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Well, here it is -
the copy of the contract that Mr. Nason insists Tina
never read or received.
BAWN
PUBLISHERS INC.
Literary Agency
AUTHOR-AGENT AGREEMENT
This Agreement made this 15th day of June 2001, by and
between Tina ---- of [address deleted for privacy
purposes] (hereinafter "Author"), and BAWN
Publishers Inc., a Literary Agency, 8877 Meadow View
Drive, West Chester, Ohio 45069 (hereinafter "Agent").
W I T N E S E T H
WHEREAS, Author writes and is engaged in the preparation
of certain literary work for profit, desires the services
of a professional Agent; and
WHEREAS, Author currently has no binding contractual
obligation with any literary agent, sub-agent,
organization or with any person having the duty or
authority, whether written or verbal, to present,
represent or negotiate on behalf of Author for sale or
license of the right to use Author's work; and
WHEREAS, Agent will deal with the rights stemming from
all of Author's works including dramatic or screenplay
adaptation, audio tape performance, game adaptation,
reprints of older material; and
WHEREAS, Author and Agent have agreed that Agent will
represent Author, and Author and Agent have agreed that
for a fee of a percentage of the payments made to Author,
Agent will endeavor to find an appropriate market for
Author's work and to negotiate a favorable agreement on
Author's behalf. In the event an offer is made for the
sale, lease, license or other disposition of Author's
works, Agent shall contact Author to discuss the
particulars with recommendations by the Agent, before any
final decision is made.
WHEREAS, Agent is an independent contractor and not an
employee of the Author.
NOW, THEREFORE, in consideration of the mutual premise
set forth herein the Author and Agent agree as follows:
1. Representation. Agent shall be
Author's sole and exclusive Agent throughout the world
with regard to all literary, dramatic, cinematic, or
musical property work, associated appearances, or
derivative works or products, owned or produced by Author
whether tangible or intangible (collectively hereinafter
the "Property"). Said agency shall include, but
not be limited to, negotiating, supervising or assisting
in the negotiation of the sale, lease, license, or other
disposition of Author's Property. Agent has the express
authority to represent to others that BAWN Publishers Inc.
is Author's agent.
2. Excluded Property. The Property
expressly does not include the following:
____________________________________'
____________________________________,
Furthermore, previous sales, prints, or contracts
executed prior to the date first written above between
Author and _____________of __________________,
_________________ are excluded as well as any items
listed on Exhibit A attached hereto and incorporated by
reference herein. The excluded items, whether listed
above or on the attached exhibit, do not include any
rights that have not yet been negotiated with respect to
such Property, including but not limited to film, video,
stage, foreign and domestic hard cover rights, of any
Property produced by Author.
3. Term. The term of this agreement
shall be from June 15, 2001 to May 31, 2002 provided that
the obligations of Author set forth herein shall continue
for the duration of any contracts concerning literary
production that Author executes during the term of this
agreement, but only with respect to the subject matter of
such contracts.
4. Cancellation. Author or Agent shall
have the right to cancel this agreement by written notice
of the intent to terminate given ninety (90) days prior
to the effective termination date. Termination by notice
will only be valid, after such time and in the event of
the Author or Agent's inability to perform or secure an
option or sale, lease or license of literary work within
the term of this agreement. In the event of a pending
sale, lease, license or option, the termination of said
agreement shall be of no effect until such time sale,
lease, license or option is either completed, terminated,
or remained inactive for a period of ninety (90) days.
Regarding any and all expenses incurred by BAWN
Publishers, prior to cancellation of this contract,
Author shall be held liable and responsible for payment
in full immediately upon cancellation of said contract.
5. Warranties. Author hereby warrants as
follows that any Property delivered to Agent by Author:
a. Is not libelous;
b. Does not unlawfully infringe on any copyright or other
rights of any other person, firm or corporation;
c. Is the sole Property of Author;
6. Payment Plan. The payment plan
includes all possible expenses incurred during the course
of the contract. Business costs and expenses include
duplication of material, long distance telephone charges,
postage, proposals and messenger services, telegrams,
faxes, extensive research and travel (when needed). There
are no exceptions to these plans.
Please mark the appropriate plan that applies to Author.
