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    Sample Contract

    This contract is entered into on ________________ between Breathless Press (hereinafter
    ‘Publisher’), located at_________________, Canada and
    ________________________________________________________________________
    (hereinafter ‘Author’) of (address):
    ________________________________________________________________________
    Concerning a work(s) presently known as
    _____________________________ For including in _____________________________
    (hereinafter ‘Work’).

    I. Warrants
    A. The Work is free and clear of any counts of libel, plagiarism, breach of privacy or
    misrepresentation of facts;
    B. The Work does not infringe upon any copyright or proprietary right, common law, or
    statutory law, and does not contain any material of libelous nature;
    C. The Work is not in the public domain and the Author is the sole owner and copyright
    holder of the work with full power to enter into this contract;
    D. If the Work has been previously published in whole or partly, the Author currently
    holds all copyright of the Work and is legally permitted to enter this agreement;
    E. The Author releases Publisher from any responsibilities relating to any legal actions
    incurred by the contents of the Work or the Author; and
    F. The Publisher will appropriate ISBNs for the Work.

    II. Grantor of Rights
    A. The Author, on behalf of him/herself and his/her heirs, executors, administrators, and
    successors, agrees to grant the Publisher exclusive English language rights to produce,
    publish, and sell the Work in the following formats:
    • Electronic format including but not limited to: email, download, disk, CD, or
    any other format known or to be invented
    • Worldwide print rights
    • Audio rightsB. If the Work is part of a series, the Publisher requests first refusal rights for any book
    written in the series. This will include same or similar characters, same or similar story,
    or any other means that warrants and defines a “Series”.

    III. Term of Contract
    A. Electronic rights (excluding print and audio) will be exclusive for three (3) years
    commencing on the date the Work becomes available for sale on the Publisher’s site.
    After such time, the contract will automatically renew if the Author does not request
    them back.
    B. Audio rights (excluding print and those defined above) will be exclusive for seven (7)
    years commencing on the date the Work becomes available for sale on the Publisher’s
    site. After such time, the contract will automatically renew if the Author does not request
    them back.
    C. Print Rights (excluding those defined above) will be exclusive for a minimum of three
    (3) years and no later than five (5) depending on if there are any physical stock of the
    book; commencing on the date the printed Work becomes available for sale on the
    Publisher’s site. After such time, the contract will automatically renew if the Author does
    not request them back.
    D. Publisher may terminate contract at any time for reasons such as lack of cooperation
    or resolution of disagreements between author and publisher, slander or libel against the
    publisher, staff, or other authors, or failure to meet reasonable editing deadlines without
    notifying the publisher of a problem. Publisher must provide author with written notice of
    contract termination and author is not responsible for paying any editing, promotional,
    marketing, or book making fees at time of contract and/or publication.
    E. Should the Author wish to terminate the contract earlier than the three (3) years and
    the reason is deemed trivial and cannot be resolved, a termination fee may (or may not)
    be charged that will be set at the time of the rights reversal request and shall not exceed
    $50.00 (fifty dollars) per month left on the contract.

    IV. Manuscript Preparation
    A. Author shall provide an acceptable, final revision of the manuscript in either Microsoft
    Word or RTF within the time agreed upon or this contract will be void. Author and Editor
    must work together to adhere to Breathless Press in house style guide which is built on
    the Chicago Style Guide and Publisher preferences. Publisher reserves the right to have
    final say in editing choices as long as it does not interfere with the Author's voice.
    Publisher will not be held liable for lost manuscripts or defective disks. It shall be the
    responsibility of the Author to maintain back-up copies of any and all work(s).

