Here is our sample publishing contract
Here is the sample contract that you will have to sign with our partner Echosign (powered by Adobe), before we can get started with your book.
Please DO NOT download and sign it, the whole process will happen online, and once signed by both parties you will automatically receive your official copy.
This sample is exclusively for information purpose:
writing under the pen name:
(hereinafter referred to as Author),
and: Yvan C. Goudard
publishing under the Label: “Rhetorical Ratatouille”, hereinafter referred to as Publisher.
enter into this Agreement, on the date specified with the signatures below, for the publication of a fiction or nonfiction story (“The Work”) written by Author. Intending to be legally bound, both parties mutually agree to the following terms and conditions:
- This Agreement is entered into in good faith. The signature of the Agreement by both parties along with submission by the Author of the text to be published indicates acceptance of the terms contained in this Agreement by all parties named in this Agreement.
- Author agrees to grant the Publisher the exclusive license to electronically and physically produce, sell, and promote electronic versions (commonly known as “eBooks” or “Electronic Books”) and printed versions of the works of fiction and/or non-fiction named in the submission, hereinafter known as The Work, worldwide.
- Author retains the right to publish excerpts or portions of the Work (20% of the story or less) for free promotional use on his or her personal web site, with no restriction upon the length of time the excerpt(s) may be posted.
- Author represents that the Work is his/her original work of fiction or nonfiction, and that he/she has the exclusive right to grant all rights herein. Author also represents that the Work is copyrighted, or is in the process of being copyrighted at the time of signing this Agreement. Author represents that they have not assigned or licensed the copyright on the Work to anyone, and that there is no existing contract regarding the Work or any aspect of it that has not been disclosed to Publisher. Whether the Work is fiction or nonfiction, Author represents that nothing in it is defamatory to any individual or entity and that nothing in it violates the trademark rights or discloses the trade secret information or confidential information of any individual or entity. If the Work is fictional, no actual person is named in it and no reference to any actual person is intended. If the work is nonfiction, any information stated in it about an actual person or entity is represented to be true by the Author on the basis of their direct personal knowledge. Should any statement in this paragraph prove to be false, Author agrees to indemnify and hold harmless Publisher against any and all legal claims.
- Author agrees to secure permission for use of any copyrighted materials incorporated in Author’s original work, and which is included in the Work covered by this Agreement.
- Publisher agrees to secure permission for use of any copyrighted material that will be added to the Work covered by this Agreement, and ensures that these added elements will not infringe on existing copyrights or the rights of others.
- Author will receive appropriate credit as Author of the Work or underlying Work under such name or pen name as they shall designate. If the Work was first published in printed book form, the prior book publisher will also receive appropriate credit, while the Author represents that there is no existing agreement with such prior book publisher that would prohibit or limit in any way their ability to enter into this contract.
- Author agrees to allow Publisher to perform minor script editing (abridgment of the text, sentence restructuring, correcting spelling and grammar errors, etc) without significantly changing the characters, plot or pertinent facts.
- Author has the right to request the modification of the final presentation before publication. Modification requests must be presented to the Publisher in the form of an e-mail transmission.
- Publisher agrees to pay Author royalties based on the following terms:
XX% of the net proceeds for each unit sold. Net profits shall be defined as the gross revenue received from all sources from the sale of the Work, minus the Publisher’s expenses of producing and distributing the electronic and/or physical book, as well as any required commissions, fees or taxes, including any sales, use, or value-added tax.NOTE: No royalties shall be paid on copies furnished free of charge to media reviewers, or for use in advertising or promotion of the Work. Royalties are paid on a yearly basis, along with a statement concerning gross revenues from sales. Royalty will be calculated in January for the previous year and paid no later than the 14th day of the following month via PayPal or any other electronic payment system the Publisher may have access to.
- Royalty payments shall continue for the duration of the copyright, and not beyond.
- Upon Author’s death or upon notification of the assignment of their rights to receive such royalties to another person or entity, royalties shall be paid to the Author’s legal heir(s) or designated beneficiary, and shall continue for the duration of the copyright, and not beyond.
- Publisher has the license to publish, promote, and distribute the Work as an electronic book and/or a printed book, for the full term of the Work’s copyright, provided that rights have not reverted to the author under the terms of this contract.
- If upon the expiration of 90 days from the date of first publication of the Work by Publisher or thereafter, the Work becomes unavailable in book format published by Publisher — or is not listed in the Publisher’s catalog of books available for sale — Author may give notice in writing instructing the Publisher to publish the Work and list it in Publisher’s catalog within 30 days of date of Publisher’s receipt of the notice.
- In the event of failure to comply with such notice all Publisher’s rights in the said Work shall revert to Author.
- If Author writes another work which is a sequel to the Work covered in this Agreement, using an identical theme and/or major characters that are contained in the Work covered by this Agreement, Publisher shall enjoy a right of first refusal to publish the subsequent work in book format, under mutually agreed-upon terms. Publisher must exercise this right of first refusal within 30 days of receiving the work from Author. If Publisher elects not to publish the subsequent work, Publisher relinquishes all claims on that subsequent work.
- This contract shall be for an term limited only by the length of the copyright. This contract may be terminated by mutual consent only, with a 90-day written e-mail notice, with acknowledged receipt, or pursuant to paragraph 16 above. All rights will revert to Author at the time of such termination.
- If Publisher does not publish the Work named in this Agreement in book format within six months of either this Agreement’s signing date or submission of the final Work and related elements by Author to Publisher, whichever is sooner, this Agreement is null and void.
- Publisher will endeavor to produce these books in a manner which reflects state-of-the-art industry standards, as these standards evolve.
- Publisher makes no promises or guarantees regarding estimated sales figures.
- In case Publisher and Author agree to publish a printed version of the book, they will be bound to the same terms of this contract as the electronic book form.
- Any changes in this Agreement must be in writing and signed by both parties.
- The Work is defined as per the following stories titles:
Thank you for taking the time to read.
If you have any question, feel free to contact us.
The Publishing Team