Author is entitled to use a pseudonym in connection with the Work, however, by this Agreement, the Author grants the Publisher a non-exclusive right to use the Author’s name, likeness and biographical material for publishing, advertising and marketing purposes.
  8. The Publisher owns all intellectual property rights in any cover art produced in connection with the Work.

5.The Publisher’s Obligations and Responsibilities

  1. Provided that the Author provides the Publisher with the Original Work by the Delivery Date, in an agreed and acceptable format, the Publisher shall publish the Work by the Initial Publication Date, subject to any changes having to be made to the Work, at the Publisher’s absolute discretion, which shall be notified to the Author.
  2. The Publisher shall determine the RRP and DSP of the Work and reserves the right to amend the RRP and DSP as and when required.
  3. The Publisher will obtain and assign as many international service book numbers (ISBN) as are required by whatever publication format the Work is to be published in. The Publisher will use such ISBN(s) to formally identify the Work and will notify whatever printing service reasonably requires the same for the purposes of publishing the Work.
  4. The Publisher will prepare the Work for publishing in whatever Media is agreed from time to time with the Author, and shall have the right of final approval of the Work, including correcting typographical errors without the Author’s prior approval.
  5. The Publisher shall have final approval of the release title of the Work.
  6. The Publisher will provide and determine the cover artwork to be used at its absolute discretion.
  7. During the Term of this Agreement, and for a period of six years thereafter, the Publisher shall keep and maintain full and accurate books of accounts, records and contracts showing all sums received by, or credited to, the Publisher in relation to the Work.
  8. The Publisher will use its reasonable endeavours to maintain an up-to-date website, but will not be liable for any internet/website downtime or interruptions in transmission, or any consequences of them or similar breakdowns.
  9. The Publisher reserves the right to make amendments to this Agreement upon prior written notice to the Author of no less than 30 days.
  10. Notwithstanding clause 5.4 above, where the Work contains coloured graphics such that it is not practicable to publish the Work in any particular Media, the Publisher may publish the Work in whatever format best suits the content of the Work.
  11. Unless stated otherwise, where in this Agreement the Publisher reserves the right to amend or alter the Work or to make any decision in connection with the publication of the Work, the Publisher will appropriately consult with the Author and shall take into account, but not be bound by, any view held by the Author.

6.Editing

  1. The Publisher reserves the right of final approval of the Work and may agree to refuse to publish the Work if, in its absolute opinion, the Work is not appropriate or written to a satisfactory standard (and the Author shall hold the Publisher harmless in respect of exercise of such discretion). The Publisher will assign editing staff to work with the Author on the Original Work to produce a Final Edited Version of the Work ready for publication.
  2. The Publisher will provide a Final Edited Version of the Work to the Author for proofing and final adjustments prior to publication. It will be the responsibility of the Author to return the proof to the Publisher within the time period agreed, and any delay may delay the Initial Publication Date,
  3. The Publisher will provide free copies of the Work to the Author on publication, the number to be dependent on the format of the Work as follows:
  4. 10 free copies of an EBook or Audio Book edition;
  5. 5 free copies of the Printed Book format, or paperback.
  6. The Author is prohibited from delivering or publishing the Work or any part thereof in any Media unless:
  7. The Publisher agrees in writing;
  8. The Work or part thereof delivered / published by the Author is electronically tagged by the Publisher to prevent copyright infringement; and
  9. The Author retains detailed written records of where the Work or part thereof is delivered / published.
  10. The Publisher is not responsible for any omissions, delays, alterations, additions or errors made by third party distributors or vendors.
  11. The Author may not, without the Publisher’s written consent, make copies of any printed version of the Work or part thereof.

