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Mojocastle Press, LLC
Stephanie Kelsey, Chief Operations Officer and Editor-in-Chief
Signatures from all parties named in this contract indicate acceptance and agreement to all terms described herein. In signing this contract, the author attests
that all clauses within have been read and understood prior to signing. This contract shall be considered legal and binding in all countries, and is being entered into in good faith.
This publishing agreement considered effective as of the date signed (see Signatures clause, bottom of contract).
Between
Name: ('Author') _____________________writing as:_______________________________
Mailing Address:_______________________________________________________________
_____________________________________________________________________________
Social Security Number or Tax ID #: _________________________________
Date of Birth: ________________________
Phone (type): ____________________________
Alt Phone (type): _________________________
Email: _____________________________
Alt Email: __________________________
And
Mojocastle Press, LLC ('Publisher')
94 North 200 East
Price, Utah 84501
Phone: (435) 613-6398
Regarding
Series Title(s): ______________________________________________________
Working Title(s): ('work') _______________________________________________
Description/Subject Matter: _____________________________________________
Length: _____________________________________________________________
Genre: ______________________________________________________________
I. Grant Of Rights
The author, on behalf of him/herself and his/her heirs, executors, administrators, successors and assignees grants the following exclusive worldwide rights
to the publisher to produce, publish, and sell in print versions and all electronic formats, including electronic download, disk, CD, E-book reader (including but not limited to Rocket e-Book readers) or any other digital format known or to be invented, the work in English.
The author hereby retains all rights to the work not specifically granted to the publisher in this contract.
II. Author's Warranties
A. The Author hereby represents and warrants to the publisher the following:
1. That the work does not infringe upon:
i) any copyright
ii) any privacy rights
iii) any other right of a third party; or
iv) any common law or statutory law.
2. That the work is original and that no part was taken from or based on any other literary, dramatic, or musical material or from any film or graphic arts,
except as identified in writing by the Author.
3. That he/she is the author and sole owner of the work, or has been assigned exclusive rights.
4. That the work does not contain any material of a libelous nature, or obscenity outside the publisher's preset guidelines and standards.
5. That the work is not in the public domain, and has not been published in any electronic or print format with any company that may still own such rights to
the work; and the Author holds the full power and authority to grant these rights.
7. If this work has been previously published in any form, the author warrants that the rights granted herein have reverted to him/her. As an addendum, the
author shall present some written memorandum documenting the return to the author of the rights by any publishing company that may still own proprietary rights to the work. This document must be from the publisher in question.
8. If a judgment is obtained against publisher for usurping rights still controlled by a publisher or other entity than publisher or author, the author agrees to
hold publisher harmless and to reimburse publisher for actual damages, costs and attorney's fees. If publisher prevails against a suing party or resolves the matter by out of court settlement, the author will not be liable to reimburse publisher for defense and settlement costs.
B. The author agrees to hold the publisher harmless and reimburse actual damages awarded to the other party, including costs and attorney's fees, to the
publisher against any claim, demand, action, suit, proceeding, or any expense whatsoever arising from claims of infringement of copyright or proprietary right, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from claims or infringement of copyright or proprietary right or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising out of the publication or any matter pertaining to the work.
C. The author also states that, to the best of their knowledge, all statements of fact contained in the work are true and based on appropriate and diligent
research.
D. The author states that he/she will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights
granted to the publisher during the term of this contract. This includes passing on of trade secrets obtained during private discussions with staff members, or on private Mojocastle Press author listservs or webpages.
E. The author also warrants that in signing this document, he/she is over the age of eighteen and legally able to enter into this transaction per the laws of
the State of Utah. Proof of age may be requested and must be produced at any time. The author and in turn, the author's family and peers, agrees to hold the publisher harmless against any claim, demand, action, suit, proceeding or any expense whatsoever arising from the author perpetuating a fraudulent claim of legal age. Should any suit ensue due to a fraudulent claim, the author agrees to reimburse actual damages awarded to the other party to the publisher, including costs and attorney's fees.
III. Manuscript
A. The author agrees to deliver the completed manuscript to the publisher at time of contract signing, along with any rights documentation required for legal
contract. Failure to submit proper documentation may result in the withdrawal of the contract offer. Any delays in producing the final manuscript requires a discussion with the Executive Editor to request an extension.
B. In the case of a work-in-progress, the author agrees to deliver to the publisher the completed work within one hundred and eighty (180) days from the
time of contract signing in the format agreed upon by the publisher, Executive Editor and the author. Should unforeseen circumstances prevent the author from meeting this deadline, he/she agrees to notify the Executive Editor in a timely fashion to determine whether an extension will be granted.
