Sample Contract

Note: This is a Sample Contract and is subject to terms and conditions mutually agreed upon by the Publisher and the Author. In other words, we can be flexible with certain terms to satisfy all parties. Understand that the goal is that both parties are protected, and that both parties are able to make money.

For those people who don't speak a lot of legalese, we have included a plain translation of each section and basically what it means (look for the blue words). These translations won't appear on the real contract, but most people find them helpful when reviewing this sample contract. Any questions? Please let us know.

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AGREEMENT made this ___th day of ____________________, between _______________________, hereinafter referred to as the AUTHOR, and Phaze Books, an imprint of Mundania Press LLC, 6470A Glenway Ave. #109, Cincinnati, OH 45211, hereinafter referred to as the PUBLISHER, with respect to the work entitled ______________________________, hereinafter referred to as the WORK.

Section I. Publishing Rights

AUTHOR agrees to grant to PUBLISHER exclusive worldwide English language rights to publish and sell the WORK in:

• [  ]  eBook Edition (readable-text digital format provided in electronic download, disk, CD/CD-ROM, E-Book Reader or similar media of presentation).



• [  ]  Printed Trade Paperback (Perfect Bound) Edition. (maybe optioned or released)

AUTHOR will retire any extant contracts with any other publishing entity AUTHOR has outstanding for the WORK or a derivative of the WORK immediately upon acceptance of this Agreement.

[Translation: Phaze Books gets the rights from you to publish your book in only the editions noted above. If you, the author, have contracts or obligations with other publishers for the editions noted above, at this time you must end them as Phaze Books requires exclusive rights (we're the only ones putting out the book) for the contract period. You are free to offer publication rights to other publishers only for those editions not specified in the contract.]

Section II. Length of Contract

This Agreement shall be in force from the date the contract is signed until three (3) years after the actual date of publication, with automatic monthly renewal after that.

[Translation: Because there is a lot of start-up cost, which is paid by Phaze Books, we need time to sell your book to make back that money, and make a profit (which is why we're doing it after all). To do that we need at least three years to exclusively sell your book. After the three years, we will continue to sell your book as long as you are happy and we are happy. Otherwise, a 30-day notice from you or us can cancel the contract (see below). Once canceled, all books rights automatically revert back to you.]

Section III. Termination of Contract

After the initial three (3) year period as stipulated in the Length of Contract, this Contract may be terminated by either the AUTHOR or PUBLISHER with a 30-day written, certified mail notice or other receipted or traceable delivery service, including e-mail where return acknowledgement is received, and all rights granted the PUBLISHER will revert to AUTHOR at the time of the termination. Upon this termination, PUBLISHER will remove listing of the WORK from its website and all download-based distributors and advise Books-in-Print that that particular ISBN is no longer in print. The exception to this termination of contract is that PUBLISHER may continue to sell existing stock of physical formats (diskettes, CD's, cassette tapes, print books) but may not create new physical copies upon depletion of its existing stock.

When this Agreement terminates, AUTHOR shall have the right to purchase any remaining copies of the WORK at the AUTHOR's discount specified below. Any remaining copies of the WORK the AUTHOR chooses not to purchase may be sold or disposed of at the PUBLISHER’s discretion. Applicable and adjusted royalties will be paid on any disposed books.

[Translation: This part details how and when the contract can be canceled, and how we notify each other. Once the contract is canceled, the book is out-of-print. You will not be able to use the cover art (unless it was your property to begin with) and you won't be able to use the ISBN numbers. Books-in-Print will be notified that the book is out-of-print. Also if we have any stock left over, you have the right to buy all or part of it at your author discount (with no royalties paid). If you don't buy it, then we can sell them until they are gone. You'll receive regular royalty payments from any sales.]

At any time prior to publication or during the initial three (3) year period after publication, PUBLISHER may, at its discretion, cancel the publication of the WORK, or remove the WORK from publication or distribution if released for reasons of poor sales, excessive returns, or other reasons deemed by the PUBLISHER to be injurious to the PUBLISHER's or AUTHOR's best interests. PUBLISHER shall give notice to AUTHOR 30-days prior to requested removal from distribution and state the reasons for the withdrawal. Notice must be in writing by certified mail or other receipted or traceable delivery service, including e-mail where return acknowledgement is received. When the PUBLISHER removes the WORK from sale, this contract shall terminate and all rights granted shall revert to the AUTHOR.