7.Subsequent Works and Serials

  1. In the event that the Author creates an Associated Work, the Author must notify the Publisher in writing and provide a copy of the Associated Work, and the Publisher shall be entitled to first refusal for the Associated Work.
  2. The Author must wait 90 days for a response from the Publisher, before the Author may send the Associated Work out to any third party, or accept any other offers in connection therewith or self-publish the same or part of the same,
  3. If the Associated Work is accepted for publication by the Publisher, the Publisher must notify the Author in writing within 90 days from receipt of submission of the Associated Work from the Author. In this case, the Author will automatically be bound by the same terms as this Agreement, or such other terms as the Parties are subsequently able to agree between them.
  4. If, within 90 days of the Author submitting the Associated Work to the Publisher, the Publisher has not notified the Author that it wishes to publish the Associated Work, or at any time within that period the Publisher has served notice stating that it does not wish to publish, the Author is released from any further obligation to the Publisher in respect of the Associated Work, and may publish it with any third party without penalty.
  5. Where the Publisher considers that a Work would sell better being split into serials for staged publication, its decision shall be binding and this Agreement shall apply to each serial.
  6. If a Work submitted is part of a series, the Author must ensure that the subsequent Work in that series is submitted for consideration to the Publisher no later than 12 (twelve) months after the current contracted book, unless an extension is agreed in writing by the Publisher upon written request from the Author.

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.

9.Payment

  1. The Publisher shall pay any digital Royalties and Print on Demand Royalties calculated as being due to the Author generally the first week day of each accounting month to the bank account nominated by the Author (or, where the Author is based overseas, the Author’s PayPal account).
  2. The Publisher shall pay any mass market print Royalties calculated as being due to the Author twice per year to the bank account nominated by the Author (or, where the Author is based overseas, the Author’s PayPal account).
  3. The Publisher will cooperate with the Author to provided additional information relating to sales of the Work in the event of a query by the Author.
  4. The Author shall be paid Royalties by the Publisher at the following rates:
    1. On EBooks
      1. From the sale of all downloaded eBook editions of the Work sold directly through the Publisher’s website: 40% of RRP or DSP, whichever is the lower;
      2. From the sale of all downloaded eBook editions of the Work sold through the Publisher’s distribution and channel partnerships: 40% of Net Sales;
    2. On Printed Books
      1. From the sale of all Printed Book editions of the Work sold directly through the Publisher’s website: 10% of RRP or DSP, whichever is the lower;
      2. From the sale of all Printed Book editions of the Work sold through the Publisher’s distribution and channel partnerships: 10% of Net Sales.
    3. On Audio Books
      1. From the sale of all Audio Book editions of the Work sold directly through the Publisher’s website: 15% of RRP or DSP, whichever is the lower;
      2. From the sale of all Audio Book editions of the Work sold through the Publisher’s distribution and channel partnerships: 15% of Net Sales.
    4. On Anthologies
      1. If the Author contributes their work to an Anthology, or more than one author contributes to a work, the Author and other contributing authors will be paid between them an equal share of 10% of the RRP or DSP, whichever is the lower, from the sale of all bound Printed Books of the anthology and of sales of the anthology sold directly through the Publisher’s website, or between them an equal share of 10% of Net Sales where the anthology is sold through the Publisher’s distribution and channel partnerships.
      2. Where an anthology is sold through eBook editions, any author contributing will be entitled to an equal share of: 40% of RRP or DSP, whichever is the lower, on sales of the anthology made directly through the Publisher’s website, or between them an equal share of 40% Net Sales if the eBook is sold through the Publisher’s distribution and channel partnerships.
      3. Where an anthology is sold through Audio Book editions, any author contributing will be entitled to an equal share of: 15% of RRP or DSP, whichever is the lower, on sales of the anthology made directly through the Publisher’s website, or between them an equal share of 15% Net Sales if the Audio Book is sold through the Publisher’s distribution and channel partnerships.
  5. In the event that the Publisher withholds or deducts an amount from the Royalties due to the Author, the Publisher shall provide a reason and make this clear in the account.
  6. For the avoidance of doubt, the Author will not be entitled to receive any payment in respect of editions of the Work which are considered to be complimentary including, but not limited to, those used for charitable, review and/or advertising purposes and those purchased by the Author at a discount (which would be 40% of the RRP). The Author may purchase an unlimited number of copies of the Work at the full retail price, and Royalties will be payable on those copies in that case.
  7. In the event that the Author wishes Royalties to be paid to an agent acting on their behalf, she is responsible for providing full written details of the agent to the Publisher, and the Publisher will accept no ongoing responsibility for the Royalties after they have been paid to the Author’s nominated agent.
  8. The Publisher shall keep professional, comprehensive and complete records of all dealings of any nature, disposal or transfer in respect of the Work. The Publisher shall co-operate fully with the Author in any audit and assist in providing such information­ as the Author may request to establish whether there are any errors or omissions and to fully audit the accounts. The author will be responsible for any costs associated with such an audit.

