This agreement is between XXX XXXXXX, herinafter known as the Author
and Donald R. Hoflin, hereinafter known as the Publisher.
1. The Author hereby grants to the Publisher the sole and exclusive right
to manufacture, publish, and sell, in such manner and form and under such
imprint as the Publisher may deem advisable, copies of the book XXXXXXXXXXX,
hereinafter referred to as the Work. Copyright to be that of the Author,
who assumes responsibility for copyrighting said work.
2. The Author represents and warrants that she is the sole owner of the
rights herein granted and that said rights are not subject to any prior
agreement, lien, or other rights which may interfere with the Publisher's
exercise thereof. The Author further warrants that the Work contains no
libelous, obscene, plagiarized, or other unlawful matter, and that it in
no way infringes upon the copyright or violates any other rights of any
person or party whatsoever. Author agrees to indemnify and hold the Publisher
harmless against any claim, demand, suit, action, proceeding, prosecution
or judgement including all reasonable expenses, losses, fines, penalties,
court costs, attorneys' fee, and liabilities suffered or incurren in connection
therewith. In defending any such claim, demand, suit, action, proceeding
or prosecution, the Publisher shall have the right to select cousel.
3. The Publisher agrees to pay the Author at the rate of 10% of the total
realized price on all copies actually sold, except any copies, if any, sold
below cost. No royalties are to be paid on copies furnished gratis or otherwise
purchased by the Author, damaged copies, copies given away as complimentary,
unsold copies, or copies sold below cost. Publisher will furnish the Author
with an annual statement of copies sold and royalties due along with payment
for same, except if sales of the book fall below 200 per year, in which
case a statement will not be issued until the cumulative new sales reach
200 or more copies.
4. Publisher to furnish Author 3 copies of the Work as soon as it is published.
Publisher to publish the Work within 1 year of acceptance of this agreement.
5. In the event Publisher fails to keep the Work in print for any continuous
2 year period, Author may request release from this agreement and all rights
to the Work will revert to the Author.
6. The Publisher shall not be responsible for delay or failure in performance
caused by war, riot, strikes, fires, floods, acts of God, governmental restrictions,
shortage or interruption of manufacturing facilities or materials supply
or other similar or dissimilar circumstances beyond its control.
7. The Author may purchase copies of the Work from the Publisher at 40%
off retail list price plus shipping.
8. Author agrees to do the final proof of the Work before printing in a
reasonable length of time.