At any time during the initial three (3) year period after publication, but not before one (1) year after publication, AUTHOR may petition the PUBLISHER to remove the WORK from publication or distribution. AUTHOR must give such "petition for removal notice" to PUBLISHER 90 days prior to requested removal in writing by certified mail notice or other receipted or traceable delivery service, including e-mail where return acknowledgement is received. AUTHOR must specifically state reasons for petitioning for removing the WORK from publication and/or distribution.

After receiving the removal request, PUBLISHER may:

1. Accept AUTHOR's request for removal outright with no additional stipulations or claims, or
2. Accept AUTHOR's request for removal with stipulations that AUTHOR, or AUTHOR's designated agency, buy out the contract, the amount to cover the production and sell-through costs involved with publishing the book, plus a reasonable profit.

If the PUBLISHER removes the WORK from sale, this contract shall terminate and all rights granted shall revert to the AUTHOR.

[Translation: This part gives either party an "out." If we find that your book simply does not sell, or that there are excessive returns, or other reasons that may be harmful to us and/or you to keep publishing the book, we can cancel the contract by giving you a 30-day written notice. After that, your book rights completely revert to you.

If you decide that you wish to cancel the publication of your book, You must send us a written notice, 90 days before you wish the cancellation to occur, stating your reasons for wanting this cancellation. This can be done no earlier than one year after publication. At that point, we may do one of two things. We can just cancel the contract and remove the book from print, in which case all rights immediately revert to you. Or, we can cancel the contract and remove the book from print on the condition that you, or someone you designate, pays us an amount to allow us to recoup our publication costs and a reasonable profit. Publishing a book is a business. Cover art work, ISBN numbers, printer submission fees, advertising, employee and contractor payroll, time and materials, etc.—all these things add up to a large amount of money that we, the publishers, have to pay out up front. We have made a financial investment in your book. We have the right to make money, or at least, recoup those expenses. The second choice above would mean that you or someone you designate would pay us whatever costs were not recouped yet, plus a reasonable profit. We would detail exactly what this buy-out covers so that you would know exactly what you are paying for. The main reason this clause is in the contract is if an author receives an inquiry from a large publishing house who are interested in purchasing the rights to the book. This gives them, and you, the chance to buy-out the contract from us. We will be as reasonable as possible because we want our authors to succeed and become rich and famous, but we can't do it if it makes us go broke.]

Section IV. AUTHOR Warrantees

AUTHOR warrants that AUTHOR is the author and sole owner of the WORK or has been assigned the rights delineated above; that it is original and contains no matter unlawful in its content, nor does it violate the rights of any third party; that the WORK is not in the public domain. AUTHOR also warrants that these rights are owned or controlled by him without encumbrance and that AUTHOR has full power to grant the listed rights to Publisher.

If the WORK has been previously published in any form, AUTHOR warrants that the rights granted herein have reverted to the AUTHOR. As an addendum to this agreement, AUTHOR shall present some written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary rights to the WORK.

If a judgment is obtained against PUBLISHER for usurping rights still controlled by a publisher or other entity than PUBLISHER or AUTHOR, the AUTHOR agrees to hold PUBLISHER harmless and to indemnify PUBLISHER for reasonable damages and costs. If PUBLISHER prevails against a suing party or resolves the matter by out-of-court settlement, AUTHOR will be liable to indemnify PUBLISHER for defense and settlement costs if AUTHOR's warrantees are found to be invalid.

[Translation: This says that the book is yours ... that you are the author, and have the right to give us the exclusive rights to sell the book for you. If you had it published before, then you guarantee to us that the publishing rights have reverted to you so you can grant them to us. If another publisher attempts to sue us because they still had publishing rights, then Phaze Books is NOT LIABLE for anything. You are the person who will pay the price by either settling with the other publishing company and/or reimbursing us for any costs and settlements that we had to pay out. Basically, you swear that you have the right to allow us to publish the book. If you don't have those rights to grant us, you'll be paying out large sums of cash to a lot of people. The moral of the story ... be sure, absolutely sure, that you are the owner of the publishing rights to your book—free and clear.]

