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Bawn Contract
 
   






2 free books from eHarlequin.com!
  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 (2 %) 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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