1. PARTIES TO AGREEMENT
This is an agreement between Breezeway Books, a Florida company with principal offices at 7970 NW 4th Place, Plantation, FL 33324, hereinafter known as PUBLISHER, and AUTHOR for the AUTHOR'S WORK as described in the following documents.
2. LICENSE TO PUBLISH
AUTHOR grants to the PUBLISHER non-exclusive rights to publish the WORK in print and electronic media, and to set up distribution for the WORK throughout the world in the AUTHOR's name.
3. AUTHOR CANCELLATION
AUTHOR has the right at any time to cancel this agreement with thirty (30) days written notice to the PUBLISHER. All monies received by PUBLISHER will be refunded at the end of the thirty day period less the cost of work already done at the time notification is received. PUBLISHER is entitled to charge for such work at a rate of $75 per hour. Publisher's personal time is billed at a rate of $100 per hour.
4. PRINTING AND SALE OF BOOKS
On all sales of printed copies of the WORK, the Distributor will pay royalties to the AUTHOR directly. These are based on the sales of the finished book. Royalties will not be paid on copies of the WORK sold to the AUTHOR or on books that are returned. Royalties for Print sales are list price less the cost of the printing and distributor discount and generally amount to around 20% of the list price. Exact color reproduction is not guaranteed to be the same for every print run.
5. ELECTRONIC ROYALTIES
If AUTHOR chooses this option, an ebook can be made available. On all sales of electronic versions of the WORK, the PUBLISHER will pay the AUTHOR a royalty based on sales of eBooks. Royalties will not be made on electronic copies provided or sold to the AUTHOR, nor on copies given away for promotional purposes to reviewers or the press, nor on works that are returned. Royalties are based on sales of electronic versions of the WORK. Royalties for electronic sales are 70% of the list price for all copies sold directly through Amazon in the USA and other territories except those that pay 35%. Other distributors pay different percentages.
6. SUBSIDIARY RIGHTS
AUTHOR retains all subsidiary rights including theater, film, and television rights in the WORK.
7. EBOOK DISTRIBUTION
All accepted WORKs can be distributed as electronic books on Amazon. Since Amazon accounts (at the time of writing this contract) for 75% of all ebook sales, this is the most advantageous channel.
8. DISTRIBUTION THROUGH PRINT ON DEMAND
Depending on options chosen by AUTHOR, PUBLISHER will prepare the book for distribution as a Trade Paperback, ebook, Hardcover and/ or Audio book. PUBLISHER agrees to secure a unique ISBN and submit the work to Amazon. Ingram distribution is optional, but mandatory for hardcover versions of the book.
9. COPYRIGHT AND TITLE REGISTRATION
AUTHOR may copyright the WORK in his or her own name by contacting the Registrar of Copyrights. Whether or not AUTHOR gets a formal copyright, PUBLISHER will claim the copyright in the AUTHOR's name on the copyright page of the published book.
10. ROYALTIES FOR SALES OF BOOKS
Distributor will make royalty payments, and will provide updated online reports.
11. SUBMISSION ACCEPTANCE
PUBLISHER reserves the right, in its sole discretion, not to accept a submission.
12. SUBMISSION GUIDELINES
AUTHOR agrees to pay PUBLISHER a one-time fee for setup of a Print-on-Demand book, the cost depending on the package or a la carte services chosen by the AUTHOR. Publishing packages each include a certain number of images if they are provided electronically. AUTHOR agrees to pay $5 for each photo or illustration that must be scanned by PUBLISHER for inclusion in the WORK. If AUTHOR wishes to include additional images beyond those included in the package, there is a cost of $5 each for the extra formatting work involved. Additional fees for additional services are at the AUTHOR's discretion.
Editing is optional and takes approximately 4 - 6 weeks, unless the WORK is over 90,000 words, in which case it may take longer. All editorial changes made to content of book are subject to AUTHOR’s approval. PUBLISHER will be responsible for selecting and for paying the Editor. Cost of edit is determined by free editing evaluation provided by the PUBLISHER.