Section V. Copyright Ownership

The AUTHOR is the owner of the copyright of the WORK. As a condition of this Agreement, the PUBLISHER agrees to print in every copy of the WORK a Copyright Notice identifying the AUTHOR as the owner of the copyright in the manner that complies with the regulations of the US Copyright Act and the Universal Copyright Convention.

[Translation: It's your book, you own it. And we'll tell everyone it is your book by printing a copyright notice in each copy.]

Section VI. Copyright Registration

AUTHOR will be responsible for registering the copyright with the U.S. Copyright Office, including payment of any fees and the costs of preparing printed and/or electronic documentation of the work as required by the U.S. Copyright office. PUBLISHER shall be listed as the publisher of the WORK in all formats indicated in Section I.

AUTHOR understands that if AUTHOR chooses not to register the copyright with the U.S. Copyright office, AUTHOR may be limited in the damages that could be awarded in court if there is a copyright violation. PUBLISHER will place a copyright notice on all versions of the WORK, using the year of first release if no other information is available.

[Translation: It's your book, you own it. (We said that already.) For your protection, you need to copyright the book. If you don't do it, you may have legal hassles if someone steals part or all of your book for theirs. We can't copyright it for you as we don't own it. That is your responsibility. We can send you the forms and instructions to do it though. Not a hard thing to do, really.]

Section VII. ISBN

PUBLISHER will obtain and assign ISBN (International Standard Book Number) for the WORK. PUBLISHER will assign as many ISBN designations as required by the various publication formats listed in Section I. PUBLISHER will use the assigned ISBN(s) as part of the formal identification, and will notify Books-in-Print and/or other equivalent service(s) of the ISBN(s) of the WORK.

[Translation: Because all books need an ISBN number for identification purposes, we'll buy one for each edition of your book. Kind of like a birth certificate or social security number. For that book, that edition, each number is unique. And it is tied directly to Phaze Books, so it can't be used by you or any other publishing company.]

Section VIII. Selling Price

PUBLISHER will set the retail price ("cover price") of the WORK, based on length, comparable works and format. PUBLISHER reserves the right to raise or reduce the price as needed to stimulate sales.

If rights have been granted for Traditional Print run paperback books, hardcover books, or audio books, PUBLISHER will decide the quantity of books to be printed in the initial and subsequent print runs.

[Translation: Cover price is really figured on several factors: 1) size of book (tall/wide), number of pages, genre, what your book is about, even how popular of an author are you. We try to get the best mix of how large an amount can we get versus what is a good selling price. More money per sale means more royalties and profits, but too high a price means the book won't sell. We have specific formulas for calculating the price of your book.]

Section IX. Royalty Commissions

In compensation for this grant of rights, the PUBLISHER hereby agrees to pay AUTHOR the following Royalty Commissions:

• [  ]  40% of Net Sales from the sale of all downloaded electronic editions of the WORK.



• [  ]  40% of Net Sales from the sale of all electronic editions of the WORK distributed on CD ROM.



• [  ]  12% of Net Sales from the sale of all bound printed editions of the WORK. (if applicable)

Net sales are defined as the Total Dollar amount received by the PUBLISHER from the wholesale or retail sale of the WORK minus the printing expenses, costs to sell, and total dollar amount of any returns of the WORK. Wholesale amounts vary with each wholesaler/distributor. Consignment placements are not sales until the merchandise is both actually sold to the end consumer and PUBLISHER receives payment.

AUTHOR will receive no royalties on copies of WORK considered complimentary, i.e., those used for charitable, advertising, and review purposes.

[Translation: This talks about your share of the sales—called royalties. You will receive a percentage of every book actually sold. The percentages are listed above. You book may be sold directly by us, in which case it will be for cover price or a small (10-25%) discount and you'll make the most profits. If we wholesale the book, like to Amazon.com, they take a hefty chunk off the top (their 'discount') and your royalty percent is on what we actually get paid for the book. Our percentage split of the profits always remains the same. If we give the book to a bookseller to sell, no royalties are paid until they sell it and until they pay us. Some wholesalers can take upwards of 4 months to pay for a "sold" book. Some bookstores, who order directly from us, can take upwards of a year to pay. Once payment from wholesalers or bookstores is received, it will go into that quarter's royalty report and royalties will be paid. Also if we give copies of the book away, for example to a reviewer, no money is received so no royalties are paid.]