C. The author shall also, at the time of submission of final manuscript, include written authorizations or permissions for the use of copyrighted or other
proprietary material that appears in the work, including but not limited to art, illustrations or quotes. These permissions and authorizations shall be obtained at the author's own expense.
C. The publisher reserves the right of final approval on final work submissions. The author shall be notified of such acceptance within thirty (30) days of
receipt of work or revised work.
D. The author is responsible for maintaining backup copies of work.
E. The publisher reserves the right to reject the work and terminate this contract if the author fails to meet the above-mentioned deadline, or if the work does
not meet the publisher's minimum standards of quality.
F. The publisher retains the right to make any reasonable edits and revise the work for any and all uses described under this contract in order to maintain the
standard of quality of the publisher, provided that the author's original concept of the work is not materially altered without the author's agreement that such changes are necessary for the overall improvement of the manuscript. The author will cooperate in a timely and efficient manner to make changes specified by the publisher and the editor. If the author, the editor and/or the publisher cannot agree about the changes, this agreement may become void upon the discretion of the publisher.
1. The publisher will assign an editor to work with the author in making revisions. The author will be notified prior to any and all substantial changes by this
editor, which will be made only with the author's approval and participation. The author will not be required to pay for the services of any editor assigned by the publisher to prepare the work for publication by Mojocastle Press.
2. The author agrees to return the revised manuscript to the editor within thirty (30) days. Should more time be required, the author and editor shall notify
the Executive Editor with an estimate of the amount of additional time needed.
3. Should there be an issue with the editor assigned, the author must contact the Executive Editor and relay concerns so the situation may be alleviated.
Dissentions between author and editor will not be considered grounds for release of contract.
G. The publisher will provide a proofing copy to the author, for which the author must provide corrections within the time frame issued by the publisher to
meet release dates. If the proofing copy is not received as agreed, the publisher has the option to delay release or terminate the agreement as warranted. The publisher may make corrections of typographical and grammatical errors without the author's consent in the final proofing stage.
H. The publisher shall provide cover art at its own expense. The author will be asked to produce proposed back cover blurb text and suggestions for cover
art. Any requests for a specific artist outside the house must be relayed through the Executive Editor. At all times, the final decision of cover art and text rests with the publisher.
I. In the event the author requests a change in cover art or desires to make substantial changes in the work post-publication, the author agrees to reimburse
the publisher for the additional set-up fees required to republish the work, should they be required. There will be no charge assessed for the new cover art if it entails only changes to the existing cover.
J. The publisher has final approval of release title of the work. Every attempt will be made to use the title suggested by the author, but the publisher has the
option to change the release title if the author's suggested title is too similar to any books already in release by the publisher or recent releases from any other publisher, or if the publisher deems that a more appropriate title is necessary. In the event of a title change, the author will be given an opportunity to suggest alternative titles.
K. The publisher will be responsible, at its own expense, to prepare the work for release for all formats outlined. This would include all conversions from the
manuscript into various digital formats (e.g. HTML, PDF, Palm, Rocket Editions), and print formats (layouts for print-on-demand or other printing).
1. The publisher will make the work available in all its regularly marketed electronic/digital formats. The exception to this provision is for works containing a
substantial number of color graphics and/or illustrations that are not translatable into all electronic formats. In works of this type, the publisher will format for those digital programs best suited for the nature of the work (e.g. PDF).
2. If a particular formatting type is controlled by the distributor/vendor, the publisher will prepare the work in a manner acceptable to that distributor/vendor
and submit it to them for formatting. The publisher may not be able to control when the distributor/vendor completes the formatting and places the work in the stream of commerce and is therefore not liable for delays in that venue.
L. The publisher shall have the right to produce, advertise, promote and publish the work in a style in which the publisher deems appropriate to the work,
including format, pricing and distribution. The publisher has the right of final approval of the author's manuscript, and placement of same.
M. Titles will be published in multi-digital format prior to print publication. Print publication is limited to full-length works of 65,000 words or more. Should
these sales exceed 200 digital copies, the publisher will offer the author publication of the book in print format. In addition, shorter works may be combined in anthology form for print release provided at least two included works have reached the sales requirement of 200 copies, or a shorter work may be expanded. Print publication requires a contract renewal if time remaining in current contract duration is less than two years.
N. If the publisher does not publish and make available for sale the work named in this contract within twelve (12) months of the manuscript's editing by a
staff editor, this contract is void and all rights revert to the author, unless otherwise agreed upon by publisher and author.
