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And Burning Chair Limited AGREEMENT BETWEEN BURNING CHAIR LIMITED AND [AUTHOR] Dear [AUTHOR] Your Publishing Agreement with Burning Chair Limited The following pages contain your publishing agreement with Burning Chair Limited (“Burning Chair”) in relation to your book: “[TITLE]”. Please read it carefully. This is a legally binding document and so we strongly recommend that you take legal advice before signing. For ease of reference, we set out below the key terms of this agreement. Please note that the following bullet points are intended to be illustrative of the main agreement in the interests of clarity. You should still make sure you read and understand the main agreement. If there is any conflict between the below and the main agreement, the main agreement will take precedence. • The preamble states that this deal specifically only refers to your book, provisionally titled “[TITLE]” (“the book”). You are not tied to Burning Chair for any other past or future works, unless you separately agree to do so. • Rights granted. You agree that Burning Chair has sole and exclusive rights to produce, publish and distribute your book – worldwide and in the English language in eBook, paperback and audiobook formats (clause 1). If someone else infringes copyright in the book, Burning Chair can pursue them on your behalf (with Burning Chair covering the costs of doing so) (Clause 16). • Length. This agreement is for a minimum of 12 (twelve) years (clause 1.1). At the end of this period, this agreement will continue until either you or Burning Chair terminate it by giving three months’ notice in writing (clause 19.2). • Copyright. It is important to note that you, the author, at all times keep copyright in the work (clause 15) – you are just granting Burning Chair the exclusive right to publish and distribute the book. • Your Commitments. You agree to provide the book in a suitable, agreed format, in line with a due date which we will agree with you (Clauses 2 and 3). • You will not do anything to harm the sales of the book, for instance by publishing separately something which takes away from book sales (Clause 4). • You confirm to Burning Chair that the book is your own work, you hold full copyright in it, and it does not contravene anyone else’s rights (e.g. you haven’t plagiarised someone else’s work). If someone else’s work is used as a part of your book (e.g. an extensive quote), you are responsible for getting their permission (Clauses 5 and 7). • Our Commitments. Unless we otherwise agree with you (e.g. because it would be better from a marketing perspective to delay in order to hit certain dates), Burning Chair will publish the book within three months of receiving your book in its final form (Clause 6). • Burning Chair will produce and promote the book, but you will be involved and consulted throughout – in particular in relation to the cover art and final version of the book itself. Both you and Burning Chair are allowed to make available a maximum of 20% of the book’s text for publicity and promotion purposes. This is primarily because Amazon’s “Look Inside” feature automatically displays up to 20% of all books on their website free of charge (Clause 9.2). • Royalties. Burning Chair will pay you royalties of 40% of net amounts received on all sales (Clause 11). “Net amounts received” means the retail price less discounts, delivery costs or other commissions taken by retailers / distributors. You will be paid royalties quarterly and will get a statement of exactly what has been sold and how your royalties are calculated (Clause 13). As well as distributors, we will use rights 1 of 12 AGREEMENT BETWEEN BURNING CHAIR LIMITED AND [AUTHOR] collection agencies to collect royalties (e.g. in relation to libraries, photocopying, etc.) – this income will also be shared with you in line with the above (Clause 12). • Author Copies. You will get five copies of the paperback format, and one copy of the ebook and any other electronic formats, free of charge: and can purchase additional copies for personal use at cost price. • Termination. The contract terminates if either party breaches the agreement, or if notice is given after the end of the minimum twelve-year term, or if Burning Chair becomes subject to insolvency proceedings. If this happens, all rights in the book revert to you as author, as long as any money due by you to Burning Chair has been paid (Clauses 19 and 20). • Disputes. If there are any disputes, we will firstly try to settle informally via an agreed tribunal. Failing this, we both agree that the English courts have jurisdiction over this agreement (Clause 22). If you have any questions or concerns, please do not hesitate to contact us: Pete Oxley – [email protected] – 07956 089 614 Simon Finnie – [email protected] – 07540 771 057 2 of 12 AGREEMENT BETWEEN BURNING CHAIR LIMITED