Free Publishing Agreement Creator - Create Online

PUBLISHING AGREEMENT

This Publishing Agreement (the “Agreement”) is entered into as of [Date], by and between Olivia Mason, residing at [Author's Address] ("Author"), and Beacon Books Inc., a corporation organized and existing under the laws of the United States, with its principal place of business located at [Publisher's Address] ("Publisher").

1. GRANT OF RIGHTS

1.1. Exclusive License

Subject to the terms and conditions of this Agreement, the Author hereby grants to the Publisher an exclusive, royalty-bearing license to reproduce, publish, distribute, and sell the Author's literary works as specified in Exhibit A hereto (the "Works") in book form, electronic format, or any other format as may be developed by the Publisher throughout the world during the Term (as defined in Section 8) and in any language ("Publication Rights").

1.2. Subsidiary Rights

Author also grants to Publisher the exclusive right and authority to sublicense the following rights within the same language as the original Works throughout the world: translation, audio, serialization, performance rights, abridgment and book club rights, and any other rights and opportunities authorized by the Publisher in writing ("Subsidiary Rights").

2. ROYALTIES

2.1. Royalty Rates

The Publisher shall pay to the Author the following royalties based on the actual net sales revenue received by the Publisher and attributable to the sales of the Works:

(a) For hardcover editions: ten percent (10%) of the publisher's actual net sales revenue for the first 5,000 copies sold, and twelve percent (12%) thereafter;

(b) For trade paperback and mass market editions: eight percent (8%) of the publisher's actual net sales revenue;

(c) For electronic editions: twenty-five percent (25%) of the publisher's actual net sales revenue received from the sale of electronic editions;

(d) For sublicensed Subsidiary Rights: fifty percent (50%) of any advance payments and net receipts received from the exercise of sublicensed rights.

3. PUBLICATION SCHEDULES

3.1. Publication Date

Subject to the Author's timely delivery of the completed Works, Publisher shall publish the Works within eighteen (18) months from the receipt of the completed manuscript. The actual publication date (“Publication Date”) shall be determined by the Publisher in consultation with the Author.

3.2. Delay in Delivery

In the event of any delay caused by the Author in the delivery of the completed Works, the Publisher shall have the right to postpone the publication accordingly.

4. WARRANTIES

4.1. Author's Warranties

The Author represents and warrants to the Publisher that: (a) the Author is the creator, sole owner, and copyright holder of the Works, and has the full power and authority necessary to enter into and perform this Agreement; (b) all parts of the Works are original, unpublished, and not in the public domain, unless clearly specified as such; (c) the Works do not infringe upon any copyright or any other proprietary right or violate any right of privacy or defamation under any applicable law; (d) the Works do not contain any obscene, offensive, or defamatory material; and (e) the Author will promptly notify Publisher of any circumstances that may affect the Author's warranties contained herein.

5. INDEMNIFICATION

5.1. Author's Indemnification

The Author shall indemnify, defend, and hold harmless the Publisher, its officers, directors, employees, and agents from and against any and all losses, claims, damages, liabilities, suits, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any breach of the Author's warranties under Section 4 or any other provision of this Agreement.

6. EDITORIAL CONTROL AND COPYRIGHT

6.1. Editorial Control

Publisher shall have the right to edit, revise, and prepare the Works for publication and to make any changes to the Works necessary in the Publisher's discretion to comply with the standards of publication, subject to the Author's prior written approval.

6.2. Copyright Notices

Publisher shall insert proper copyright notice on the Works using the name of the Author, in compliance with the requirements of U.S. Copyright Law.

7. PROMOTION AND DISTRIBUTION

7.1. Publisher's Obligations

Publisher shall promote, advertise, and distribute the Works in a manner consistent with the Publisher's customary practices. Publisher shall have the right to determine the format, design, production, advertising, publicity, and distribution for the Works, including the scope of territorial distribution and the number of copies to be printed.

7.2. Author Copies

Author shall receive ten (10) free copies of the Works upon publication, and shall have the right to purchase additional copies at a discount of fifty percent (50%) from the retail price, for the Author's personal use and not for purposes of resale.

8. TERM AND TERMINATION

8.1. Term

This Agreement shall commence on the date first above written and shall continue until the date that is ten (10) years from the Publication Date, unless otherwise terminated as provided herein ("Term").

8.2. Termination

Either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within sixty (60) days after receipt of written notice thereof from the non-breaching party.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1. Governing Law

This Agreement shall be governed by and construed under the laws of the United States without regard to its conflicts of laws principles.

9.2. Dispute Resolution

Any disputes arising under or in connection with this Agreement shall be resolved through good-faith negotiation between the parties, and in the event they are unable to resolve their disputes, the parties shall submit to binding arbitration in accordance with the rules of the American Arbitration Association.

10. MISCELLANEOUS

10.1. Integration

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written.

10.2. Amendment

This Agreement may only be modified in writing signed by both parties.

10.3. Assignment

Neither party may assign this Agreement or any rights thereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld.

10.4. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

10.5. Notices

All notices, requests, and other communications hereunder shall be in writing and shall be delivered by hand, overnight courier, email, or sent by certified or registered mail, postage prepaid, return receipt requested, to the addresses set forth at the beginning of this Agreement, or such other address as either party may designate by notice to the other.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

___________________________

Olivia Mason

Author

___________________________

Beacon Books Inc.

Publisher

EXHIBIT A – LITERARY WORKS

[Description of the Literary Works]