Author Collaboration Agreement
THIS AGREEMENT by and between Lynda M West, President of Living Live Inc (aka Women Action Takers Publishing, aka Action Takers Publishing) hereafter referred to as “Publisher,” and [contributing author listed above] hereafter referred to as “Contributing Author,” hereafter, collectively, referred to as the “Parties” and whose contact addresses for purposes of this Agreement are as follows:
Contributing Author’s Name, Address, Phone, Email, Website [as listed above]:
Publisher’s Name, Address, Phone, Email are as follows:
Lynda M West, President, Living Live Inc, [address given upon request], (619) 733-7393, email@example.com.
The Parties are about to write in collaboration an anthology book, hereinafter referred to as the “Work” and with a working title [as listed above].
The Contributing Author is about to write one chapter as a contribution into “The Work,” of which the chapter is hereinafter referred to as the “Contributor’s Work.”
The following shall set forth our understanding with respect to our respective rights in The Work and the Contributor’s Work and the royalties and other considerations to which we may be entitled pursuant to said Agreement:
1. The Parties shall collaborate in the writing of The Work and upon completion thereof the copyright in The Work by mutual consent shall be secured and held in the sole name of Publisher.
2. Contributing Author has the right to use and/or copyright Contributor’s Work in any form at his or her sole discretion without permission from Publisher.
3. Publisher has the right to use Contributor’s Work PLUS The Work at Publisher’s discretion.
4. One week after publishing The Work, Publisher will distribute a PDF copy of The Work to all Contributing Authors. Contributing Author is permitted to offer a free or paid PDF version of The Work to his or her community with no renumeration due to Publisher or any other Contributing Author of The Work.
5. All monies, advances, proceeds, and other considerations which may become payable to us with respect to said Agreement and from the sale, lease, license, or other disposition of any and all rights in and to The Work now or which may hereafter come into existence shall be apportioned to a nonprofit organization decided upon by a majority of all contributors to The Work. The nonprofit will be selected once the chapters for the book have been filled.
6. It is expressly understood that all Contributing Authors are permitted to purchase Discounted Author Copies of The Work and sell The Work at whatever price they choose and retain 100% of the profits from their sale of The Work.
7. It is expressly understood that we hereunder do not intend to form a partnership company nor shall this agreement be construed to constitute the creation of such a business entity.
8. The authorship of The Work shall be and shall appear on The Work, and on any other material, including, but not limited to, advertising.
9. Each Party hereto warrants and represents to the other that any material written or provided by him or her in connection with The Work is not in any way a violation of a copyright or common law or right of privacy and that it contains nothing of a libelous or illegal character, and each party agrees to indemnify and hold the other harmless against any loss or damage arising out of a breach of any of the foregoing warranties and representations described in this clause.
10. Either Party may terminate this Agreement prior to completion of The Work, effective with the giving of written notice of termination, in the event that the other Party commits a material breach of its obligations, and the breach is not remedied within thirty (30) days of receipt of written notice of the breach requesting its remedy. The failure of a Party to enforce any provision of the Contract shall not constitute a waiver nor affect its right to enforce such and every other provision.
11. Each Party shall keep the other Party informed in a reasonable and timely manner in matters and required mutual decisions regarding The Work. Each Party shall respond to communications from the other Party regarding The Work and from others having an interest in The Work in a reasonable and timely manner so as not to harm or unreasonably delay the creation, sale, or other disposition of The Work.
12. It is further acknowledged and agreed that Living Live Inc aka Women Action Takers Publishing aka Action Takers Publishing shall be the exclusive agent or representation of the Parties for the purpose of sale or other disposition of The Work or any rights therein, until such agent or representation is terminated by the Parties, or ceases to represent The Work for any reason. In the absence of an agent or other representation, all said payments are to be made directly to the nonprofit selected by the Contributing Authors. If no agent or representation is available at the time of signing of this Agreement, the phrase “Representation information not available at the time of signing” shall be written in the space provided.
13. Expenses of any amount will be incurred solely by the Publisher.
14. All money or other consideration whatsoever derived from the sale or other disposition of The Work shall be applied as follows:
a. 100% of the net sales from The Work will be distributed to the nonprofit selected by the majority of the Contributing Authors.
15. This Agreement is for a one-time collaboration only and does not cover any sequels to The Work, which shall be subject to a new Agreement. Said new Agreement for any sequel shall take into account the shared copyright ownership of the material contained in the original Work.
16. The terms of this Agreement shall be in effect continuously with the life of The Work.
17. Notices by mail or email shall be addressed to each Party’s address or email address as given above, or to such other address as such Party may hereafter specify by notice duly given.
18. Each Party shall endeavor to keep the other informed of any change of contact information regarding this Agreement, but failure to do so, or in a timely manner, shall not affect the terms of this Agreement.
19. For purposes of convenience and expediency, Publisher shall be the primary spokesperson and contact point in matters regarding The Work and the publication process. Each Contributing Author shall keep the Publisher informed in a timely manner in matters and required mutual decisions regarding The Work.
20. The terms and conditions of this Agreement shall be binding and inure to the benefit of the executors, administrators, and successors of each of us. Our respective signatures herein below shall constitute this to be a complete and binding Agreement between us. This Agreement may not be assigned or modified by either party without the prior written consent of the other. Any of the terms and conditions of this Agreement may be modified by a written amendment signed by both Parties.
21. The Parties shall have the right to make known or reference the occurrence of this collaboration, even if sale, option, or other disposition of The Work does not occur. There is no time limit imposed in efforts to achieve the sale, option, or other disposition of the completed Work. This document, including any attachments and signed amendments, is the entire agreement between the Parties.
22. All sales are final, and the Publisher does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under this Agreement.
23. Unless expressly described otherwise in this Agreement, all prices are quoted as identified on Attachment “A.” Any discounts offered to Contributing Author shall be granted as agreed upon by and between Publisher and Contributing Author.
24. All payments shall be made in United States currency, within the agreed time period, unless specified otherwise on the invoice. Contributing Author shall not be entitled to suspend its payment obligations without express consent by Publisher.
25. If Contributing Author fails to make payment within the agreed time period, Contributing Author shall be in default by operation of law without any notice of default being required. The date reported on Publisher’s bank statements shall be deemed to constitute the effective date of payment.