Independent Book Creation Agreement
AGREEMENT MADE this _____________ of ____________, 2021, between
Treehouse Publishing Group
represented by Annmarie Wanegar, CEO
(Referred to as the “Book Creator” and/or “Publisher”)
and
Non-Profit
represented by an authorized representative
(Referred to as Client and/or Non-Profit).
WHERE AS the Non-Profit wishes respectively to have an “exclusive” children’s book created any published by the Book Creator AND this book (referred to as the “Work”) shall be provisionally titled:
________________________________________________
This agreement (the “CONTRACT”) is made on “the CONTRACT DATE” above by and
between the “Non-Profit” and Treehouse Publishing Group, in consideration of the mutual agreement made herein, both parties agree as follows:
Work: The Book Creator agrees to produce print-ready files for the Work, and are doing so at the request of non-profit and for fees agreed upon in advance according to the estimate and payment schedule below. It is understood by both parties that the“work” and the “fees” may be subject to change as the project develops. Changes in the project “work” that might affect the estimated rates may include: (1) changes in the desired art/illustration style, (2) changes in the number of images or pages, (3) extensive revisions due to client changes in the concept.
Scope of the Work / Project: Completion of the Work requires the Book Creator to provide writing, illustration and formatting, with the end result being print-ready book files that make up the complete Work required to fulfill this agreement. Every project has benchmarks when drafts will be provided to the Non-profit for review. Detailed specifications are provided in the Project Scope section of this agreement.
Delivery: Completion of the Work by an agreed-upon deadline may be affected by
changes in the project. Therefore, it is understood that any deadline will be thought of as more of a guideline and may be subject to change as the project progresses.
Author of Work: In is agreed by both parties that the Book Creator WILL BE given credit on all copy for their creation. That is to say that every copy and all marketing of the Work will include by name the Author, Illustrator and Publisher of the Work. All social media marketing for the title will include a link back to the publisher’s website. All product listings will include by name (1) Author, (2) Illustrator, (3) Publisher.
Original Content: The Book Creator agrees that they will be the sole author of the Work, which will be original work and free of plagiarism. The Book Creator will cooperate with the Client in editing and otherwise reviewing the Work prior to completion.
Marketing: Marketing of this Work will be the sole responsibility of the Non-profit. Though the Book Creator may market to assist the Non-Profit, any marketing efforts provided by the Book Creator will be considered a courtesy.
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Confidentiality:
Book Creator acknowledges that they may receive or have access to information which relates to the past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals,
and other proprietary information belonging to the Non-Profit. Book Creator agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to the Book Creator before this Agreement is signed
Non-Profit acknowledges that they may receive or have access to information which relates to the past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information belonging to the Book Creator. Non-Profit agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to the Book Creator before this Agreement is signed or afterwards.
Book Creator Rights:
Book Creator retains the right to display materials and final work created for Client on website(s) in their collective portfolio, at trade shows, on social media, in any way the Book Creator sees fit in order to achieve recognition for the Work. The creator, though retaining rights to the art created for this Work, will not engage in any monetary transaction or sale of the art, as the license is given to the Non-Profit for the purposes outlined in this agreement.
License and Sale of the Work:
The Non-Profit holds the right to print and use images for the purposes described below:
sale of the Work as a children’s book to raise money for the non-profit. All book sales must benefit the Non-profit, sales of the Work are not intended for “personal gain”. The Book Creator gives license to the Non-Profit solely for reproduction of the Work’s art in storybook form only. Reproduction of all art provided by the Book Creator for any purpose other than (1) the reproduction of the storybook itself, (2) marketing of the storybook, is not permitted without the expressed written consent of the Book Creator.