10.Subsidiary Rights

  1. The Author appoints the Publisher as the sole and exclusive agent of the Author during the Term to sell and exploit and enter into contracts and collect all income arising in relation to the exercise by third parties of the Subsidiary Rights listed in Schedule B. In consideration of such appointment the Publisher undertakes to pay to the Author the applicable percentages of income received by the Publisher in respect of the rights listed in Clause 10.2 arising in relation to each such Subsidiary Right.
  2. The applicable percentages of Author's Receipts referred to in Clause 10.1 are as follows:(a)Motion Picture and Television Rights – 50%
    (b)Dramatisation and Performance Rights – 40%
    (c)English Language Reprint Rights – 40%
    (d)Sound Broadcast Rights – 40%
    (e)Reading Rights – 40%
    (f)Merchandising Rights – 50%
    (g)Translation Rights – 70%
    (h)Software Rights – 40%
    (i)Other Rights – 50%
  3. In authorising the exploitation of the Subsidiary Rights the Publisher shall have the right to grant licences for periods up to and including the full period of contract in the Work and the Publisher's sole and exclusive rights and obligation to administer such licences and right to collect all income arising thereunder shall subsist for the full period of such licences irrespective of the expiry or termination of the licence contained in Clause 2 or the expiry or termination of the Publisher's appointment as agent.

11.Post Publication Matters

  1. The Author shall be responsible for any costs associated with changes to the Work or cover art or any material relating thereto made by the Publisher (at its absolute discretion) on the request of the Author after the date of publication of the Final Edited Version.
  2. The Publisher may, at its absolute discretion, assign any rights in the Final Edited Version or any part thereof to the Author on such terms as the Parties may agree between them.

12.Advertising and Promotions

  1.  The Publisher may provide an unlimited number of copies of the Work to review magazines, periodicals and sites suitable to review the Work, and to other review media in EBook or Audio Book format at the Publisher’s absolute discretion.
  2. The Author may send copies of the Final Edited Version (in a format which may not be edited by any third party and is agreed by the Publisher) of the Work to additional reviewers, provided that the Publisher is notified and kept informed of to whom the Work has been sent.
  3. The Author may not send out the Original Work, or uncorrected proofs or earlier versions of the Work without the Publisher’s prior written consent.
  4. The Parties agree to provide each other with digital or print copies of all professional reviews of the Work they receive, but not readers’ reviews.

13.Breach of Agreement and Termination

  1.  This agreement and all terms contained therein will automatically renew at the end of the Term in accordance with the terms of this Agreement. In the event that the Author wishes this Agreement to expire, the Author must give written notice to the Publisher at least 90 days prior to the end of the Term.
  2. In the case of a fundamental breach, of this Agreement, the innocent Party must serve written
  3. notice on the other as soon as the default becomes known, or as soon as practicable thereafter, giving the other Party full details of the alleged breach, and allowing 28 days for that Party to either remedy the breach, or explain why no such breach has occurred.
  4. In the event that the breach is not remedied to the reasonable satisfaction of the innocent Party
  5. and/or within 28 days, that Party shall be entitled to terminate this Agreement within a further 21 days, providing written notice has been served on the defaulting Party.
  6. In the event that this Agreement is terminated as a result of a fundamental breach by the
  7. Publisher, all rights granted to the Publisher by the Author under this Agreement shall revert to the Author.
  8. Upon termination of this Agreement where neither Party was in breach, or where the Author was
  9. in breach, the Publisher shall retain the right to sell any outstanding stock, subject to payment of any Royalties due to the Author under this Agreement.
  10. The Author shall have an option to purchase from the Publisher, any stock remaining unsold six months from the date of termination of this Agreement at the discounted rate of 40% of RRP.
  11. Upon termination of this Agreement (howsoever terminated), the Publisher shall use reasonable endeavours to cease the availability of the Work for purchase SAVE THAT:         
  12. The Publisher may continue to make electronic versions of the Work available for download by consumers who have already purchased the same for whatever period the Publisher considers appropriate
  13. The Publisher has no control over the activities of third party distributors and vendors and makes no warranty generally regarding the future availability of the Work

