World Castle Publishing, LLC

PO Box 10652

Pensacola, FL 32524

Phone: 855-390-8234   Fax 866-305-2632

PUBLISHING CONTRACT

 

This publishing agreement is entered into and effective on the date signed by both parties, initialized between Author Name writing as Pen Name herein called the Author, and World Castle Publishing, LLC herein called the Publisher, for Title herein called the work.

Grant of Publisher rights.

The Author, on behalf of himself, heir, executors, administrators, successors, and assignees, grants the following exclusive worldwide rights to the Publisher to produce, publish, and sell in entertainment, such as movie and TV rights, e-book and print (paperback) formats such as, i-pod, lit, html, PDF, e-book on CD (print and/or audio) etc., and paperback book form, including any e-book formats invented while this contract is in effect. These are global rights including international sales. Should the Author wish their books to be translated into other languages, they may petition Publisher for print rights in a language other than English, as long as Publisher is not offering titles in another language. Should Publisher later add foreign language options to the titles, any Title already being printed in a language other than English will not be impacted, only Titles not under special agreement.

Author warranties

A.      The Author hereby represents and warrants to the Publisher the following:

1.       She/he (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.

2.       The work is original and no part of the work was taken from or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.

3.       The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or statutory law.

4.       The work does not contain any material of a libelous or obscene nature.

5.       The work is not the public domain, and has not been published in any format with any company that may still own such rights to the work.

6.       The Author holds the power of 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 been reverted to her/him. As an addendum to this agreement the Author shall provide a written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary right to the work, along with documentation from the previous publisher stating that all rights belong to the Author.

8.       If a judgment is obtained against the Publisher for usurping rights still controlled by a Publisher or other entity other than the Publisher or the Author, the Author agrees to hold the Publisher harmless and to indemnify the Publisher for damages and costs. If the Publisher prevails against a suing party or resolves the matter by an out of court settlement, the Author will be liable to indemnify the Publisher for defense and settlement cost.

B.      Author Agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright or proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work.

C.      Author warrants and represents that to the best of Author’s knowledge and belief, all statements of fact contained in the work are true and based on appropriate and diligent research. A note may be added to the work to show proof of research completed if Author so desires.

D.      Author warrants that she/he 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.

E.       Should this title be part of a series, Author guarantees Publisher first option on the rest of the series, or on any titles in which the characters appear.

F.       If Publisher requests re-writes of the Author, Author guarantees prompt responses to all correspondence, either electronic or paper. If a re-write deadline is give and Author does not acknowledge the deadline within three (3) days, or keep the deadline, this contract may be terminated.

Manuscript

A.    Author agrees to deliver to the Publisher the completed work requested on or before (Date) in the format agreed upon by the Publisher, executive director, and Author. Should Author wish to make any changes to the Work, it should be done prior to the due date. Author further understands that Publisher will endeavor to release the Work within six (6) months of receipt, but it may take up to fourteen (14) months of receipt, possibly longer if re-writes are requested of the Author.

B.    Author shall, at the time of submission of final work, include written Authorizations or permissions for the use of any copyrighted or other proprietary material that appears in the work, including but not limited to art, illustrations or quotes. These Authorizations and permissions shall be obtained at the Authors own expense.

C.    Publisher reserves the right of final approval on revised final work submissions. Author shall be notified of such acceptance of revised work.

D.     Author is responsible for maintaining backup copies of work.

E.   Publisher reserves the right to reject the work and terminate this contract if Author fails to meet deadlines, if work does not meet Publishers minimum standard of quality, or if Author fails to do the required revisions.

F.     Publisher retains the right to edit and revise work for any and all uses described under the contract, provided that Author’s original concept of work is not materially altered without Author’s agreement. Author understands such changes are necessary for the overall improvement of work.

G.      Publisher will provide the cover art without approval of the Author. The Publisher will be the sole decision maker on the cover. The cover will be made one time and no revisions will be made to it unless there is a mistake in the title of the book or the Author’s name. At that time, the Author may contact the Publisher for those changes to be made. No other reason will be accepted. Should the Author desire to have a cover done outside of the Publisher’s company, the Author will incur all expenses for said cover art and will provide the Publisher with a copy in JPG high resolution format, as well as the artist’s name. Author will be required to sign a cover art waiver.

H.      Publisher has final approval of the title of the book. The title you chose will be used unless there is another book with that same title listed with the Publisher, and then a change will have to be made. The Author will have the first chance to change it.

I.        Publisher will prepare the work for formatting. Author understands that the formatting the book is received in will not be used for the final work. A change of formatting may include margins, overall size, fonts, etc.