AND [AUTHOR] Agreement between [AUTHOR] and Burning Chair Limited MEMORANDUM OF AGREEMENT executed as a deed this [ ] day of [ ] 2019 between [AUTHOR] of , email [EMAIL ADDRESS] (hereinafter termed ‘the Author’, which expression shall, where the context admits, include the Author’s executors, administrators and assigns) of the one part and Burning Chair Limited of 61 Bridge Street, Kington HR5 3DJ (hereinafter termed ‘the Publishers’, which expression shall where the context admits include any publishing imprint subsidiary to or associated with the Publishers, and the Publishers’ assigns or successors in business) of the other part WHEREBY it is mutually agreed concerning a work original to the Author and provisionally entitled: “[TITLE]” (hereinafter termed ‘the Work’). For the avoidance of doubt, the Work includes any amendments, revisions and updates made by the Author or the Publisher to the Work pursuant to this Agreement. 1. Rights Granted 1.1 Subject to the terms and conditions herein contained, the Author hereby grants to the Publishers on a worldwide basis the exclusive right and licence to produce, reproduce, exploit, publish, communicate, make available and sell and themselves further to license the production, reproduction, exploitation, publication, communication, making available and sale of the Work or any adaptation or any abridgement of the Work or any substantial part of the Work: in volume form, which shall include the sole and exclusive right to publish the Work: as an electronic book, that is, using any means of manufacture, distribution or transmission of the Work, whether now known or hereafter known or developed (including but not limited to electronic and machine-readable media and online and satellite-based transmission) intended to make the Work or any part thereof available for reading (‘Electronic Book Rights’) whether with or without enrichments and enhancements (save as such enrichments and enhancements may interfere with any rights reserved by the Author); in paperback form; and in undramatised audio form (whether by means of a recording or recordings of the Work as a physical copy, as a digital download copy or by any other means of manufacture, distribution or transmission, whether now known or hereafter known or developed (including but not limited to electronic and machine-readable media and online and satellite-based transmission) intended to make the Work or any part thereof available for listening) (‘Audio Recordings’); and in the other forms specifically included under this Agreement in the English language for a minimum period of twelve (12) years from the date of this agreement and any and all extensions, renewals and revivals thereof throughout the world. The licence hereby granted is granted by the Author to the Publisher for the duration of the Agreement (i.e. until the Agreement is terminated by the Publisher in accordance with Clause 19) and, where the Agreement is terminated by the Publisher or the Author in accordance with Clauses 19.1 or 19.3, the licence shall carry on for a period of three months thereafter, and terminate on completion of that three month period following the event of termination. 1.2 Except as permitted in law, all rights not granted to the Publishers under this Agreement (and Public Lending Right) are reserved by the Author. The Author will not exercise or authorise any party to exploit any reserved right in a way that will impair the value of any of the rights granted to the Publishers under this Agreement. 2. Delivery of the Work 2.1 The Author shall deliver an Acceptable Typescript (as defined in Clause 3), text permissions (where applicable, as specified in Clause 7) and illustrative material with relevant 3 of 12 AGREEMENT BETWEEN BURNING CHAIR LIMITED AND [AUTHOR] permissions (where applicable, as specified in Clause 8) by [DATE]. The Author agrees to retain an additional copy of all material delivered. 2.2 Should the Author fail to deliver an Acceptable Typescript and the other material specified in Clause 2.1 by the due date or by such other date as may be agreed by the Publishers in writing, the Publishers may decline to publish the Work. If the Publishers so decline, the Publishers may terminate this Agreement on written notice. Any termination shall be subject to the proviso that the Author shall not be at liberty to publish the Work or a work substantially the same as the Work elsewhere after its completion without having first offered it to the Publishers on the terms of this Agreement. 2.3 All materials for the Work supplied by the Author shall be returned to the Author after publication if he/she so requests in writing. The Publishers shall take due care of such materials while they are in the Publishers’ possession but the Publishers shall not be responsible for any loss thereof or damage thereto.
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