Fair Consideration:
The creation of an original Work requires communication. When communicating by a variety of means simple misunderstands can and probably will happen from time to time. Therefore, fair consideration shall be given to both parties by the other. A contract is only as good as the character of the parties involved. Neither the Book Creator nor the Non-profit shall undermine this contract by breaching ANY portion of the agreement. All parties will treat one another with respect and dignity. It shall be understood that as both parties enter into this contract willingly, therefore ALL parties should refer back to this agreement for clarity AND whenever a misunderstanding arises.
Compensation:
Non-Profit agrees to pay Book Creator according to the fee schedule established below.
A retainer (deposit) is due before any services are provided, and ALL balances must be paid in full before high-resolution final files will be provided to the client. If the parameters of the Work change, or if it involves more time than estimated, Book Creator will inform the Client and they can renegotiate the Work’s cost. Book Creator is responsible for the payment of all federal, state, and/or local taxes with respect to the services he/she performs for the Non-profit as the Book Creator is considered an independent contractor. The Client will not treat the Book Creator as an employee for any purpose.
Project Options:
Services available through the Book Creator but not included in the project scope provided are as follows: (1) Animated Book Trailer, (2) Social media marketing banners, (3) separate art rendered for use on merchandise, (4) conversion of the book cover to fit multiple cover styles.
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Scope of Project:
As this agreement provides, the Non-profit is contracting the services of the Book Creator to create a storybook meeting these criteria:
General Details:
| Final Book Dimensions | |
| Number of Pages | |
| Type of Binding | |
| Writing | |
| Illustration | |
| Intended Audience |
Book Topic / Concept:
Benchmark Timeline:
| Date: | Focus: |
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Inclusions:
Book Creator will provide opportunities for revision as follows:
Timeline of book events, 1 review (modify events of the story or their order)
Writing rough draft completed, 3 reviews (modification of written story)
Black and white illustrated copy completed, 2 reviews (for: adjustment of art content)
Final color copy completed, 1 review (request revisions of color only).
Payment Schedule:
| Total estimate of contract: | ||
| Deposit amount | Due upon the signing of the agreement | |
| 1/3 of remainder | Writing content approved | |
| ½ or remainder | Black and white layout approved | |
| Final balance due | Color proof approved |
The total estimated amount due on this contract has been broken up into the installment payments outlined above as a courtesy. Failure to make your payments on time according to the fee schedule may result in the full balance becoming due in advance. There is an additional 4% service fee applied to accounts that will be paid by credit card, debit card or Paypal (to offset processing fees).
All check payments should be written out to Treehouse Publishing Group..
There is a $40 fee for each check that is returned.
There is a 15% late fee assessed on balances that remain overdue past 28 days.
**Additional charges may be incurred if the project changes.
Expiration, Renewal or Cancellation of Agreement
This agreement shall be the only binding agreement between the Non-profit and the Book Creator and shall apply only to the Work mentioned. Any additions to or subtractions from this agreement shall require an addendum in writing and signed by both parties in order to be considered valid.
This agreement shall expire on _____________________. Upon its expiration both parties agree to abide by all non-expiring conditions within this agreement. Furthermore, the Book Creator agrees to give copies of the Work that are required for publication by any other means over to the Non-profit within 30 days of the expiration of this agreement. Renewal of this agreement may be requested in writing by either party to the other. This should be done not less than 15 days before the natural expiration date of this agreement. Cancellation of this agreement can be requested in writing by either party. This request must be made in writing and requires 90-days notice. If the Non-Profit cancels this agreement, the Non-Profit is responsible for payment of all amounts due for hours/benchmarks of work completed.
IN WITNESS WHEREOF, the parties have duly executed this agreement:
Treehouse Publishing Group | 136 Eastwind Lane, Jamestown Tennessee 38556. | www.TreehouseToons.com
Signature: _______________________________________________________ Dated: ______________________
Non-Profit Name: _______________________________________________________________________________
Authorized Representative Name (printed): _________________________________________________________
Address: ____________________________________________________________________________________
Email: _____________________________________________________ Phone: _________________________
Website: ____________________________________________________________________
Signature: _________________________________________________________ Dated: ____________________
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