Section X. Royalty Payment Schedule and Statements

Royalty statements will be produced and forwarded to AUTHOR monthly, approximately one month after the end of the calendar month (i.e., a report for March sales and the payment will be sent at the end of April). Royalties earned for the month shall be paid contemporaneously with issuance of the royalty statement. Payments will be made by physical check or electronic payment in United States dollars.

Royalty amounts that do not exceed $50.00 for the month will not be paid that month, but will be accumulated until an amount of $50.00 or greater in royalties is met. At that time royalties will be paid with the next monthly statement. AUTHOR will receive a monthly royalty statement regardless of whether a royalty check is issued.

AUTHOR understands that royalties will be paid in the month copies of the WORK are paid for by consumers, distributors or vendors. If distributors or vendors delay payment to PUBLISHER, PUBLISHER is not obligated to pay the royalty until it has been paid by the distributor or vendor.

If sales in any calendar year are $600.00 or higher, PUBLISHER will provide a 1099 statement of royalty earnings. If sales in any calendar year are under $600.00, the PUBLISHER may issue a 1099 at its discretion. Payment of taxes on royalties is the sole responsibility of the AUTHOR whether or not a 1099 is issued.

If the AUTHOR should die before all royalties have been paid, PUBLISHER will pay royalties to AUTHOR's heirs, assigns or beneficiaries.

It is the AUTHOR's responsibility to communicate with the PUBLISHER any change in Taxpayer Identification Number or Social Security Number, Postal Mailing Address, telephone number(s), Electronic Mail address or bank routing number if royalties are paid by Electronic Funds Transfer. If the AUTHOR fails to advise PUBLISHER of any changes in the above that prevent the timely payment of royalties, the PUBLISHER is authorized to hold, without penalty, payment of royalties until current information is received. If a check sent by regular post is returned by the post office or express delivery service as undeliverable, the PUBLISHER shall first attempt to contact AUTHOR by all existing contact information before unilaterally withholding payment of royalties.

In the event that additional WORKs by the same AUTHOR are currently being marketed by the PUBLISHER, royalty accounts from all such titles shall be combined with that for this WORK.

PUBLISHER will keep accounts of all receipts regarding the WORK, and these accounts will be available for AUTHOR's inspection. AUTHOR may, on 60 day notice, through AUTHOR's designated representative, examine PUBLISHER's records that relate to the WORK. Such examination shall be at AUTHOR's expense, unless errors in excess of $100 of royalties or other sums due the AUTHOR by the PUBLISHER shall be found in AUTHOR's favor. In that case, PUBLISHER shall defray all reasonable costs of the examination and pay AUTHOR any sums due, up to the amount owed AUTHOR by PUBLISHER, within thirty (30) days.

AUTHOR’s royalty statement will include: Date of the Royalty Period; Title of WORK; Number of Copies Sold During Royalty Period (broken down by printed and electronic versions), and Net Total Dollar Amount of all Sales; Number of Copies Returned During a Royalty Period, and Total Dollar Amount of all Returns; Net Dollars Owed During a Royalty Period; Royalty Percentage Rate (broken down by printed and electronic versions); Withholding Amount if applicable; and Dollars Owed to AUTHOR.

[Translation: This details your royalty payments. You'll get a statement from us saying how many books were sold, how much we collected, and what your cut of the action will be. You'll get this each month (approximately a month after the sale month ends). If the royalties total $50.00 or more, we send you the money with this statement. Otherwise, we accumulate your royalties until they reach $50.00 or more. If your address or any other information changes, you are required to let us know—helps keep everything neat, tidy, legal, and running smoothly. The statement we send will be accurate. If you have doubts, you can have us audited (for the records of your sales only), but you pay for the audit, unless a discrepancy is found that totals more than a $100 increase in royalties due. The last paragraph tells you what all will appear on your royalty statement.]