PUBLISHER will make the work available for print-on-demand distribution on the AUTHOR’s publishing account (set up by PUBLISHER as part of each publishing package) within 90 days after receipt of all required materials relating to the WORK, unless editing is necessary in which case the WORK will be made available for print-on-demand distribution within 140 days. In no case will the PUBLISHER take more than 180 days after receipt of all the required materials relating to the WORK to publish the WORK. If the PUBLISHER does not make the WORK available within such time, the AUTHOR may give notice to the PUBLISHER to make the WORK available within 30 days. If the PUBLISHER does not do so, this agreement shall terminate, all licenses herein shall revert to the AUTHOR and the PUBLISHER shall refund the setup fee less PUBLISHER’s costs, if any, to the AUTHOR.
15. FORMAT AND PRICE
PUBLISHER shall request author's suggestions and contributions on cover art, and will, if possible, use such suggestions and contributions in cover design. In the event of a disagreement regarding cover art, PUBLISHER shall have final say as to production, appearance, and formatting of the WORK. A minimum price of the work shall be determined based on the cost of production. If AUTHOR desires, the price can be set higher than the minimum.
16. AUTHOR PROOFS
PUBLISHER will provide AUTHOR with digital proofs of the WORK. AUTHOR will supply corrections to proofs as documented on PUBLISHER's website. All corrections must be submitted in writing. A final physical proof will be provided by PUBLISHER after digital proofs have been approved. Once printed, any additional changes to the WORK may incur additional fees.
17. AUTHOR COPIES
AUTHOR shall receive a number of free copies of the WORK (as noted on site), and can buy copies at wholesale publisher cost, which is offered by the Distributor. Higher discounts may be available for quantities of 1,000 and more because PUBLISHER may be able to offer better pricing through offset printing than can be had through POD. Payments for printing of books are non-refundable.
18. PUBLISHER TERMINATION
After WORK has been setup for distribution in AUTHOR's name, PUBLISHER's work is complete except for marketing work that may be in process (ex: writing of press release).
PUBLISHER agrees to set up an AMAZON account in the AUTHOR’s name for the worldwide distribution of the book. For hardcovers, PUBLISHER will work with AUTHOR to set up Ingram Distribution. When the setup is complete, PUBLISHER will turn distribution account(s) over to AUTHOR who will then change the login email and password to his/her own, thus making the account(s) private.
20. AUTHOR WARRANTIES
AUTHOR represents and warrants that AUTHOR is the sole owner of the WORK and has the full power, authority and right to enter into this agreement; this agreement does not conflict with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; the WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; the WORK as submitted, and its publication by the PUBLISHER, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons; the WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third party; all information in the submission package is accurate.
AUTHOR may provide illustrations for color books if these have been created by the AUTHOR, or if AUTHOR has a legal agreement with an ILLUSTRATOR to create images. If such an agreement exists, AUTHOR will provide PUBLISHER with a copy. AUTHOR may also contract with PUBLISHER to use one of PUBLISHER's artists to create original illustrations at a specified cost.
22. MAINTENANCE ON INGRAM DATABASE
This publishing agreement may include optional distribution through Ingram for one year at a cost of $199 for each version of the WORK. If AUTHOR wants a hardcover version of the WORK, Ingram Distribution is mandatory. Maintenance on Ingram’s database for additional years will be billed to the AUTHOR by Ingram.
23. MODIFICATIONS OF BREEZEWAY BOOKS SITE
PUBLISHER may modify the Breezeway website with or without notice to AUTHOR and without liability to AUTHOR or to any third party. However, all services documented on the site on the date that AUTHOR signs this agreement will be provided as specified.
AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from , connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnification made by the AUTHOR herein shall survive termination of this agreement.
25. ADDITIONAL INSTRUMENTS
AUTHOR agrees to complete and execute the title submission form, author bio, and all additional instruments reasonably requested by the PUBLISHER to confirm and effectuate this agreement.
26. GENERAL PROVISIONS
This agreement shall be governed by the laws of the State of Florida. It contains all and the only agreement, and supersedes any other agreement, oral, written or otherwise construed as a prior agreement between the AUTHOR and PUBLISHER. This agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the AUTHOR and the PUBLISHER. In the event of a legal dispute, a lawsuit must be filed in Broward Country, Florida. This agreement is binding upon the heirs, executors, administrators and assigns of the AUTHOR and the PUBLISHER.