    V. Royalties
    A. Publisher agrees to pay to the Author, a royalty of _______ % of the retail download
    price in United States dollars (USD) on all sales of the Work sold through the Publisher's
    website as an eBook and _______ % of gross less distributor cut on all sales of the Work
    sold through other vendors, distributors, bookstores, organizations, or other outlets of
    electronic books that sell the Work as an eBook in association with the Publisher's Name.
    If the Work is purchased on disk or CD, the royalty will also be _______ %. If the audio
    rights are granted to the Publisher, the royalty will also be_______ %.
    B. Publisher agrees to pay to the Author, a royalty of _______ % of the cover price in
    United States dollars (USD) on all sales of the Work sold through the Publisher's website
    as a Print Book and _______ % of gross less distributor cut on all sales of the Work sold
    through other vendors, distributors, bookstores, organizations, or other outlets of books
    that sell the Work as a print book in association with the Publisher's Name. If the Work is
    purchased at a convention at the publisher's table, the royalty will also be _______ %. If
    the Work is purchased at a convention at a table that is selling the publisher's work but
    the publisher is not the active party selling, the royalty will also be _______ % of gross
    less any fees the reseller charges.
    C. In order to stimulate sales, the Publisher reserves the right to lower the price of the
    Work.
    D. If story is offered as an outright purchase, agreed upon purchase is ___________ and
    is a one time payment. Parts E to H no longer apply is this field is filled out and is greater
    than $0.00 (Zero). Payment will be made in the month when the book is finished the
    editing process.
    E. If earned and stated royalties are below $75.00 monthly, Royalty Statements shall be
    calculated and sent within 45 days after Quarter end. Royalties shall be paid within 45
    days after Quarter end (Quarter Ends: March, June, September, December) in accordance
    to the following: PayPal payments shall be greater than or equal to $5.00 USD, check
    payments (including Direct Deposit payments) shall be greater than or equal to $15.00
    USD; should amounts be less than the above stated minimums, the total shall be carried
    over to the following month until the accrued monies equals the minimums. Royalties
    shall be paid by check, Direct Deposit or PayPal. Payment arrangements, mutually agreed
    upon by the Publisher and the Author, shall be made for payment of royalties to Author if
    he/she resides outside of Canada. Authors residing overseas, will only have PayPal option
    available to them at this time. Authors who chose PayPal for payment will take note that
    Publisher will not cover any PayPal fees.
    F. If earned and stated royalties are above $75.00 monthly, Royalty Statements shall be
    calculated and sent within 15 days after Month end. Royalties shall be paid within 30
    days after Month end in accordance to the following: PayPal payments shall be greater
    than or equal to $5.00 USD, check payments (including Direct Deposit payments) shall
    be greater than or equal to $15.00 USD; should amounts be less than the above stated minimums, the total shall be carried over to the following month until the accrued monies
    equals the minimums. Royalties shall be paid by check, Direct Deposit or PayPal.
    Payment arrangements, mutually agreed upon by the Publisher and the Author, shall be
    made for payment of royalties to Author if he/she resides outside of Canada. Authors
    residing overseas, will only have PayPal option available to them at this time. Authors
    who chose PayPal for payment will take note that Publisher will not cover any PayPal
    fees.
    G. The Author is responsible for paying his/her own taxes on all royalty payments
    received from Publisher and is advised to keep accurate records for tax purposes. It is the
    sole responsibility of the author to attain all proper documentation according to their
    federal laws governing taxes.
    H. Author shall have the right, upon reasonable notice and during usual business hours, to
    engage a certified public accountant to examine the books and records of Publisher
    relating to the author's publication(s) at the place where such records are regularly
    maintained.