IV. Royalties
A. The publisher agrees to pay the author a royalty of forty-five percent (45%) of the net profits received by the publisher from sales outlets, including on-
line booksellers and special format distributors. Net profits are defined as retail cover price less costs of production and distribution other than shipping and handling charges. Costs of production may vary by distributor.
B. Royalties shall be calculated and paid monthly for electronic sales and six months for print sales following the release of the title, providing sufficient
royalties have accumulated. Amounts less than fifty dollars shall be held in trust until the author's royalties have reached the minimum amount. Once the minimum amount is reached, the author will receive a payout the next pay period. Some payment schedules may depend on specific distributor's payment schedule, and will be handled accordingly.
C. A detailed sales statement shall be distributed to the author every month even if they do not receive a payout. The author may request a statement of
sales recorded and royalties owed by notifying the publisher in writing or via email at any time.
D. Royalties may be paid by check, drawn on the company's bank of business, or via Paystone.com or Paypal.com. This is set up by individual
arrangements, mutually agreed upon by the publisher and the author at time of contract remittal. Should the author wish to alter the arrangement once agreed upon, he/she is required to contact the Chief Financial Officer and allow four weeks for the transition.
E. No royalty shall be paid on paper or digital copies distributed for review, advertising, publicity, promotional purposes, samples, or other similar purposes,
or on copies sold below or at cost. These are distributed at the publisher's discretion, for the purposes of increasing distribution.
F. If the author should pass away before contract duration is completed and all royalties have been paid, publisher will pay royalties to author's heirs,
assigns or beneficiaries upon receipt of legal documentation, i. e. a Death Certificate and copy of a legal will showing said beneficiary. Should these documents not be produced, the books will remain for sale and the royalties held in trust until documentation is made available, with contract renewing automatically.
G. The publisher shall keep sales records of products requiring running royalty payments under Section IV(A) hereunder and sold during the term of this
agreement. These records are to be sufficient to permit verification in accordance with the accuracy and completeness of the information and the royalties required to be reported and paid under this Agreement. The publisher shall not be required to keep such records beyond three (3) years after each due date for payment of royalty for such products.
H. AUDIT CLAUSE: The author shall have the right, during reasonable business hours and at the reasonable convenience of the publisher, to have the
correctness of any Royalty Report audited, at the author's expense, which shall examine the publisher's records only on matters pertinent to this agreement. No more than one such audit shall be performed per annum, unless the publisher has under-reported as provided in the following sentence. In the event it shall be determined that the publisher has under-reported in an amount in excess of ten percent (10%) of the royalties properly due with respect to one or more reports, the publisher, in addition to any other remedy provided by law or by this agreement, agrees and is hereby bound to reimburse the author's full cost and expense associated with such audit.
V. Copyright and ISBN Numbers
A. The author shall provide to the publisher a photocopy of the copyright registration if the work has been previously copyrighted. The copyright is the
author's property, and it is the author's responsibility to legally register the copyright of the work.
B. The publisher will, to the best of its ability, ensure that copyright notice shall appear in accordance with U.S. copyright laws, and show the author as the
owner and holder of copyright to the work.
C. The publisher shall obtain appropriate International Standard Book Numbers (ISBNs) for the work, should the length apply.
VI. Advertising and Promotion
A. The publisher shall have the right to use the author's pseudonym, likeness and biographical material for any reasonable advertisement, publication,
promotion of the work itself, its title and all material. The author's true name will be considered confidential information, and utilized only in private transactions unless otherwise permitted by the author.
B. The publisher retains the right to determine the type, time, method, place and manner of advertising and promotion, except as agreed to in writing signed
by both the author and the publisher.
C. The author agrees to share with the publisher copies of reviews received; and the publisher likewise agrees to same.
D. The publisher will provide the author with at least one (1) digital copy of art and/or other possible promotional materials produced that may be copied,
printed, and/or distributed at conferences, signings, mailings, etc. This art may be reproduced by the author for promotional purposes. Should the author or publisher make a profit on sales of items containing this art, the artist shall receive compensation in the form of 10% of net profits, which the author agrees to disclose. The author is allowed unlimited digital copies of the completed work for promotional use.
E. Print: The author may not copy with intent to sell or sell copies of the work other than those procured through the publisher. The author may purchase an
unlimited number of print books for the author's resale for use at conferences, signings, local booksellers, etc., at a discount from the publisher. Three copies will be made available at no cost to the author, for which the author will receive no royalties. Unlimited copies will be made available to author at publisher's wholesale cost, provided they are for specific events requiring print copies. The author can purchase up to twenty copies at wholesale for personal use. The publisher reserves the right to increase this surcharge in the event the costs of production increase, but such increases are limited to no more than $1 per copy.
