|Agreement made this day of||_________, ___________,||among|
|and c/o Peter Rubie
Literary agency 240 W 35th Street Suite 500 New York, NY
10001 (Substitute the name of any agent you
are working with here, or delete references to the agent entirely.)
In consideration of mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. This agreement and all the terms and conditions enumerated herein shall encompass the United States of America, its territories and possessions and all foreign countries.
2. The authors mutually agree to collaborate in the development of a book about
The credit lines shall read: by
3. The authors shall jointly and exclusively own and hold the literary property rights, their residual rights, subsidiary rights and all copyrights.
4. Neither author shall make any contract with a third party in connection with this literary property or any literary property which will abrogate the rights of the other or interfere with or limit in any way the sale of the literary properties under this agreement.
5. This agreement may not be assigned or transferred, except to the extent that the parties hereto may assign or transfer any monies due them respectively.
6. The authors agree to work together and cooperate with each other to the best of their abilities to produce the manuscript(s). It is agreed and understood that the authors may take on additional contracts during the course of writing this book. However, they will insure that all deadlines are met. During the term hereof, the parties hereto agree not to participate in the writing or publication of any book that would directly compete with this property or otherwise adversely affect sales of the books.
7. Peter Rubie Literary agency is the authorized agent for the authors in connection with negotiations regarding the literary property, their residual and subsidiary rights, including but not limited to first serial, electronic, foreign, translation, dramatic and audio rights. The agency agrees to consult with the authors before accepting any offers or licenses on their behalf.
8. All monies, income, property, fees and royalties derived from the literary properties, their publication, residual rights, subsidiary rights, including but not limited to those outlined in paragraph 7, shall be distributed as follows: the agent will receive a commission of fifteen percent (15%) of gross earnings for the above mentioned rights, and twenty percent (20%) of the gross earnings on foreign rights. The remainder, which is the property of the authors, will be divided as follows: 50% to each author.
9. "Gross earnings" shall mean one hundred percent of all monies, earnings and royalties of any kind.
10. Authors represent and warrant that they have the full power and authority to enter into this agreement and that neither they nor any of the literary properties under this agreement will be subject to any other commitments which would conflict or interfere with the performance of agents' services hereunder. authors shall indemnify the agent and hold him harmless from and against any claim, action, proceeding, damage or expense (including counsel fees) which authors may suffer as a result of or in connection with any breach or alleged breach.
11. This agreement cannot be amended, except by written notice executed by all parties.
12. In the event, notwithstanding this agreement, should any party hereto breach the terms thereof, then the proceeds derived from said breach shall be held against that party in trust and as trust funds for the use and benefit of the other contracting parties in the proportions herein provided.
13. The Parties agree to settle any negotiation, claim or dispute arising out of or in connection with this agreement or breach thereof in the City of New York with the then rules of the American Arbitration Association and such judgment may be entered in any court having jurisdiction thereof.
14. Regardless of the place of its physical execution, this agreement shall be interpreted under the laws of the State of New York and of the United States of America.
15. In witness whereof the parties have executed this agreement the day and year first above written in triplicate original counterparts, each of which shall constitute an original.
AGREED AND ACCEPTED: