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Living Waters Publishing Company Contract Living Waters Publishing Company Contract This publishing contract, the "contract", is entered into as of ______________________[Contract.CreatedDate] by and between Living Waters Publishing, the "Publisher", and ___________________________________ [Author.Name], the "Author". This publishing contract governs the publication of the work(s) listed below: 1. Grant of Rights a. The Author grants the Publisher full right and title to the following, in perpetuity: The right to publish, sell, and profit from the listed works in all languages and formats in existence today and at any point in the future. To create or devise modified, abridged, or derivative works based on the works listed. To allow others to use the listed works at their discretion, without providing additional compensation to the Author. These rights are granted by the Author on behalf of him/herself and their successors, heirs, executors, and any other party who may attempt to lay claim to these rights at any point now or in the future. b. Any rights not granted to the Publisher above remain with the Author. c. The rights granted to the Publisher by the Author shall not be constrained by geographic territories and are considered global in nature. d. The right of first refusal as to any sequel, revision, or republication of the work. During the period of this agreement, and for five (5) years thereafter, except in the case of termination in accordance with paragraph 17 herein, the Author shall not submit any sequel, revision, or republication of the Work to other publishers, nor seek offers from nor negotiate with others, with respect thereto until first offering said work to the Publisher. After submission of said proposed sequel, revision, or republication, the Publisher shall have thirty (30) days to determine whether to publish the said next work; if so, the parties shall negotiate in good faith the terms of the publishing agreement. If the parties are unable to reach agreement before the thirty (30) days shall expire, then the Author shall be free to offer the said sequel, revision, or republication to others, but only on terms more favorable than those offered by the Publisher. The Author shall notify the Publisher in writing of such offer, and all particulars, within seven (7) days of the receipt of said offer, and the Publisher shall have the right for thirty (30) days to match said offer of any other publisher. e. To use or license others to use the approved name, likeness, and biography of the Author, the work and the title of the work, in whole or in part, or any adaptation thereof as the basis for trademark or trade name for other products or for any other commercial use in connection with such other products. 2. Author Compensation, Publisher Compensation, and Royalties a. The author will receive 100% royalties from all sales of the book. b. The only fees the author is to pay are the fees that cover labor and administrative costs according to the package they have selected. c. There is a required deposit of 50% of total fees in order to begin the publishing process. 3. Manuscripts a. The Author agrees to deliver a completed manuscript in [Manuscript.Language], the "Manuscript" to the Publisher no later than [Manuscript.DueDate]. The Manuscript may be delivered via certified mail or email in printed or digital format. Additionally, the Author shall deliver all artwork, prefaces, references, acknowledgments, and other "frontmatter" or "backmatter" at a date to be determined by the Publisher. Should the Publisher deem any delivered material to be unacceptable for any reason, the Author shall be granted a period of time (to be determined by the Publisher) to correct such defects. If the Author fails to correct defects in the time granted, the Publisher reserves the right to cancel this book publishing contract with cause. Should the Author fail to deliver the manuscript within thirty (30) days after the above date, or if any manuscript that is delivered is not, in the Publisher’s judgment, satisfactory, the Publisher shall give the Author written notice describing such failure and permit the Author to cure this defect within thirty (30) days of that notice. If the Author fails to do so, the Publisher may have the option to terminate this agreement by giving written notice. b. Permission for Copyrighted Material: If the Author incorporates in the work copyrighted material, the author shall procure, at their expense, written permission to reprint it. 4. Publication a. The Publisher shall have the exclusive right to edit or modify the delivered materials at their discretion prior to publication. However, the Author shall have the right to review any modifications and grant approval prior to publication. While the Author shall have the right to review and approve and changes to content, the work's format, cover design, and final artwork, the Publisher shall retain full right to manufacture, distribute, market, and sell the completed work as they deem necessary. The Publisher agrees to provide page proofs of the material prior to publication. These proofs shall include all content, including artwork. The author agrees to review and return these proofs to the Publisher within 30 days. If the Author makes or requests changes to the content aside from typographical errors in excess of 5% of the typesetting cost, then the Author agrees to pay such costs to the Publisher. The Publisher agrees that the works covered under this book publishing contract will be published within one year of delivery of the initial manuscript. b. The Publisher agrees to consult with the Author regarding marketing the published works but reserves the right to make final decisions regarding sales and marketing of the works. The Author grants the Publisher the right to use the Author's name and likeness as they see fit for marketing purposes. c. Conflicting Publication: The Author agrees that until termination of this agreement, she will not, without the written permission of the Publisher, publish or permit to be published any book that is directly competitive with the work. The Author does have the right to publish and distribute training manuals that support her seminar. d. Date, Style, and Price of Publication: The Publisher shall publish the work at its own expense, in such style and manner, under such imprint and at such price as it deems suitable by [date]. The Publisher shall not be responsible for delays caused by any circumstance beyond its control. In no event shall the Publisher be obligated to publish a work which, in its opinion, violates the common-law or statutory copyright or the right of privacy of any person or contains libelous or obscene matter. The Publisher shall consult with the Author on the design of the book and the cover. The Publisher shall have final approval. e. Proofreading and Author’s Corrections: The Author agrees to read, revise, correct, and return promptly all proofs of the work and to pay in cash or, at the option of the Publisher, to have charged against him the cost of alterations, in type or in plates, required by the Author, other than those due to the printer’s or the Publisher’s errors, in excess of ten percent (10 percent) of the cost of setting type, provided a statement of these charges is sent to the Author within thirty (30) days of the receipt of the printer’s bills and the corrected proofs are presented upon request for his inspection. 5. Copyright a. The Publisher shall include a copyright notice in the Author's name on all published copies of the works in accordance with United States copyright regulations 6. Accounting a. The Publisher shall provide the Author with a quarterly statement detailing net copies sold and net revenues after publication of the works, along with quarterly royalty payments in accordance with the terms of this book publishing contract. Reports and payments shall be delivered to the Author by the Publisher no later than the final business day of each calendar quarter on an ongoing basis. 7. Warranties & Indemnity a. The Author warrants that the works governed by this book publishing contract are their sole intellectual property, that no other similar agreements governing these works exist, and that the works are not in the public domain. Additionally, the Author warrants that the works do not infringe on copyrights, trademarks, or other intellectual rights of any third parties. If the works governed by this book publishing contract contain statements presented as fact, the Author warrants that such statements are true and accurate. Furthermore, the Author agrees to refrain from entering into agreements with third parties that conflict with the terms of this book publishing contract. b. In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, (i) the Publisher shall have the right to defend the same through counsel of its own choosing, and (ii) no settlement shall be effected without the prior written consent of the Author, which consent shall not unreasonably be withheld, and (iii) the Author shall hold harmless the Publisher, any seller of the work, and any licensee of a subsidiary right in the work, against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the Author’s indemnity hereunder shall be limited to fifty percent (50 percent) of the expense (including reasonable counsel fees) attributable to such defense or settlement; however, such limitation of liability shall not apply if the claim, action, or proceeding is based on copyright infringement. c. If any such claim, action, or proceeding is instituted, the Publisher shall promptly notify the Author, who shall fully cooperate and shall have the right but not the obligation to participate in the defense thereof, and the Publisher may withhold payments of reasonable amounts due her under this or any other agreement between the parties.
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