F. If the author has a website, the author may use up to three (3) chapters, including prologue, of the final, approved version of the work for promotional
purposes on his/her website. The author's website must include a link to the publisher's website. The posting of unedited material requires approval from the publisher beforehand.
G. The publisher will set the retail price ('cover price') of the work, based on length, comparable works and formats. The publisher reserves the right to raise
or reduce the price as needed to stimulate sales.
VII. Term of Contract
A. The contract shall expire three (3) years from the date of actual publication, and may be renewed by mutual consent of the author and the publisher. The
initial publication date shall be set forth in writing by the publisher, and author will be notified should it be necessary to change the date. Unless notification otherwise is received ninety (90) days in advance of expiration, the terms of this contract will renew automatically.
B. At the time sales of the work reach 200 copies, the publisher will consider it for publication in print. Should the author receive an offer for print publication
at Mojocastle, upon acceptance of the terms, the work will be added to the publishing schedule to be released no later than 12 months from acceptance date unless otherwise agreed upon.
C. All rights to the edited work will revert to the author without prejudice upon expiration of this contract. Should the contract be terminated before the
contract duration is fulfilled completely, the author is only entitled to return of rights to the original version submitted prior to any edits being performed unless agreed to by publisher in exchange for compensation to the editor who performed the work. For a novel, this compensation is $250 less royalties received for the editor. For a novella, this compensation shall be $150 less royalties received. In consideration of this payment, the publisher and the editor agree to release any and all further claim to compensation for the finished work.
D: Once a book has completed the publication process and is offered for sale, the contract is required to be fulfilled to the full duration stated, with the
exception of contract breach or publisher termination of contract.
E. Upon breach of contract, termination of the contract may be requested by either party with a ninety (90) day written notice. Notification of breach and
intention to terminate the contract is to be delivered by certified mail or other receipted delivery service. If breaching party corrects the breach within the ninety (90) days, the contract shall continue to remain in place until its natural expiration. Upon expiration of the contract term, all rights granted to the publisher will then revert to the author.
F. Upon termination of the contract, the publisher retains the right to sell any outstanding print inventory. The author will receive the standard applicable
royalty on these copies. All ebook versions will be removed in a reasonable time frame, allowing for the practices of third-party distributors.
G. Should the author receive a legitimate contract offer from a traditional publishing house (Tor, Dorchester, Kensington, et all), Mojocastle Press is willing
to conditionally relinquish all rights even if the book is in circulation. Included in this protection is all versions of a particular title contracted by Mojocastle Press, even if later revised to suit the standards of a traditional publisher, in all stages of production. Mojocastle Press shall receive for this relinquishment a one-time discharge-of-rights fee of fifteen percent (15%) of any advance paid to the author for the book covered by this agreement. This clause does not apply to any direct competitors, such as small press or other e-publishers, and relinquishment requests for these will not be granted. A payment agreement will be signed and received, in addition to official notice from the publisher or agent, by Mojocastle Press prior to release of rights.
VIII. Miscellaneous
A. Whenever the term "author" refers to more than one person, i. e. co-authors, these persons shall be jointly and severally responsible for all aspects of
this contract.
B. If the publisher should file for bankruptcy or reorganization, or the publisher liquidates its business for any reason, the author may terminate this contract
within thirty (30) days by giving written notice through receipted mail. All rights granted by the author to the publisher will at that time revert back to the author.
C. Regardless of the place of its physical execution, this agreement shall be interpreted and governed in all respects by the laws of the United States of
America and internationally. This agreement shall be construed and enforced according to the laws of the State of Utah. Any action in regard to the contract or arising out of its terms and conditions shall be instituted and litigated in the courts of the State of Utah and in no other. In accordance, the parties submit to the jurisdiction of the courts of the State of Utah. If any part of this contract is determined by a Court to be unenforceable, the rest of the contract is still considered to be in force.
D. Entire Agreement - This contract hereby constitutes the entire agreement between the author and the publisher and may not be altered, terminated, or
amended except in writing executed by all parties named herein and the discretion of the publisher.
Printed Name of Author_______________________________________
Signature of Author __________________________________________
Date ___________________________
Printed Name of Publisher Representative _______________________________________
Signature of Publisher (Mojocastle Press) _______________________________________.
Mojocastle Press, LLC ('Publisher')
94 North 200 East
Price, Utah 84501
Phone: (435) 613-6398
Date_________________________________
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