Sample Contract
This draft of the Barbarian Books author's contract is provided to help you understand what rights are being sought. As our business evolves we may make changes to our contract. THE ACTUAL CONTRACT OFFERED MAY VARY SIGNIFICANTLY FROM THIS SAMPLE. Last update 5-27-2012.
NOT A VALID CONTRACT
This sample contract is for educational purposes only and does not constitute an offer for any specific manuscript.
Barbarian Books Publishing Contract
1)
This is an Agreement between the writer whose name, book title and email address appear above (hereinafter referred to as the Author),
and Barbarian Books (hereinafter referred to as the Publisher). This Agreement is effective (“Effective Date”) on the date and time
in Author’s location when Author clicks on the “I Agree” button located at the bottom of this web form.
IF YOU DO NOT WISH TO BE BOUND TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON “I AGREE.”
By clicking on “I Agree” you affirm that you are the Author or are authorized to bind the Author contractually. Author must at all
times advise Publisher of Author’s best and most current email address.
2)
Author grants Publisher the exclusive license to electronically produce, sell, and promote non-dramatic electronic versions
(commonly known as "eBooks" or "Electronic Books") of the work of fiction and/or non-fiction named in the
email submission (hereinafter known as the "Work"), worldwide in the English language. The Author retains the right to publish
excerpted portions, but no more than 30%, of the Work for promotional use on the Author’s personal Internet web site(s), with no
restriction upon length of time the excerpt(s) may be posted. Any publication of the Work by Author in other formats (e.g., audio, print)
shall be made no sooner than ninety (90) days after the date of first publication of the Work by Publisher.
3)
The Author grants the Publisher the exclusive right to contract with online retailers and distributors, as well as
any other digital retail venue, to sell and/or promote the Work.
4)
The Author grants the Publisher the right to use the Author's name and image (appropriate photos to be
provided by the Author upon Publisher’s request) in all marketing or promotion, in print or online.
5)
Print and other rights are not being licensed to the Publisher. If the Author sells print or
other rights the Author will make a reasonable attempt to notify the Publisher.
6)
The Author represents and warrants that the Work is Author’s original work , and that Author has the
right to grant all rights herein, that the Work is not in the public domain and the Author is the sole
owner and copyright holder of the Work. The Work has not been previously published.
7)
The Author represents and warrants that the Work is free and clear of any charges of copyright infringement
or any other charges, including defamation. The Work does not infringe upon any rights, including proprietary,
statutory law or common law. The Work is free of any legal and binding publishing contracts by other publishers,
including the Author acting as self-publisher.
8)
The Author releases and shall indemnify and defend the Publisher, its agents, employees, members, shareholders
and directors, from any responsibilities, fees or legal charges relating to any legal actions, including charges
of plagiarism, related to the contents of the Work or the actions of the Author. The Author agrees to secure
permission for use of any copyrighted materials incorporated in the Work.
9)
In the event of a third-party infringement of the rights granted under this Agreement to the Publisher,
the Author shall have the right to sue jointly with the Publisher for the infringement and share in any
recovery compensation, after deducting all expenses associated with bringing the lawsuit to court.
10)
The Author holds the copyright to this Work and shall take appropriate steps to register the copyright
with the copyright office in the country of their residence and elsewhere, as appropriate.
11)
Hard copy excerpts or anthologies from the Work will not be
permitted without the Author's prior, written approval.
12)
The Author grants the Publisher the herein rights for a period of three (3) years from the Effective
Date of this Agreement. After the three years the Agreement may be renewed by mutual consent of Author
and Publisher or terminated by either the Author or the Publisher with a ninety (90) day written notice. All
rights will revert to Author at the time of such termination.
13)
If the Publisher does not publish the Work in eBook format within nine (9) months of the Effective Date,
the Author shall have the option upon thirty (30) days written notice to terminate the Agreement. If the
Work is still not published at the end of those thirty days all rights shall revert to the Author.