Section XI. Editing

PUBLISHER has the right of final approval of AUTHOR's manuscript. PUBLISHER may assign an editor to WORK with AUTHOR in making revisions. The AUTHOR will be notified prior to any and all substantial changes, which will be made only with the AUTHOR's approval and participation. The AUTHOR will not be required to pay for the services of any editor assigned by PUBLISHER. PUBLISHER will provide a proofing copy of the WORK, which AUTHOR must correct and return within an agreed upon time. If the proofing copy is not received as agreed, PUBLISHER has the option to delay release or terminate the agreement as warranted. PUBLISHER may make corrections of typographical errors without AUTHOR's consent.

[Translation: We will edit your book. We'll send you a proof and you are required to check and edit your book. You must get the proof back to us as promised or your book may be delayed in release.]

Section XII. Cover Art and Back Blurb

PUBLISHER shall provide cover art at its own expense. AUTHOR will be asked to produce proposed back blurb text and suggestions for cover art. If AUTHOR wishes to provide AUTHOR's own cover art, some or all of this cover art may be at AUTHOR's expense. If AUTHOR engages an artist to produce an alternative cover, AUTHOR must present documentation that AUTHOR has permission to reproduce the proposed cover art from the copyright owner, or warrants that the cover art is in the public domain. If AUTHOR provides AUTHOR's own cover art, AUTHOR is responsible for formatting it in an appropriate graphics format of suitable reproduction quality. PUBLISHER will give credit in the published WORK to the cover artist. PUBLISHER has final approval of any cover art and back blurb material.

[Translation: We will have a cover made for your book. If you have a cover or cover art available we will use it at our discretion. We will make every attempt to use your cover if possible. If you hire an artist to do your own cover, you pay for it and you will own it, and you must give us paperwork showing that ownership.]

Section XIII. Preparation of Manuscript

The AUTHOR shall provide an acceptable, final revision of the manuscript in electronic format with any revision requested by the PUBLISHER within the time agreed upon and within reasonable limits. Electronic format used will be Microsoft Word® or Rich Text Format (RTF) as mutually agreed upon. Specific margin, header, font, line spacing and other particulars of manuscript format will be provided in a separate document stating PUBLISHER's guidelines. The WORK may be transmitted to PUBLISHER as an attachment to electronic mail. It is the responsibility of the AUTHOR to keep a complete copy of the manuscript available in digital form in the event of computer failure at the PUBLISHER.

[Translation: We need an RTF (Rich Text Format) or Microsoft Word® file to typeset your book. E-mail that file to us. Make sure you keep an original copy.]

Section XIV. Title

PUBLISHER has final approval of release title of the WORK. Every attempt will be made to use the title suggested by the AUTHOR, but PUBLISHER has the option to change the release title if the AUTHOR's suggested title is too similar to any books already in release by PUBLISHER or recent releases from any other PUBLISHER or if PUBLISHER deems that a more appropriate title is necessary. In the event of a title change, AUTHOR will be given an opportunity to suggest alternative titles.

[Translation: You pick the name of your book. However, under certain circumstances, we may ask you to rename it (i.e., you can't call your book Gone With The Wind, even if it is about kite flying.]

Section XV. Formatting

PUBLISHER will be responsible, at its own expense, to prepare the WORK for release for all formats outlined in Section I. This would include all conversions from the manuscript into various digital formats and print formats. PUBLISHER will make the WORK available in all its regularly marketed electronic/digital formats. The exception to this provision is for WORKs containing a substantial number of color graphics and/or illustrations that are not translatable into all electronic formats. In WORKs of this type, PUBLISHER will format for those digital programs best suited for the nature of the WORK. If a particular formatting type is controlled by the distributor/vendor, PUBLISHER will prepare the WORK in a manner acceptable to that distributor/vendor and submit it to them for formatting. PUBLISHER may not be able to control when the distributor/vendor completes the formatting and places the WORK in the stream of commerce.

[Translation: We'll take care of all the grunt work to produce your book in the various formats/editions that we licensed from you.]

Section XVI. AUTHOR's Name or Pseudonym

The AUTHOR has the exclusive right to the use of AUTHOR's name or pseudonym listed as the AUTHOR in connection with this WORK. PUBLISHER cannot prevent AUTHOR from using the same name or pseudonym for any other PUBLISHER or for any other book genre. PUBLISHER will have a non-exclusive right to use AUTHOR's name, likeness and biographical material for the purposes of advertising, publishing and promoting the WORK itself.

