Author and Publisher Agreement
By purchasing option 1 or 2 now, you agree to the following terms and conditions:
Both Parties wish to work together with the Author contributing one Chapter of a book as part of a multi-authorship book being produced by the Publisher. The Publisher will provide various advisory and coaching Services to the Author during the drafting of the materials.
This Agreement provides the structure under which the Author produces the Chapter with consultancy Services from the Publisher and is designed to protect and benefit both Parties and ensure a successful working relationship for the duration of this Agreement.
Both Parties agree that the Services detailed in the attached Schedule A, represent the scope of supply for which the terms in this Agreement apply.
1 Definition and context
1.1 Agreement shall mean these terms and attached Schedule A, agreed between the Author and the Publisher for the execution of book publishing Services.
1.2 Production Schedule shall mean the timing and sequence of events as described in Annex A of the Agreement.
1.3 Work shall mean final manuscript supplied by the Author prior to typographic design, artwork and printing.
1.4 Services shall mean publishing advisory and coaching services, copywriting, editing, proofreading, typography, artwork, marketing, print buying as necessary for the Publisher to supply and deliver publishing Products to the Author.
1.5 Products shall mean printed or electronic books, brochures, blogs, websites, videos, podcasts and social network promotions.
2 Publisher’s responsibilities and warranties
The Publisher hereby represents and warrants to the Author that:
2.1 The Publisher shall provide to the Author the Services specified in this Agreement and shall ensure all personnel selected by the Publisher to execute the Agreement have the necessary skills, competence, experience and qualifications to fulfil the Agreement.
2.2 The Publisher shall be responsible for providing the necessary personnel either directly or through subcontract arrangements to meet the Production Schedule. Changes to the personnel delivering the Services may be made by the Publisher at any time in line with clause 2.1 above.
2.3 The Publisher will ensure the specified quantity of books outlined in Schedule A, are delivered to the Author’s specified UK address. Overseas deliveries may be arranged at the Author’s request and expense.
2.4 The Publisher will acknowledge the Work is written by the Author in whatever form it is published.
2.5 The Publisher will provide Services to the Author in the form of discussions, advice, coaching and email dialogue.
2.6 The Publisher will provide an e-book version of the Author’s Chapter with their name on the cover and the Publisher’s promotional message on back cover.
3 Author’s responsibilities and warranties
The Author hereby represents and warrants to the Publisher that:
3.1 The Author is the sole creator of the Work (apart from the Publisher’s Services.)
3.2 The Work has not been published previously in any format with any company or person that may still own proprietary rights to the Work.
3.3 The Work is original and that no part of the Work was taken from or based on any other literary, dramatic or musical material, or from any film or graphic arts, except as identified and acknowledged in writing by the Author.
3.4 The Work does not infringe upon any copyright or proprietary right, common law or statutory law; and does not contain any material of a libelous or obscene nature, or constitute a violation of privacy rights.
3.5 The Author agrees to reasonable modifications to allow the Work to conform to the Publisher’s requirements, and the Author remains responsible for the correcting of spelling and grammar errors in the Work.
4 Payment & Charges
4.1 The Author shall pay the amount stated in the attached Schedule A.
4.2 Payment is due following written acceptance of the Author’s application and before any Services are carried out by the Publisher.
VAT is currently not applicable.
5 Delivery of books
5.1 Delivery is free of charge and includes delivery to a single UK address. The Publisher may agree to deliver to multiple UK delivery addresses at the Author’s request and expense. Overseas deliveries may be arranged at the Author’s request and expense.
5.2 Unless agreed in writing, completion and delivery times are a guide only.
6 Copyright ownership and rights to use
6.1 The Publisher retains all copyright and design rights for all of its electronic and printed publications. However, the Author will be entitled to use the Work for self-promotional purposes, either in print or electronic file formats. This does not include or permit the use of the Author chapters being published in books other than those published by the Publisher.
6.2 The Publisher will hold and distribute the Author’s work in any and all file formats deemed appropriate, including e-books.
6.3 The Author, in submitting the Work or other information of any kind to the Publisher, warrants that they are entitled to use that material, and agrees to indemnify the Publisher (as to damages and costs) in the event of any claim by any third-party arising out of the use of that material. This includes but is not limited to claims arising out of trade marks, copyrights and disclosure of confidential information.
6.4 In the event of an infringement of the Publisher’s copyright, the Publisher may at the Publisher’s own expense, take legal action in order to halt the infringement and/or seek damages from the infringing Party.
7 Liability – accuracy and responsibility
7.1 Whilst the Publisher will highlight to the Author any spelling, factual or translation errors that it identifies, it is the sole responsibility of the Author to ensure the accuracy of the Work prior to going to press.
7.2 The Publisher cannot be held liable for any spelling, factual or translation errors which the Author did not identify and correct. The Author will meet all reasonable costs incurred by the Publisher in rectifying errors in Work that are deemed necessary after going to press. If the fault lies with the printer, the Publisher will ensure they are made fully aware and the errors corrected at no extra cost to the Author.