J.        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. Publisher has the right of final approval of Author’s manuscript. Publisher will distribute the book where the Publisher deems appropriate such as Amazon Kindle, Amazon (paperback), Lightning Source, and anywhere else that Publisher decides during the term of the contract. Publisher also reserves the right to advertise anywhere the Publisher deems appropriate such as: MySpace, YouTube, forums, groups, review sites, magazines, Amazon, etc…

K.      The Publisher has the right to contract with distributors, bookstores, vendors, organizations and/or outlets of books to sell the work within the Publisher’s name. For all sales through these outlets, the Author will be compensated royalty of the sale price to outlet, less any handling costs or discounts charged by the outlet. The Author may only contact booksellers in regards to promoting their own works (book signings, leaving bookmarks, etc.). Author does not have the authority to enter into any agreements on behalf of the Publisher.

L.       The Publisher holds the right to set the price of the work, put said work on sale, lower the price of the work if it is not selling copies. If the title has not sold any copies in (1) one month, the Publisher will automatically lower the price of the book. If at the end of (3) three months no copies have sold, the Publisher has the right to remove the work and void this contract, at which time all rights would revert to the Author.

Royalties

A.      Royalties shall be paid quarterly within (30) thirty days following the end of the quarter (January through March payments will be sent in April; April through June payments will be sent in July; July through September payments will be sent in October; October through December payments will be sent in January) by a written check generated on-line with the bank. The checks will be mailed no later than the 25th of the payment month, if the royalty is $10.00 or greater. If payment is not received for the last month of the quarter from outside retailers, a payment will be sent on the amount the Publisher has already received and the last month will be added to your next statement. Royalties for e-book are 40% of what the publisher receives. Royalties for print are 40% of what the publisher receives.

B.      Statements will be emailed to the Author by the 20th of each quarter. It is the Author’s responsibility to keep up with statements for tax purposes.

C.      No royalties will be paid on any copies of the book sent for reviews, promotional purposes, advertising, or other similar purposes. No royalties will be paid on returned books. If sales in any calendar year are under $600, the Publisher may issue a 1099 at its own discretion. Payment of taxes on royalties is the sole responsibility of the Author whether or not a 1099 is issued. If a 1099 is not issued the quarterly/monthly statements can be used for tax purposes on the Author’s behalf.

D.      The Author is responsible for giving the Publisher any change of addresses, both email and postal mail, that they may have. This could cause statements and payments to be lost or late. If the Author does not provide the Publisher with this information in a timely fashion, the Publisher is not responsible for late or missing payments due to an incorrect address.         


Advertising

 

A.      The Publisher reserves the right to advertise however they deem appropriate.

B.      Authors are required to maintain a website. Free websites are available so this can be done at no cost to the Author. They may use the first three (3) chapters of their work, not to exceed thirty (30) pages of the final formatted and edited product, on their website in order to promote their book. If their work is a short story, they may use the first chapter, not to exceed five (5) pages, on their website in order to promote their book.

C.      A change of title of the work does not void this contract.

D.      The Author agrees to self-promote this book to the best of his/her ability. Author understands without self-promotion, their work may not sell as well, if at all, as it would with self-promotion.

E.       Author understands that the Publisher will submit their Work to various places for reviews. A review is free advertising and gives the Author feedback on their book or writing style. Author understands that not all reviews will be positive or as high a rating as they wish. Further, Author should also submit their work to review sites.

 

Terms of Contract

 

The contract will be for (2) two years from the publication release date of the manuscript. At the end of the contract term, it may be renewed for an additional (2) two years if both parties are in agreement. If the Author wishes the contract to continue, Author needs to contact the Publisher, in writing, at least (30) thirty days prior to the expiration of the contract.

 

The Publisher reserves the right to pull the title and terminate the contract at no cost to the Publisher or Author if no sales have been made within (3) three months of the release of the title. The Author will be notified if such a decision is made and all rights will automatically revert to the Author. Any title under 40,000 words will be released in e-book only. Any title over 40,000 words will be released in e-book and trade paperback.

 

The Author may petition the Publisher to terminate the contract at any time during the term of the contract, but it will cost the Author $350.00 for editing and formatting, and $100.00 for the cover art making the total fee Four Hundred Fifty Dollars ($450.00) to terminate this contract before the two (2) years has ended.

 

If for any reason the Publisher files bankruptcy, goes out of business or decides to no longer be in business, the contract will be void and all rights will revert back to the Author. Should the Publisher go through a name change or a change in ownership, all contract terms will stand.

 

Blurbs & Back Cover

 

The Author is responsible for submitting a blurb, or back cover text to the Publisher. The Publisher has the final say on this blurb. The Publisher reserves the right to either use the blurb the Author has submitted or use the one that the Publisher deems appropriate. The blurbs are due to the Publisher within two (2) weeks of the contract.

 

Book Title:________________________________________________________________________________

 

Author:______________________________________________________________(Full Name as on SS Card)

 

Address:__________________________________________________________________________________

 

City, State, Zip_____________________________________________________________________________

 

Phone Number:_____________________________________________________________________________

 

Email Address:_____________________________________________________________________________

 

SS# or Tax ID#_____________________________________________________________________________

 

By signing this contract, I agree that I have read or had read to me the contents of this agreement and do hereby accept all the terms and agreements within this contract.

 

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Author                                                                        Date

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World Castle Publishing, LLC                                   Date

Karen Fuller

 

 

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