14)
The Publisher will endeavor to produce this eBook in a manner which reflects state-of-the-art industry
standards, as these standards evolve. The Publisher holds the Author harmless from litigation resulting
from breach of warranty or other fault of the Publisher.
15)
The Publisher may not assign this Agreement to another publisher without the Author's express written
consent, which shall not be unreasonably withheld.
16)
The Author will receive appropriate credit as author of the Work.
17)
The Author agrees to allow the Publisher to perform certain minor script editing (abridgement of the text,
sentence restructuring, correcting spelling and grammar errors, etc.) without significantly changing the
characters, plot or pertinent facts. Author shall be given an opportunity to review any such edits. Edits
shall be deemed approved if Author has not responded within thirty (30) days after edits are submitted to
Author for review.
18)
The Publisher agrees to pay the Author 70% royalties on the net profit from sales of the Work. Royalties
greater than $10 are paid quarterly. Royalties less than $10 are paid yearly. Royalties will be paid
no later than 30 days after the end of each quarter.
NOTE: No royalties shall be paid on copies furnished free of charge to media reviewers, or for use in
advertising or promotion of the Work.
19)
Statements detailing the Author's sales will be issued at the same time as royalty payments.
20)
The Author may request a sales audit at any time. Should the sales audit prove the Publisher's figures
are accurate, the Author will bear the cost of a reasonable auditing fee. Should the sales audit prove the
Publisher's figures are inaccurate, the Publisher will bear the cost of a reasonable auditing fee and
promptly pay the Author the correct amount of royalties due, per the auditor's findings.
21)
The Publisher makes no promises or guarantees regarding estimated sales figures.
22)
A genre appropriate book cover will be provided by the Publisher at no charge. The cover design need not be
unique to the Work. The Publisher will provide the Author a jpeg of the cover via email prior to publication.
Cover art shall be deemed to be approved if Author has not responded within thirty (30) days after cover art
is submitted to Author for review. Author will have the option to submit a cover design and preference will
be given to the Author’s submitted cover design. The Publisher will have the right in its sole discretion to
reject any cover design submitted by Author and use cover art selected by Publisher, subject to Author review,
as above.
23)
Book covers provided by the Publisher remain the property of the Publisher. The Author is granted the right
to use the book cover, without alteration other than resizing, for the duration of the Agreement only.
24)
Book covers provided by the Author remain the property of the Author. The Publisher is granted the right to
use the book cover, without alteration other than resizing, for the duration of the Agreement only.
25)
If upon the expiry of sixty (60) days from the date of first publication of the Work by the Publisher, the Work
becomes unavailable in eBook format published by the Publisher — or is not listed in the Publisher's
catalog of eBooks available for sale — the Author may give notice in writing instructing the Publisher
to publish the Work and list it in the Publisher's catalog within thirty (30) days of date of the Publisher’s
receipt of the notice. In the event of failure to comply with such notice, all the Publisher's rights
in the Work shall revert to the Author.
26)
If a petition of bankruptcy is filed by or against the Publisher, or if it is judged insolvent by any court,
or if the Publisher should liquidate or close its business for any reason, this Agreement shall terminate
immediately without notice and all rights granted shall revert to the Author. Every effort will be made by
the Publisher to withdraw the Work from publishing/retail venues in a timely manner, and any royalties
collected for this Work will be paid to the Author within six (6) months of collection from retailers.
27)
This Agreement constitutes the entire agreement between the Author and the Publisher. Any changes in this
Agreement must be in writing and signed by both parties.
28)
This Agreement shall be construed and interpreted pursuant to the laws of the state of Idaho, and the
method, jurisdiction of and venue for the resolution any dispute arising out of or related to this
Agreement shall be binding arbitration in Ada County, Idaho. In any such dispute, the prevailing
party shall be entitled to an award of its reasonably attorneys’ fees and costs.
This sample contract is for educational purposes only and does not constitute an offer for any specific manuscript.
NOT A VALID CONTRACT
All information on BarbarianBooks.com is
subject to change without notice.