Simon Publishing LLC
Simon Publishing LLC
This Agreement is entered into on _ (date) , by and between Simon Publishing, LLC, whose email address is _SimonPublishingLLC@gmail.com and whose contact telephone number is _239-784-2637_ (“Publisher”) and _(name)_ __, whose email address is (email)_ ____ _ and whose contact telephone number is (telephone number)_ (“Author”) as follows:
1. Grant of Rights. Author gives Publisher the exclusive right to publish and sell the Work with a working title of _ ____ _ (“the Work”), during the full term of copyright (subject to other provisions in this Agreement) in any and all media now known or to be discovered in the future, in all countries in all languages with mutual agreement between Publisher and Author. However, the Publisher shall not be obligated to publish or continue publication of the Work. Further terms and conditions applicable to this Agreement are attached hereto as Exhibit “A” and hereby incorporated by reference.
2. Fees, Royalties and Payments. The Author will pay Publisher for publishing services, as set forth on Exhibit “A”. This fee does not include any editing services except as specified below.
a. Royalties. The Publisher will pay the Author a royalty of eighty-five (85%) percent of Publisher's Net Sales of the Work. Net Sales shall mean gross sums received by Publisher less taxes, costs of publication, administrative expenses incurred by Publisher, shipping and customary trade discounts and commissions.
b. Payments. The Publisher will report on the sales of the Work in February and August of each year for the six-month period ending the prior December 31 and June 30, respectively. To the extent that Royalties exceed $100.00, the Publisher will pay Author based on such report.
c. Subsidiary Rights. The Publisher may permit others to publish, broadcast by radio or television, make audio or video recordings, mechanical or electromagnetic renditions, publish club or microfilm editions, make translations and other versions, show by motion picture or by television, syndicate, quote and otherwise utilize this Work and material based on this Work. The net amount of any royalty compensation received from such use shall be divided between the Publisher (20%) and the Author (80%). The Publisher may authorize such use by others without compensation, if, in the Publisher's judgment, such use may benefit the sale of the Work.
d. Deduction from Royalties and Discontinuance of Publication. The Publisher may deduct from any funds due the Author, under this or any other agreement between the Author and the Publisher, any sum that the Author may owe the Publisher. However, this shall not waive Author’s obligation to pay Publisher promptly. If the Publisher decides that the public demand for this Work no longer warrants its continued production, the Publisher may discontinue publications and destroy any or all plates, books, and sheets without liability to the Author.
e. Author's Copies. The Publisher will give Author one proof copy for review, then 5 (five) published copies of the Work without charge. Additional Author’s copies for their own use shall be supplied at a 25% discount from the lowest list price.
3. Manuscript. Within ___ days of signing this Agreement, the Author will electronically or with a flash drive deliver the manuscript of the Work to Publisher in the format set forth in Exhibit “A”. It will contain approximately (# pages) double-spaced pages. Author will retain a copy.
a. Publisher’s Rights Upon Author’s Non-Delivery. If the Author fails to deliver a satisfactory manuscript on time, the Publisher will have the right to terminate this agreement and recover from Author any advance costs which Publisher has paid. Author shall have the right to have the Work published elsewhere.
b. Minor Formatting Edits.
i. The Publisher may (but is not required to) edit the Work for formatting purposes, provided that the meaning of the text is not materially altered. Two full sets of formatting edits are included in Publisher’s fee. Publisher shall provide a proof-ready copy with any minor formatting edits shown in Microsoft Word Track Changes to the Author for review and approval prior to publication. The Author will read the proofs, correct them electronically using Track Changes and return electronically to the Publisher within 10 (ten) business days The Author will be responsible for the completeness and accuracy of such corrections and will bear all costs of alteration in the proofs (other than those resulting from Publisher’s errors).
ii. PUBLISHER WILL NOT EDIT THE WORK OTHER THAN MINOR FORMATTING ERRORS. ANY OTHER EDITING MUST BE DONE VIA SEPARATE AGREEMENT UNLESS OTHERWISE AGREED ON EXHIBIT “A”.
