Contract
Write Bloody Printing
BOOK PUBLISHING AGREEMENT
This Publishing Agreement is between the AUTHOR listed at the end of this Agreement
and Write Bloody Publishing/Printing, 926 woodland st. #107, Nashville TN 37206
(WBP). This agreement covers the parties’ respective obligations regarding the
publishing of AUTHOR’S BOOK (the “BOOK”), the title of which is listed at the end of
this Agreement.
1. OWNERSHIP OF BOOK
The AUTHOR at all times retains 100% of all right, title and interest in and to the BOOK and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with the BOOK.
The AUTHOR’s intellectual property includes the cover art, book cover layout, the interior layout of the BOOK, any sell sheets, press materials, press releases, the AUTHOR’s website and everything else WBP is paid by the AUTHOR to create (“Intellectual Property”).
The AUTHOR’s derivative rights are: (a) translation rights; (b) abridgement rights; (c) serial
rights; (d) merchandising rights; (e) stage, film, television, video, radio, and dramatization and
documentary rights: (f) picture book rights; (g) electronic publishing rights; (h) publication, sale and distribution rights in relation to the BOOK and/or any part thereof in all editions and in all languages; (i) exploitation rights in relation to the BOOK in any other form as may be invented in the future; and the right to sell, resell, license or re-license to anyone any or all of the foregoing.
At any time, AUTHOR can demand copies of all Intellectual Property, which WBP shall send within 10 (ten) business days so long as AUTHOR has paid all outstanding monies owed to WBP including cost of stock. All electronic files will be sent electronically and any printed copies of AUTHOR’s BOOK or other Intellectual Property in possession of WBP will be sent to AUTHOR within 10 (ten) business days (but AUTHOR will be responsible to pay all shipping / postage charges).
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b. Title and AUTHOR Information for Write Bloody Publishing and Printing
WBP may post pertinent information about the AUTHOR and the BOOK on WBP website and third-party websites (e.g. Amazon.com, distributor’s website) during the term of this Agreement. Such information may include the BOOK’s cover, AUTHOR’s name and picture, description of the BOOK and other related information. AUTHOR reserves the right to have WBP remove said information from WBP website at any time.
d. AUTHOR Maintains All Other Rights
All rights associated with the BOOK (except WBP limited right to publish the BOOK on the AUTHOR’s behalf) including movie, television, radio, foreign, and all other derivative rights belong to the AUTHOR only.
e. AUTHOR May Rescind License at Any Time.
The AUTHOR may rescind WBP’s limited rights to sell the BOOK at any time and for any
reason. At which time WBP will remove all reference to AUTHOR and the BOOK from any of its or its partners’ websites. However, AUTHOR acknowledges that it may take third-party retailers (e.g. Amazon.com) an unknown amount of time to remove the BOOK from their sites and databases. AUTHOR further acknowledges he/she has no cause of action against WBP for any delay by a third-party in removing the BOOK and/or AUTHOR’s information from a website.
3. TERMS OF THE AGREEMENT & TERMINATION
The Agreement shall continue until either party terminates pursuant to the terms set forth herein.
a. Termination by AUTHOR
AUTHOR may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail. If AUTHOR terminates PRIOR to the commencement of the publishing process AUTHOR shall receive a full refund of all monies paid. “Commencement of the Publishing Process” is when AUTHOR submits his/her manuscript.
If AUTHOR terminates once the publishing process has commenced, AUTHOR will receive a refund for all services not yet commenced by Write Bloody Publishing as set forth on Addendum A to this Agreement. Once WBP commences the layout of AUTHOR’s BOOK, no refunds will be given.
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All refunds will be made by WBP within 30 days after the notice of termination has been
provided by AUTHOR. WBP has 10 business days from AUTHOR’s written notice of
termination to remove all online listings under WBP’s control and send all digital files to
AUTHOR.
Termination of any other services provided by WBP as set forth in the ADDITIONAL
SERVICES CONTRACT are subject to different terms and refund circumstances covered by a different agreement.
SERVICES PROVIDED BY PRINTER
WBP shall provide the following services for a fee stated in an emailed quote to be paid in advance by the AUTHOR via credit card or certified check, or
money order (If AUTHOR chooses to pay with a regular bank check, AUTHOR acknowledges that services will not commence until said check is cleared by AUTHOR’s bank): Shipping charges will be billed after printing is finished and must be paid within 15 business days.
a. Cover Design
Once the AUTHOR completes the book cover design questionnaire or spec sheet, WBP
shall assign a book cover designer who will then create two (2) original book cover concepts
within seven (10) business days.
AUTHOR may include photos and other images for use in AUTHOR’s book cover design. If AUTHOR doesn’t provide photo / image, WBP’s cover designers, in order to create the most compelling cover concepts, may select a photo.
If AUTHOR requests an illustration for the cover be created by Write Bloody Publishing, AUTHOR shall pay an
additional pre-disclosed amount.
Once the two (2) book cover concepts are completed, they will be provided to the AUTHOR
through email for the AUTHOR’s acceptance of one of them. The AUTHOR
acknowledges that the cover design process cannot proceed until such time as the AUTHOR
approves one concept. AUTHOR can make one free change to their favorite cover. Once the AUTHOR selects one of the cover concepts, the AUTHOR shall
have the opportunity to make suggestions for the cover revision. The cover designer shall make up to five (3) rounds of revisions of the chosen cover concept until the AUTHOR approves one of the revised covers. Each round of revisions may take up to five (5) business days.
d. Copyright Registration
AUTHOR will be provided access to
clickandcopyright.com and will provide copyright details through that website. COPYRIGHT.GOV HAS INFO ALSO
It is the responsibility of the author to log this information.
e. ISBN, LCCN, and Bar Code
WBP shall provide an ISBN and Bar Code and shall affix both in the appropriate places on the BOOK. The ISBN only identifies the name and contact information of WBP. Should AUTHOR or WBP terminate this Agreement, AUTHOR must remove WBP’s ISBN from any future copies of the BOOK AUTHOR publishes.
f. Physical Proof Copy
Write Bloody Publishing recommends the client to order a physical proof copy of the BOOK for AUTHOR’s review. Once AUTHOR acknowledges receipt of and approves the proof, the
AUTHOR may then request that Write Bloody Publishing print copies of AUTHOR’s BOOK, the quantity of which will be at the AUTHOR’s choosing.