Plan A. Short stories and children
stories - $75.00 per month. Short stories
usually range from 1,500 to 10,000 words or six to forty
doubled-spaced, typewritten pages in length. For stories
10,001 to 29,999 words the fee is $100.00 per
month. For each additional manuscript, add $25.00
per manuscript per month.
Amount from Plan A: $___________.
Plan B. Novellas - $125.00 per
month. Novellas usually range from 30,000-50,000
words or approximately one hundred twenty double-spaced,
typewritten pages in length. For each additional
manuscript, add $50.00 per manuscript per month.
Amount from Plan B: $___________.
Plan C. Novels/books - $150.00 per
month - no more than 200 pages, double-spaced.
Novels/books from 201 to 350 pages, $175.00 per
month. All others in excess of 351 pages, $200.00 per
month. For additional manuscripts add $50.00
per manuscript, per month.
Amount from Plan C: $___________.
Plan D. Screenplays - $125.00 each,
per month. Additional scripts, add $50.00 per script,
up to 2.
Amount from plan D: $___________.
Total amount per month: $__________
All contracts signed and received, representation begins
immediately and if dated the 15th,
payment begins the 1st of the following month, and the 1st
is the 15th , of the same month. All payments must be
received on or before the 1st or 15th of each month,
whichever applies to Author (see agreement date in first
paragraph). A 10% late charge will accrue starting on the
6th or 20th day after the 5-day grace period and $1.00
per day for each day thereafter. Three consecutive missed
payments can result in cancellation of contract. First
payment due 15 days after date of contract and due the
first of each month thereafter or until a sale is made.
Monthly updates will be sent on the 6th or the 16th of
each month, depending upon contractual date. These
reports shall reflect only the name of the company to
which submissions were made on the Author's behalf. No
names or phone numbers of any contact people related to
those organizations, shall be released unless they are
rejection letters pertinent to Author's work and with pre-approval
of organization.
7. Compensation
a. Gross Compensation. In determining gross compensation
payable to Author for purposes of computing the amount of
compensation payable to Agent, all amounts payable to
Author under any contract or agreement for the sale,
lease, license, or other disposition of the Property (hereinafter
the "Gross Compensation") shall be included,
regardless of whether such contracts or agreements were
procured by Agent, by Author, or by a third party, except
that in the event a speaking engagement, electronic
convention or non-profit exhibit is contracted for or
arranged by a person or entity other than Agent or
authorized assistant(s), then Agent shall not be entitled
to any compensation for monies payable to Author for such
engagements. The Agent will continue to collect royalties
as well as provide a year-end accounting for tax purposes
for Author's records.
b. Domestic Sales. Agent agrees to collect monies due to
the Author. Agent will deduct Agent's commission of a sum
equal to fifteen percent (15%) of the Gross Compensation
earned or payable to Author during the term hereof, for,
on, or in connection with, the sale, lease, license or
other disposition of Author's Property or rights therein
or thereto, herein described, in the United States.
Agents commission, shall be deducted in full at the time
funds are distributed by any and all parties. Said
collection of monies shall continue after the expiration
of the term hereof, for, on or in connection with any
contracts or agreements for the sale, lease, license or
other disposition of Author's Property or any rights
therein or thereof, and on modifications, extensions,
additions, substitutions and renewals of such contracts
or agreements directly or indirectly.
c. International Sales. In lieu of the compensation
established in Paragraph 7 b., in the event of a sale,
lease, license, or other disposition of Author's Property
or rights therein covered by contract outside the United
States, Agent shall collect a sum equal to twenty percent
(20%) of the Gross Compensation earned or payable to
Author during the term hereof.
d. Media Works. Author agrees to allow Agent, with regard
to the acquisition of rights to the Property, the right
to negotiate with the acquiring party a sum equal to but
not to exceed two and one half percent (2½ %) of the
production budget of any motion picture, home video or
other work in any media which is produced based on, in
whole or in part on Author's work, payable by the first
day of photography of such work, and payable directly to
Agent, as added consideration for acquiring any rights to
Author's property. The Author is in no way responsible
for the payment of this percentage; it comes strictly and
entirely from the producer(s) or acquiring party.
8. Assignment of Payments. The Author
does hereby assign his/her royalties to Agent to be held
and distributed pursuant to the terms hereof.