c. Style. The Publisher will publish the Work in style agreed upon between Publisher and Author as to paper, printing, and binding; to fix or alter the title and price; and to use all customary means to market the Work, so long as Publisher does not incur any costs in marketing.
d. Revisions.The Author agrees to revise the Work if the Publisher considers it necessary in the best interest of the Work. The provisions of this Agreement shall apply to each revision of the Work by the Author as though that revision were being published for the first time under this Agreement.
e. Items Furnished by Author. The Author will furnish the following items along with the manuscript: title page; preface; back copy blurb and author photos (if any), author bio (if any), foreword (if any); table of contents (if any); index(if any); and final copy for all illustrations properly prepared for reproduction. The Author agrees that no marketing will be paid for by Publisher except publication on Amazon.com and Barnes&Noble.com. Author is responsible for all other marketing.
f. Items Furnished by Publisher. Publisher will provide the cover (and all cover art) by mutual agreement (unless otherwise agreed), ISBN number, and Barcode which will be Publisher’s sole property, Registered copyright which shall at all times belong to the Author. Publisher will obtain a Library of Congress number which will belong to the Author.
4. Author's Warranty. The Author warrant that the Author is the sole owner of the Work and has full power and authority to copyright it and to make this agreement; and that the Work does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter. The Author will defend, indemnify and hold harmless the Publisher against all claims, suits, costs, damages and expenses that the Publisher may sustain by reason of any claim based on any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Work, or any infringement or violation by the Work of any copyright or property right; and until such claim or suit has been settled or withdrawn, the Publisher may withhold any sums due the Author under this Agreement.
5. Quoted Material. The Work will contain no material from other copyrighted Works without the Publisher's consent and the written consent of the copyright owner of such copyrighted material. The Author will be responsible for obtaining such consents and for the costs of such consents and will file them with the Publisher. Author shall fully advise Publisher in writing as to any such material when delivering the original Work to Publisher.
6. Termination of Agreement. Publisher may terminate this Agreement at any time for any reason by proper notice as set forth below, with Author being responsible for any costs incurred by the Publisher prior to such termination. Author may terminate this Agreement at any time following (a) publication of the Work (or Publisher’s providing written notice of intention not to so publish) and (b) payment to Publisher of all sums due hereunder.
7. Competing Publications. While the Publisher continues to market the Work, the Author will not publish or have published any work on the same or similar subject that will conflict with the sale of this Work, in Publisher’s sole opinion.
8. Jurisdiction and Binding Arbitration. This Agreement shall be governed by the laws of the State of Florida and venue shall lie in Collier County, Florida. All disputes hereunder shall be resolved via binding arbitration, utilizing an Arbitrator properly qualified in the State of Florida. The parties consent to the jurisdiction of the arbitrator. If they cannot agree as to the identity of the arbitrator, they shall each select one qualified Arbitrator and the two Arbitrators shall select a third. The non-prevailing party in the Arbitration shall be responsible for 100% of the Arbitration fee. Notices :Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested, or delivered by a national overnight express service. Either party may change the address to which notice or payment is to be sent by written notice to the other party as set forth herein.
9. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the parties hereto, and their heirs, administrators, successors, and assigns.
10. Waiver.No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
11. Severability.If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
12. Assignability.Publisher may assign, sublicense, or transfer this Agreement or any part of the rights granted herein to any person, firm, or corporation without limitation.
13. Integration.This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
14. Payment. Author will pay Publisher in accordance with the Fee Schedule set forth on Exhibit “A” and will provide Publisher with a deposit of $____toward such publication fee(s), simultaneously with signing this Agreement. Publisher shall not commence services until the deposit is received
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused to be affixed hereto its or his/her hand and seal the day indicated.
Simon Publishing, LLC
Joanne Tailele, Managing Member