COLLABORATIVE AUTHOR AGREEMENT
THIS AGREEMENT is by and between Lynda M West, President of Action Takers Publishing Inc, hereafter referred to as “Publisher” and [Collaborative Author listed above] hereafter referred to as “Collaborative Author,” hereafter, collectively, referred to as the “Parties.” Publisher’s contact information is listed below:
Publisher’s Name, Address, Phone, Email are as follows:
Lynda M West, President, Action Takers Publishing Inc, [address given upon request], +1 (619) 733-7393, lynda@actiontakerspublishing.com.
The Parties are about to write in collaboration an anthology book, hereinafter referred to as “The Work,” and with a working title stated above.
Definitions:
“The Work” - The Work is the book.
“Material Breach” - a material breach of this contract would be the failure of either the Publisher or the Curator to fulfill the expectations for delivery of service that Collaborative Author has invested money to receive based upon the investment level selected at the time of enrollment and purchase of placement in the Work.
“Cause” - actions or inactions by either of the Parties that result in material damage to any of the other Parties.
“Termination” - means to end the contract prior to it being fully performed by the Parties.
“The Curator” is about to compile an Anthology, hereinafter referred to as ‘The Work,” with contributions of one chapter from each Collaborative Author.
The Collaborative Author is about to write one chapter as a contribution into “The Work,” of which the chapter is hereinafter referred to as the “Collaborator’s Work.”
The following shall set forth our understanding with respect to our respective rights in The 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 Curator.
2. Collaborative Author has the right to use and/or copyright Collaborator’s Submission in any form at his or her sole discretion without permission from Publisher after seven (7) days of The Work being published.
3. Publisher has the right to use Collaborator’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 Collaborative Author. Collaborative Author is permitted to offer a free or paid PDF version of The Work to his or her community with no remuneration due to Publisher or any other Collaborative Author of The Work.
5. It is expressly understood that all Collaborative Authors are permitted to purchase Discounted Paperback Author Copies of The Work directly from the Publisher and are permitted to sell The Work at whatever price they choose and retain 100% of the net profits from their sale of The Work.
6. It is expressly understood that Publisher and Collaborative Author hereunder do not intend to form a partnership company, nor shall this agreement be construed to constitute the creation of such a business entity and none of the Parties is an employee or an Independent Contractor of the other.
7. The authorship of The Work shall be and shall appear on The Work, and on any other material, including, but not limited to, advertising.
8. 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.
9. Each Party may terminate this Agreement prior to completion of The Work, effective with the giving of written notice of termination, only 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. There are no refunds for termination by Collaborative Author without written notice of termination due to a material breach and the opportunity for Publisher to 30-day right to remedy breach. There are no refunds for termination that is not due to a Material Breach by Publisher and Publisher may retain and utilize any work product provided by Collaborative Author, meaning if the Collaborative Author walks away from the project prior to completion and publication of the Work, Collaborative Author will not be entitled to any refund for placement in the Work.
10. 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.
11. Expenses of any amount will be incurred solely by the Publisher.
12. All proceeds from the sale of any and all rights in and to The Work by Publisher now or which may hereafter come into existence shall be apportioned in accordance with paragraph 13 below.
13. 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 a nonprofit organization determined by Publisher.
14. It is further acknowledged and agreed that Publisher shall be the 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.
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 for 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.
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 the Parties. 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 all 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.