Any additional changes to BOOK after AUTHOR’s receipt of the physical proof copy will be
billed as stated.
c. Listing of Books in Bowker’s Books-in-Print
WBP shall list AUTHOR’s BOOK in Books-in-Print upon publication.
9. NO GUARANTEE OF MINIMUM SALES
WBP makes no promises that any of its products or services will result in the sales of a minimum number of copies of the BOOK. The AUTHOR acknowledges that Write Bloody Publishing has no control over the purchasing decisions of book buyers and is not liable to the AUTHOR or any other party if sales of the BOOK do not meet the AUTHOR’s expectations.
a. Payments for Books Sold on Amazon.com (and other online retailers)
Within 60 days from the day WBP receives payments from Amazon.com or any other third-party, Write Bloody Publishing shall pay all amounts to AUTHOR via check or Paypal, as specified by the author. AUTHOR MUST SET UP PAYPAL ACCOUNT TO RECEIVE THIS THROUGH PAYPAL.
12. PERMISSION FOR COPYRIGHTED MATERIAL
If the AUTHOR incorporates in the BOOK any copyrighted material, he/she will procure, at
his/her expense, written permission to reprint it. The AUTHOR agrees to retain all such written
permissions. The AUTHOR agrees to deliver all such written permissions to WBP at WBP’s
request. WBP will provide a copyright request form at AUTHOR’s request to help facilitate this
process.
13. SUITS FOR INFRINGEMENT OF COPYRIGHT
If the copyright of the BOOK is infringed the AUTHOR is responsible for commencing any legal action the AUTHOR deems necessary. However, the AUTHOR and WBP may jointly pursue a copyright infringement action, but the parties must agree in writing prior to any joint commencement of any legal action.
14. ADDITIONAL SERVICES BY PUBLISHER
Any additional services provided by Write Bloody Publishing have their own specific terms and conditions and must be agreed to separately by the AUTHOR in writing, which may include mail, fax, email or
electronic signature, or agreeing to Terms & Conditions as set forth on WBP website.
15. MISCELLANEOUS PROVISIONS
a. Notices
All notices required or permitted under this Agreement shall be addressed to the addresses listed above and/or may be sent via email.
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b. Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. The parties agree that both contributed to the drafting of this agreement and both have had the opportunity to have this agreement reviewed by legal counsel.
c. Severability
If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed,
and enforced as so limited.
d. Modification
This Agreement may not be modified or amended except by written instrument signed by the
undersigned parties hereto.
e. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
f. Applicable Law
The validity, interpretation, construction, performance, enforcement, and remedies of or relating
to this Agreement, and the rights and obligations of the parties hereunder, shall be governed by
the laws of the State of Tennessee (without regard to the conflict of laws, rules, or statutes of any
jurisdiction), and every legal proceeding arising out of or in connection with this Agreement shall
be brought in Davidson County, Nashville TN by each of the
undersigned parties hereby consenting to the exclusive personal and subject matter jurisdiction of
aid courts for this purpose. However, should the only cause of action under this Agreement be
due to WBP’s failure to pay AUTHOR monies earned on book sales as set forth herein and WBP fails to cure any payment default within 45 days from date royalties were to be paid, AUTHOR may sue WBP in AUTHOR’s local state court and WBP consents to said jurisdiction.
g. PrevailingParties
The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions and attorney’s fees, including all costs and attorneys’ fees incurred in attempting to collect any judgment hereunder.
h. Assignment
Any person or entity to whom any right, title, or interest in this Agreement be assigned shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto. If a controlling interest in Write Bloody Publishing changes, is bought or otherwise merged into another publishing company, AUTHOR will have 30 days to opt-out of this Agreement, upon written notification of such sale or merger by WBP.
i. Counterparts and Fax or Electronic Signature
This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed
to be an original but all of which together will constitute one (1) and the same instrument.
Further, one or both parties may execute this Agreement via electronic signature or fax and such
signature will be deemed to be original. Electronic signature is indicated by as follows: /name of
signer/.
j. AUTHOR Remedies & Limitation of Damages
The most AUTHOR may ever sue WBP for is the amount paid for any services rendered
hereunder and not refunded at the time of commencement of litigation by the AUTHOR. WBP is
not liable for any other damages including but not limited to any incidental or consequential
damages, damages for loss of profits, missed sales opportunities, business interruption, loss of
business information, or any other type of pecuniary loss.
k. Currency
All dollar amounts set forth in this Agreement and in those incorporated as part of this
AGREEMENT (book editing, copyright registration services, etc) are in U.S. Dollars.
l. Printer Bankruptcy
If Write Bloody Publishing commences bankruptcy proceedings, all rights in AUTHOR's BOOK not already
vested with AUTHOR shall immediately revert back to AUTHOR.
TITLE OF WORK:
AUTHOR:
Write Bloody Publishing, INC.
By: /Derrick Brown/ President
X_author sign here___________________
Date:_____________________ Date:___________
