Author Contract For theNextBigWriter
This contract is made between theNextBigWriter, LLC whose address is P.O. Box 610383, Newton, MA, USA hereinafter referred to as the PUBLISHER, and ________________, whose address is ___________, _____________ hereinafter referred to as the AUTHOR.
The parties agree as follows:
Author's Grant
1(a). The Author grants to the Publisher the sole and exclusive worldwide right to include his/her story entitled "______________,” hereinafter referred to as the Work, in an anthology tentatively titled ASPIRING TO WRITE, in the following English language editions:
- Paperback Edition
- Electronic Edition, including EBook (readable-text digital format provided in electronic download, disk, CD/CD-ROM, E-Book Reader or similar media of presentation, excluding motion picture/television/video/DVD rights) and
- Online Edition at the sites www.thenextbigwriter.com, www.booksie.con, and www.thewriterssite.com as well as excerpts no longer than 300 words at other sites across the Web.
Length of Agreement
2. This Agreement shall begin with the execution of this contract and continue in force for a period of five (5) years from the actual date of publication of each edition.
Payments and Royalties
3. For the rights granted to the Publisher above in Section 1 the Author will receive a one-time payment in the sum of $50.00, which will be paid within thirty (30) days of the Effective Date of this agreement.
Authors' Warranties and Indemnities
4. The Author represents and warrants that he/she is the sole author of the Work and that no one has reserved the rights granted in this agreement. The Author further warrants and represents that the Author has the right to enter into this Agreement and grant the rights granted in it; that neither the Work nor entering into this Agreement will impair or violate anyone else’s rights including but not limited to rights of privacy, rights of publicity, libel or infringement of copyright or any other rights; that neither the Work nor any portion thereof is in the public domain; and that the Work is original with Author. Author shall defend, indemnify and hold harmless Publisher and its owners, operators, agents, shareholders, officers, directors, affiliates, successors, and assigns from and against any claims, actions, demands, damages, liabilities, costs, and expenses, including attorney's fees, arising out of or in connection with any actual or alleged breach of any of the foregoing warranties, whether or not a breach of these warranties is finally sustained. These warranties and indemnities shall survive the termination of this Agreement.
No competing Publication
5. The Author agrees not to publish or permit others to publish this Work in electronic or paper format prior to its publication and appearance in the above-named Anthology.
Changes in Text or Title
6. The Publisher will make no major alterations to the Work's text or title without the Author's written approval in e-mail or hardcopy. The Publisher reserves the right to make minor copy-editing changes to conform the style of the text to its customary form and usage.
Reversion of Rights and Withdrawal of Offer to Publish
7(a). In the event that the Work is not published within 18 months of the Effective Date of this agreement, all rights revert to the Author, and the Author has the right to sell or arrange for publication of the above-named Work in any manner. The Author shall keep any payments made by the Publisher to him/her.
7(b). In the event that a copy of the agreement is not signed by the Author and returned to the Publisher within fourteen (14) days from the date this Agreement is delivered to the Author, or payment in Section 3 is not made as specified, then this contract shall be automatically deemed null and void.
Copyright
8. Copyright is maintained by Author. Publisher shall include a copyright notice on the Work. Copyright registration, if any, is the responsibility of the Author.
Author's Credit
8. The Author will be credited on the table of contents page and at the beginning of the story as ______________.
Venue
9. This agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA without regard to its conflict of law provisions. The parties consent to, and agree to be subject to the exclusive jurisdiction of the sate and federal courts of the State of Massachusetts, USA with respect to any actions for enforcement of or breach of his Agreement.
The parties acknowledge that each party has read and understood this contract before execution.
In witness whereof the parties have executed this contract as of the later date set forth below (the “Effective Date”).
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Authorized Signature of Author or Author's agent
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Name of Author or Agent, printed
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Date
If signed by Agent, give Agent's address where payment should be sent: ___________________________
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Sol Nasisi, for Publisher
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Date