9. Accounting. Agent shall provide
Author with monthly updates of submissions made on
Author's behalf and shall notify Author promptly of any
pending negotiations. Agent agrees to remit all monies
due to Author, less the Agent's stipulated commission,
within thirty (30) calendar days of the receipt of any
monies earned from the sales of any rights related to the
work if said monies are paid in US currency. Otherwise,
the Agent will remit all monies due to the Author, less
the Agent's stipulated commission, within thirty (30)
calendar days of the conversion of said monies to US
currency.
10. Indemnification. Author will
indemnify and hold harmless the Agent from and against
all actions, suits, claims, demands, money damages and
judgments, including Attorney fees incurred by Agent,
arising or growing out of the Agency relationship,
including but not limited to allegations or actions
regarding any libelous, unlawful or infringing matter
contained in said work. Agent shall give notice to the
Author, promptly of every such claim, demand, and/or suit.
Author and Agent shall cooperate in the defense thereof
and render all proper aid and assistance therein.
11. Notice
a. Any notice herein required or provided to be given may
be served by registered mail addressed at the address
first written above provided that either party by written
notice to the other, may designate another address for
such service, and provided, further, that notices may be
sent to Author by ordinary mail.
b. At no time is the Author allowed to contact any
publisher and/or producer as it relates to the progress
of Author's works, without expressed written consent, or
at such time where it is deemed necessary to further the
Author's progress. The only time Author contact is
permitted is upon confirmation and the publisher and/or
producer require conclusion of the sale of Author's work
and the need for further development of the work. If at
any time contact is made, prior to the sale completion,
this automatically constitutes a breach of contract, and
cause for immediate termination.
12. Applicable Law and Venue. This
Agreement is to be governed by the laws of the State of
Ohio and any interpretation of the language; intent,
performance or obligation of this addendum shall be done
in accordance with the laws of the State of Ohio. This
Agreement is performable in Hamilton County, Ohio, and
any suit, action or proceeding by either party to this
Agreement must be initiated and brought in Hamilton
County, Ohio. All sums or amounts due or to become due to
either party hereto are payable in Cincinnati, Hamilton
County, Ohio.
13. Severability. If any provision of
this Agreement shall be held or deemed to be or shall, in
fact, be inoperative or unenforceable as applied in any
particular case for any reason, such circumstances shall
not have the effect of rendering the provision in
question inoperative or unenforceable in any other case
or circumstance, or of rendering any other provision or
provisions herein contained invalid, inoperative, or
unenforceable to any extent what-so-ever.
14. Amendment and Modification. This
agreement shall not be amended or modified unless such is
in writing and signed by the party against whom such is
charged. This agreement itself amends and modifies all
existing contractual agreements between the parties
hereto. To the extent this agreement is inconsistent with
any prior agreement, the terms of this agreement shall
govern.
15. Confidentiality. It is understood by
both signing parties that the relationship between the
Author and the Agency is confidential; and that the Agent
will not reveal any information arising from or related
to the activities of the Author, except to government
agencies for the purposes of reporting income generated
by the Author's writing. As well, the scope of this
confidentiality covers all matters arising from and
related to any dealings with publishers, producers or
their authorized representatives, whether these matters
are editorial or fiduciary. If the Author initials below,
Author indicates that Author does not wish to be listed
when and if a third party to list asks the Agency or
identifies its clientele by name:
_______________
Author's Initials
IN WITNESS WHEREOF the parties have set their hands as of
the first date written above.
Tina ------
Witness Author
___________________________________
Witness Author's Signature
Social Security #_____ - ___ - _________
Agents
BAWN Publishers Inc.
Willie E. or Beverly A. Nason,
Chairman/CEO
Witness Agent's Signature
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
_____ day of _______________, 2001 by
_______________________________, Author.
Notary Public
My Comm. Expires:___________________
STATE OF OHIO
COUNTY OF BUTLER
The foregoing instrument was acknowledged before me this
_____ day of ________________, 2001 by
_________________________, _________________________ of
BAWN Publishers Inc., on behalf of the corporation.
____________________________________
Notary Public
My Comm. Expires:___________________
EXHIBIT A
EXCLUDED PROPERTY
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