    VI. Marketing and Promotion
    A. The Author shall provide the Publisher with biographical information and a suggested
    blurb for use on Publisher's website. Author agrees to give Publisher the right to use the
    Author's name, likeness, title of work and biographical material for publishing,
    advertising and promoting the Work. Publisher reserves the right to edit or rewrite the
    blurb submitted by Author.
    B. Publisher will provide cover art. Author cannot provide their own cover art unless that
    author is also a contracted artist with Publisher. Publisher is not required to use any
    image that author provides regardless if the image is original, rights owned, purchased, or
    otherwise.
    C. Publisher reserves final approval of art in consultation with Author. If the Publisher
    and Author cannot come to an arrangement for the cover, the final "for sale" version of
    the cover will be left up to the discretion of the Publisher and the author may not
    discriminate or act out against decision.
    D. Author agrees to self-promote the Work. If Author has his/her own website, the Work
    must be linked to the Publisher's website. With any promotional material the Author
    generates, the Author will consult with Publisher to insure proper use of the Publisher's
    name and/or other information.
    E. Author agrees to participate in any promotion that the publisher arranges; things such
    as, but not limited to, Blog Tours, interviews, discussions, etc. Publisher will try to
    schedule them around the Author’s availability. F. Author may use up to Three (3) chapters (or 20% of the work) to post on his/her
    website or to give away as "teasers" to promote the work provided it includes a link to
    Breathless Press. Authors may obtain up to Five (5) free digital copies of publication to
    use for promotions and marketing endeavors. They may print off the pdf Five (5) times
    and give it away, but may not print it off for monetary purposes.
    G. Publisher will send out the work for review to no less than Three (3) review sites.
    Author is encouraged to solicit reviews along with Publisher at which case, the Author
    Copies will not count towards books sent to legitimate review sites. For added
    promotional purposes, Publisher and Author agree to notify each other as to what review
    sites submissions have been made.
    H. The Author agrees to send the Publisher or Author's Editor a marketing campaign
    outlining in detail what the Author is planning on doing for marketing of this contracted
    title. The Publisher acknowledges that certain circumstances may arise that prevents or
    limits the promotion of said title, but will require the Author to complete said marketing
    campaign.
    I. Author grants Publisher permission to include book information, excerpts, and bios in
    press releases to other industry resources that may include agents, print publishers, and
    other published authors.
    J. If the Work is released in Print, Author may purchase copies at a discount of 40%
    (forty percent). Author agrees that they will not receive royalties for these copies. Author
    will receive 2 free “Author Copies” at time of their first order or no later than one (1)
    month after the print release date.

    VII. Assignment
    A. Breathless Press may at any time sell itself, or the majority of itself, its holdings, or
    licenses. Current contracts would transfer to the new owner.
    B. Bankruptcy: If Breathless Press is legally judged bankrupt or liquidates its business,
    this Contract shall be terminated effectively and all rights granted to "Breathless Press"
    shall be terminated. Author shall be paid in full by Breathless Press any unpaid royalties
    accrued from sales of her works as of the date of judgment of bankruptcy and or
    liquidation of its business.
    C. Rights: If Publisher suspends operations, removes website from the internet or fails to
    respond to any written or electronic correspondence, other than a temporary suspension
    for technical difficulties such as a loss of Web Server or other suspension not lasting
    more than sixty (60) days, all rights outlined in this agreement are terminated and all
    rights are immediately reverted to the Author.VII. Lending
    A. Some distributors and/or websites allow a lending program. The Author can express
    his/her desires to participate in said program by expressing their desires to the Publisher.
    If the Author fails to express their wishes, Publisher will assume Author is giving
    Publisher permission to enroll in the lending program. Future changes may be made by
    said Author by email to the Publisher to enroll in the program.

    VIII. Audio Books
    A. The Publisher may or may not hire a third party to produce, distribute, and sell the
    audio book version of a story. The seven (7) year right grant is non-negotiable as this is
    the right grant the third party requests. The Author may opt out of having their book
    produced as an audio book but notice must be given at time of signing this contract.

    IX. Entire Agreement
    A. This Contract hereby constitutes the entire agreement between Author and Publisher
    and supersedes all previous agreements regarding the Work, whether oral or in writing.
    Modification of this contact may only occur in writing, signed by both parties. Breathless
    Press utilizes electronic online contracts for the convenience of our authors. In filling in
    the place reserved for your name in this document you are providing a legally binding
    signature per the Electronic Signatures in Global and National Commerce act. Breathless
    Press records your government issue ID at time of signing in order to authenticate this
    contract.
    B. The owner of Breathless Press is entering into this contract in good faith and certifies
    their intent to honor it to its full extent by signing and sending the contract to the author.
    This contract can be viewed by any party by using the link provided to them at time of
    signing.
    Signatures
    Author: ____________________________ Breathless Press: ____________________
    Date: _______________(YYYY-MM-DD) Date: _______________(YYYY-MM-DD)
    SSN or Gov ID: _____________________
    Breathless Press
    If Other ID, specify: __________________