[Translation: You can use your pen name or real name, we don't care. We have the right to use whatever name you put on your book for website promotion and other advertising.]

Section XVII. Ownership of Characters

Except as allowed under the sections of this agreement governing promotion of the WORK, AUTHOR owns the characters and controls their use in sequels or series books, whether published by PUBLISHER or another PUBLISHER. PUBLISHER will have a non-exclusive right to use the title, and all material, including characters in the WORK, for the purpose of advertising, publishing and promoting the WORK.

[  ]  (check if applicable) If the AUTHOR writes another WORK that is a sequel to the WORK covered in this agreement, using an identical theme and/or major characters from the contracted WORK, PUBLISHER retains a right of first refusal for the subsequent WORK. If PUBLISHER does not accept for publication this additional WORK within 90 days of submission, it will be considered refused and the AUTHOR will be free to market rights to the new WORK without encumbrance.

Nothing in this agreement shall obligate the AUTHOR to submit any additional, unrelated WORKs to PUBLISHER.

[Translation: It's your book, your characters. We have the right to use your character names from your book for website and other advertising. If you write a sequel to a book that we published for you, we would like first dibs.]

Section XVIII. PUBLISHER's Name and Trademark.

The AUTHOR will not have rights to, or in, any trademark, service mark, trade name or logos used by PUBLISHER, unless expressly permitted to do so in writing. The AUTHOR may, with PUBLISHER's permission, have limited use of PUBLISHER's marks, symbols or name for use in approved promotional material. AUTHOR may use the cover art in AUTHOR's promotional material. PUBLISHER's provided and/or copyrighted cover art may not be used by other PUBLISHERs producing the WORK in formats not listed in Section I without permission of PUBLISHER. Any remuneration for the use of this cover art will be separately negotiated between PUBLISHERs.

[Translation: It's our company name and logo and you can't use it without our permission. However, we normally say to go ahead and use it on your website or any other promotion for your book. Heck, free advertising is wonderful and goes a long way. Just don't use it in any other fashion, other than your book, without checking with us.]

Section XIX. AUTHOR's Biographical Information and Book Cover Blurb.

AUTHOR will provide PUBLISHER with a publicity biography and suggested blurb(s) for use on book cover, website and promotional literature. A photograph, in either digital (preferred) or hard copy, is optional. PUBLISHER reserves the right to edit or rewrite blurb(s) as necessary for length or content.

[Translation: We need "Author Information" from you, for the book cover, and for our website.]

Section XX. Free Copies to AUTHOR

On publication of the WORK, PUBLISHER shall give AUTHOR the following copies of the WORK for AUTHOR’s own use free of any charge. Royalties shall not be paid on these complimentary copies. Check all that apply:

• [  ]  20 free copies of the eBook edition of the WORK (AUTHOR will be provided with a download link).
• [  ]  5 free copies of the Trade Paperback printed edition of the WORK (if produced).

[Translation: Free copies of your book sent to you. What's not to love?]

Section XXI. AUTHOR Purchased Copies

AUTHOR may purchase an unlimited number of copies in any format at a discount of 40%. AUTHOR will not receive royalties on any copies that AUTHOR has purchased at the discount rate.

AUTHOR may purchase an unlimited number of copies in any format at full retail price, for which regular royalties will be paid.

AUTHOR may resell copies of the WORK AUTHOR has purchased from PUBLISHER. If AUTHOR has purchased copies at discount, AUTHOR's royalty will be the difference between the purchase price and sale price. AUTHOR will be responsible for reporting royalties from resale to taxation authorities and PUBLISHER will be held harmless for any under reported royalties caused by AUTHOR's failure to report royalties earned through resale of copies bought at AUTHOR's discount.

[Translation: You can buy more copies, as many as you want, using your author discount. You WON'T get royalties on those sales though. If you pay full retail, we WILL pay you the royalties. You can sell the books you buy from us, or give them away...they're your copies.]

Section XXII. Promotion and Promotional materials

If the WORK is available in a downloadable format, PUBLISHER may, at its option, provide AUTHOR, consumer or distributor/vendor with a single downloadable master document from which a specific number of copies equal to not more than the number of copies purchased may be made. This will be considered the same as if PUBLISHER provided individual downloads and shall be counted as individual unit sales, even if the AUTHOR, consumer or distributor/vendor fails to make as many copies as s/he has purchased. Any unused copies from a single download master will not be returnable to the PUBLISHER.