7.3 The Publisher will not be liable for any consequential losses such as loss of profits as a result of errors in the Work. The Author agrees that he shall not be entitled to set off any claim for damages against any monies due to the Publisher for Services and Products supplied.
7.4 The Publisher does not guarantee the level of sales of books allocated to the Author and cannot be held responsible if the book is not a commercial success. The Publisher will use reasonable efforts in its marketing campaign to promote the book.
8 Execution and delivery of Agreement
8.1 This Agreement remains open for acceptance by the Author for a period of seven (7) days from the date of this Agreement. The Author may accept by email. If acceptance is not received in this period the Publisher may withdraw this Agreement. This will be confirmed in writing to the Author.
8.2 The Author agrees to deliver to the Publisher, no later than 28 days from date of this Agreement, the Work in Microsoft® Word format. The Author will also deliver written authorisations for the use of any materials owned by a third-party included in the manuscript (if any) at the same time.
8.3 The Author shall use his best endeavours to meet the Production Schedule shown in Annex A.
The Publisher may grant the Author additional time to complete the Work provided a written request giving the reason(s) has been received and such extension in time does not impact the business of the Publisher.
8.4 The Publisher will inform the Author of its decision to such a request in writing.
Where Work cannot be completed in time for current publication, it may be incorporated into a subsequent publication. In this instance, the Publisher will notify the Author of a new Production Schedule.
8.5 The Publisher will make all reasonable efforts to adhere to the Production Schedule defined in
Annex A.
8.6 If the Publisher is unable to deliver Services for whatever reason according to original time estimate, then a revised Production Schedule will be sent to the Author.
9 Termination of Agreement
9.1 Either Party may terminate the Agreement if the other is in breach of contract and does not rectify such breach within fourteen (14) days of receipt of notification in writing.
9.2 The Author may terminate the Agreement at any time by giving at least seven (7) days written notice to the Publisher. If this is received before the Work goes to press, the Publisher will withdraw the Work from publication. The Author shall not be entitled to receive any books or any refund of fees paid to the Publisher.
9.3 The Publisher may terminate the Agreement at any time by giving at least seven
(7) days written notice to the Author. The Author shall be entitled to receive a refund of monies paid to the Publisher in line with clause 4.1.
9.4 Termination of the Agreement shall not prejudice any rights of either Party which have accrued to the date of termination.
10 Indemnification and limitation of liability
10.1 All warranties and indemnifications made by the Author herein shall survive termination of this Agreement and any license granted hereunder.
10.2 All Services and Products provided by the Publisher under this Agreement are on an as is basis.
The Publisher does not warrant that the Services or Products provided will be uninterrupted or error free.
10.3 The Publisher’s total liability to the Author or any third-party for any and all claims shall not
exceed £1,000.
10.4 To the maximum extent permitted by applicable law, in no event shall the Publisher be liable for punitive, consequential, incidental, exemplary, indirect, or special damages, including without limitation, damages for loss of profits, revenues, business, use, data or other intangibles, whether or not such damages were foreseeable and even if the Publisher had been advised of the possibility or likelihood of such damages.
11 Confidentiality
11.1 The Publisher and the Author shall keep confidential all information marked as such that they receive from the other Party in connection with this Agreement, and shall not divulge the same to any third-party without the written consent of the disclosing Party.
11.2 The provisions of this clause shall not apply to:
(a) Any information in the public domain otherwise than by breach of the Agreement.
(b) Information obtained from third-party who is legally entitled to divulge it.
(c) Information already in the possession of either Party.
11.3 The Publisher and the Author shall divulge confidential information only to those persons directly involved in the Agreement and shall ensure that such persons are aware of and comply with the terms of this Agreement.
11.4 The provisions of this clause shall continue in force for ten (10) years from the date of termination of this Agreement.
12 Force Majeure
12.1 Neither Party shall be liable for failure to perform its obligations under the Agreement if such failure results from circumstances beyond that Party’s reasonable control, providing that the other Party is notified in writing of these circumstances as soon as possible.
13 Disputes and arbitration
13.1 Any dispute or difference which may arise between the Author and the Publisher (other than in relation to the payment of any monies) in connection with or arising out of the Agreement will be resolved in the following manner:
(a) The Publisher and the Author shall first hold good faith discussions.
(b) If there is no resolution of the dispute within fourteen (14) calendar days of the first discussions then both parties may agree to have the dispute be resolved by arbitration, in which event such dispute or difference shall be referred to a single arbitrator to be agreed between the Author and the Publisher.
(c) Such arbitration shall be non-binding and not prevent either Party from resolving the dispute through litigation. The costs, charges and expenses incurred in respect of such arbitration including the legal costs of each Party will be at the discretion of the arbitrator. If there is no Agreement to go to arbitration then either Party is free to resolve the dispute through litigation.
14 Jurisdiction
14.1 Unless otherwise agreed in writing between each Party, the Agreement shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England
15 Entire Agreement
15.1 This written Agreement contains the sole and entire Agreement between the Parties and shall supercede any and all other prior representations, understandings and communications between the Parties. This Agreement may not be modified or amended except in writing signed by the Party against whom such modification or amendment is to be enforced.
15.2 Each Party confirms that it has not relied upon any representation not recorded in this document inducing it to enter into this Agreement.
15.3 Neither Party shall be entitled to rely on any Agreement, understanding or arrangement that is not expressly set forth in this Agreement except in respect of any fraudulent misrepresentation made by
either Party.
16 Severability
16.1 Nothwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable, the other provisions of this Agreement and the remainder of the provision in question shall continue in full force and effect. In relation to any illegal or unenforceable part of this Agreement, the Parties hereto agree to amend such part in such manner as may be requested from time to time by any of the Parties hereto provided that such proposed amendment is legal and enforceable and to the maximum extent possible carries out the original intent of the Parties in relation to that part.
17 Third-party rights
17.1 A person who is not a Party to this Agreement has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18 Transferability
18.1 If the Publisher changes its legal form, is acquired by another entity, or otherwise changes ownership, all rights and responsibilities granted in this Agreement will be transferred to the succeeding entity.
Annex A – Production Schedule
Timetable and sequence of events
The Author is to supply the Work to be incorporated into a multi-author publication being produced by the Publisher. The Author is expected to meet the following milestones to allow the whole project to progress in a timely fashion.
1. The Publisher receives payment from the Author.
start date + 7 days
2. The Publisher starts work with the Author – discussion of ideas, Chapter topic themes and agree date for first draft copy of the Work.
start date + 8 days
3. First progress review – Publisher and Author discuss and approve outline, sequence and structure draft.
start date + 14 days
4. The Author submits first draft copy of the Work.
start date + 20 days
5. Second Progress Review – Publisher provides feedback and discusses with Author areas for development or introduction of new ideas.
start date + 24 days
6. The Publisher receives completed Work from Author along with Author’s photo in jpeg or tiff file format.
start date + 28 days
7. The Publisher prepares typographic design layout, portrait photo editing and digital artwork.
date to be confirmed
8. The Publisher sends Chapter PDF of artwork to Author for proofreading.
date to be confirmed
9. The Publisher’s editor will make final edit and style changes to book once all Author Chapters are complete as digital artwork.
date to be confirmed
10. The Author receives personalised e-book Chapter.
date to be confirmed
11. The Publisher submits complete book artwork and print specification to Printer.
date to be confirmed
12. The Publisher provides estimated delivery date to Author
date to be confirmed
13. The Author receives delivery of books.
date to be confirmed
Schedule A
Important notice
Only one Author can represent a single area of expertise within each book Chapter.
It is possible to have two Authors from the same profession representing a different specialism. For example, a solicitor specialising in business law could feature alongside a conveyancing solicitor. But two conveyancing solicitors would not be allowed.
Offer
Option 1 (as stated in promotional brochure)
Option 1 earns you £298 profit and recovers original investment
This option includes 100 books to use in your marketing campaigns, recovers your original £997 investment and generates a profit of £298.
The investment is £997 (no VAT charge) payable prior to starting work.
£1295 income from marketing your 100 inclusive books at £12.95 per copy.
Profit generated: £298
What you get:
• 2 days with Francis (normally charged at £560/day) helping you to write your story. Includes discussion of yourstory ideas, follow-up telephone calls and emails
• Draft copy and final editing. An independent editor will make final decision prior to going to press
• Your photo and biography on chapter title page. You’ll need to supply your own photo
• Photo editing, typography and artwork for printer
• Your own personalised e-book chapter
• 100 books to use in your marketing campaigns to generate profit of £298 at £12.95 per copy
• FREE UK delivery to single address
• Reinvest your £298 profit on reprints with high margins
Option 2 (as stated in promotional brochure)
This low cost option gives you the opportunity to appreciate the value and marketing potential of the book. You’ll increase your visibility within the business community as contributing authors will be marketing their books. You’ll have the opportunity to order reprints and market books as a distributor.
The investment is £597 (no VAT charge) payable prior to starting work.
You get 1 copy of the book and benefit from other authors marketing books
to small business community and increasing circulation.
What you get:
• 2 days with Francis (normally charged at £560/day) helping you to write your story. Includes discussion of your story ideas, follow-up telephone calls and emails
• Draft copy and final editing.
• Your photo and biography on chapter title page. You’ll need to supply your own photo
• Photo editing, typography and artwork for printer
• Benefit from authors marketing books to business community and increasing circulation
• FREE UK delivery to single address
• Option to order reprints and benefit from high profit margins as distributor