AGREEMENT BETWEEN PUBLISHER AND AUTHOR

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Samples legal papers
March 14, 2023

AGREEMENT BETWEEN PUBLISHER AND AUTHOR

THIS AGREEMENT (hereinafter, “this Agreement”), effective as of [DATE], is made and entered into by and between [NAME OF PUBLISHING COMPANY], of [ADDRESS] (hereinafter “the Company”), and [NAME] of address [ADDRESS] (hereinafter, “Author”).

Whereas, Company has a need for potential authors; and

Whereas, Author has an interest in writing poems for publishing by the Company; and

Whereas, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be provided;

Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:

  1. AUTHOR’S OBLIGATIONS
    1. The author must submit a poem that has NOT been published in any other public works. This includes but not limited to e-books, published books, other anthologies, or even their social media.
    1. While fulfilling their duty under this Agreement, the Author agrees to respect Intellectual Property laws. The Author agrees to avoid any conduct that may infringe the Intellectual Property rights of the Company or any other person.
    1. The Author still retains his/her rights to the poem and grants permission for it to be published in the Company’s book. Author will be credited for the published work as well as any other advertising that is in relation to the work.
    1. Author shall submit a short bio to be placed in the book (include full name, Instagram handle, and or/website).
    1. Every poem should have only one Author. The Author must agree to the terms of the word count provided by the Company.
    1. Author must submit their poem properly and before deadline.
    1. Author must ensure that their full name and their email address are correct.
    1. Author must pay an entrance fee of $ ____________. The entrance fee stated will go towards a charity. It is therefore non-refundable/ non-negotiable and shall survive termination of this agreement.
    1. Authors are encouraged to inform other people that they will be part of the anthology. They may NOT reveal the details or content before the book is launched unless with a written permission from the Company.
  2. COMPANY’S OBLIGATIONS
    1. Upon request from Author, Company will make a one-time compensation payment. Payout is $20CDN via PayPal. Author must ask before signing off to claim.
    1. The Author will be contacted by the Company on updates, release dates, any changes or anything that requires their direct attention.
  3. INTELLECTUAL PROPERTY RIGHTS
    1. Retained Rights. Each party will retain all right, title, and interest in and to its own Pre‐Existing Intellectual Property irrespective of any disclosure of such Pre‐Existing Intellectual Property to the other party, subject to any licenses granted herein.
    1. Pre‐Existing Intellectual Property. Author will not use any Author’s or third party Pre‐ Existing Intellectual Property in connection with this Contract.
  4.  CONFIDENTIALITY
    1. Confidential Information. For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by Author hereunder). Confidential Information does not include:
  5. Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
  6. Generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade;
  7. Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;
  8. Information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
  9. Information the Receiving Party develops independent of any information originating from the Disclosing Party.
    1. Company’s Confidential Information. The following constitute Confidential Information of Company and should not be disclosed to third parties: the Deliverables, discoveries, ideas, concepts, software in various states of development, designs, drawings, specifications, techniques, models, data, source code, source files and documentation, object code, documentation, diagrams, flow charts, research, development, processes, procedures, “know-how”, marketing techniques and materials, marketing and development plans, customer names and other information related to customers, price lists, pricing policies and financial information, this Contract and the existence of this Contract, and any work assignments authorized or issued under this Contract. Author will not use Company’s name, likeness, or logo (Company’s “Identity”), without Company’s prior written consent, to include use or reference to Customer’s Identity, directly or indirectly, in conjunction with any other clients or potential clients, any client lists, advertisements, news releases or releases to any professional or trade publications.
    1. Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.
  10. NON-COMPETITION.
    1. For the entire duration of this Agreement and for the time the Party’s Agreement with the Company has been terminated for any reason, the Party will not engage in any activity that poses unwarranted competition with the Company.
    1. The Party also agrees NOT to engage in any activity for and with any of the Company’s competitors during the lifetime of the Agreement between the Party and the Company.
    1. The Party acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the Party agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.
  11. TERMINATION

Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate.

  • INDEPENDENT CONTRACTOR

Nothing contained in this Contract shall create an employer and employee relationship between the Author and the Company. Company and Author agree that Author is, and at all times during this Contract shall remain, an independent contractor.

  • DISPUTES.

Except as otherwise specifically agreed in writing by Author and Company, any dispute relating to any rights and or obligations arising in this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.

  • ENTIRETY

This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided the written consent of both Company and Author.

  1. SEVERABILITY

The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.

  1. JURISDICTION

This contract shall be governed, interpreted, and construed in accordance with the laws of [STATE, PROVINCE OR TERRITORY].

In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

___________________________________ ___________________________

Author’s Signature Date

___________________________________ ___________________________

Company Official Signature Date

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