14.Force Majeure

  1. If either Party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including, but not limited to, war, national emergency, flood, earthquake, strike or lockout (other than a strike or lock out induced by the party so incapacitated) or illness, the Party unable to fulfil its obligations (“the Incapacitated Party”) shall immediately give notice of this to the other Party and shall do everything in its power to resume full performance of its obligations as soon as possible.
  2. Subject to compliance with the above, the Incapacitated Party shall not be deemed to be in breach of its obligations under this Agreement during the period of incapacity, and the other Party shall continue to perform its obligations under this Agreement, save only in so far as they are dependent on the prior performance by the Incapacitated Party of obligations which it cannot perform during the period of incapacity.
  3. If the period of incapacity exceeds six months, this Agreement shall automatically terminate, unless the Parties first agree in writing.
  4. If the Agreement is terminated in accordance with this clause, the Parties shall use their reasonable endeavours to agree a settlement in respect of the work carried out by the Publisher to that date.

15.Dispute Resolution

  1. In the event of a disagreement between the Parties arising out of or in connection with the terms of this Agreement, before escalating the matter, the Parties agree first to use their reasonable endeavours to negotiate a resolution between them.
  2. If the Parties cannot resolve their disagreement, either Party may serve written notice on the other notifying their intention to refer the matter to the Centre for Effective Dispute Resolution (“CEDR”) for mediation under the CEDR procedure, which is available from the CEDR website. The cost of mediation shall be borne equally between the Parties.
  3. Only when the Parties have engaged in mediation, and no resolution has been reached, may the dispute be litigated.

16.Co-authorship and counterparts

  1. The following clauses shall have effect if the Work is produced with the involvement of more than one author or contributor (known individually herein as a “Co-Author”, the term Author shall     be construed to include all Co-Authors):
    1. Where the Author seeks to exercise any right under this Agreement then they may only do so with the unanimous decision of each Co-Author.
      The obligations or liabilities of the Author set out in this Agreement are joint and several as between each Co-Author.
      In the case of dispute between Co-Authors:

      (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.

  2. This Agreement may be executed in one or more parts by the parties on separate counterpart each of which when so executed by any party shall be an original but all executed counterpart shall together when delivered constitute but one agreement.

17.Miscellaneous Provisions

  1. ASSIGNMENT Neither Party shall assign, transfer or charge this Agreement or any of the rights, obligations or entitlements contained within it, without the prior written permission of the other Party.
  2. CONFIDENTIALITY The terms of this Agreement are confidential to the Parties and must not be disclosed to any third parties without the prior written consent of both of the Parties.
  3. ENTIRE AGREEMENT This Agreement contains the whole agreement between the Parties and supersedes any prior written or oral agreement between them in relation to the Work, and the Parties confirm that they have not entered into this Agreement upon the basis of any representations that are not expressly incorporated into this Agreement. No oral explanation or oral information given by any party shall alter or affect the interpretation of this Agreement.
  4. NOTICES Any notice due or required to be served under this Agreement shall be in writing and sent by Recorded Delivery to the Parties’ addresses as set out in this Agreement.
  5. NO PARTNERSHIP Nothing in this Agreement shall be deemed to constitute a partnership between the Parties, not the relationship of employer and employee under a contract of service, nor the relationship of principal and agent. The Author is responsible for his or her own personal tax and accounting obligations
  6. PUBLISHER’S MARKS This Agreement conveys no rights or entitlements to the Author to use the Publisher’s art work, cover work, trade marks, service marks, trade name or logos, unless prior written permission has been given by the Publisher.
  7. SEVERANCE If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or if indications of this are received by either of the Parties from any relevant competent authority, the Parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at the discretion of the Publisher, that provision may be severed from this Agreement, and in either event, the remaining provisions of this Agreement shall remain in full force and effect.
  8. THIRD PARTIES Nothing contained within this Agreement is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
  9. VALUE ADDED TAX All sums payable under this Agreement are exclusive of VAT, which shall, where applicable, be paid in addition at the prevailing rate at the due date for payment, subject to the Parties either supplying a VAT invoice or a VAT registration number.

18.Governing Law     

            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.

19.Electronic Signature

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.

 


SCHEDULE A

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.

 


SCHEDULE B

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


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Document name: Publishing Contract
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31/08/2021 17:20 BSTPublishing Contract Uploaded by Claire Siemaszkiewicz - support@totallyentwinedgroup.com IP 82.71.40.93