AUTHOR has permission from the PUBLISHER to duplicate, at no cost and no royalty, exact text copies in digital or print formats for the purpose of obtaining book reviews or entering competitions or contests. The exception to this rule is if the WORK is already available in a print format, then the AUTHOR does not have permission to make print copies for competitions or contests, but may purchase print copies for this purpose at AUTHOR's discount.

PUBLISHER will provide an unlimited number of electronic copies of the WORK for reviews. If the WORK is not in its final form, PUBLISHER will indicate its status as an Uncorrected Proof. PUBLISHER will select review magazines, periodicals and sites suitable to the type and genre of the WORK. AUTHOR may send copies to additional review sites, provided AUTHOR notifies PUBLISHER of the identity of those sites. AUTHOR must obtain permission to send Uncorrected Proofs or earlier versions of the WORK; otherwise AUTHOR may only send the final release version of the WORK to review sites.

PUBLISHER and AUTHOR agree to supply each other with copies of any professional reviews, either digitally or print copies. Neither AUTHOR nor PUBLISHER is required to provide the other with copies of "Reader Reviews" voluntarily posted by consumers at any online vendor.

PUBLISHER will make every effort to maintain an attractive, updated website. PUBLISHER will not be liable for site downtime or interrupted transmission.

[Translation: This section talks about you buying eBook copies from us. We will give you a download link and you are permitted to make the exact number of copies that you paid us for. You are not allowed to make unlimited copies and sell them or give them away. That would be cutting our collective throats. eBook sales can be a big part of the income, and since you get a much higher royalty, you benefit as well. If your book is published as an eBook only, you are permitted to make print copies to send for a review, a competition, or a contest. But if the book is in print, you can't. You must buy the book from us and send it. We will send out copies to get reviews. No reviews are guaranteed though (we can't make people review it). If we get a review, we'll send you a copy. If you get a review, send us a copy. We will have your book up on our website for sale and advertising purposes. We try to maintain a good looking website.]

Section XXIII. AUTHOR/PUBLISHER Indemnification

AUTHOR shall indemnify, defend and hold harmless PUBLISHER and its owners and affiliates, editors, shareholders, officers, directors, partners, associates, agents and representatives and the PUBLISHER shall indemnity, defend and hold harmless the AUTHOR from any and all claims, debts, demands, suits, actions, liens, proceedings and/or prosecutions ("Claims") based on allegations which, if true, could constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages and expenses including, but not limited to, attorney's fees and court costs. Each party to this Agreement shall give prompt notice to the other party of any Claims. No compromise or settlement of any Claim shall be made or entered into without the prior written approval of the AUTHOR and PUBLISHER. If a Claim if filed, PUBLISHER shall have the right to suspend payments otherwise due to AUTHOR under the terms of this Agreement as security for AUTHOR's obligations under this section.

[Translation: If someone comes after you or us because you made false claims to us (for example: you didn't have the publishing rights after all, or you plagiarized your book), you are financially responsible for any and all money costs.]

Section XXIV. Insolvency of PUBLISHER, Sale of PUBLISHER

If the PUBLISHER files for protection under the Bankruptcy Laws, all rights delineated in Section I shall immediately revert to the AUTHOR. If the bankruptcy filing involves a reorganization and PUBLISHER continues to operate during the reorganization, AUTHOR and PUBLISHER may agree in writing to continue this agreement under the same or revised terms.

If the PUBLISHER suspends operations, other than a temporary suspension for technical difficulties such as a loss of Web Server, all rights delineated in Section I shall immediately revert to the AUTHOR. If the PUBLISHER's operations are ordered suspended by any governmental or police entity, or by Injunction or Restraining Order, all rights shall immediately revert to the AUTHOR. If the suspension is lifted and operations resume, AUTHOR and PUBLISHER may agree in writing to continue this agreement under the same or revised terms.

If the PUBLISHER sells its assets to another PUBLISHER who does or plans to market and promote books of the type and genre of the WORK, the successor PUBLISHER will be bound, as a minimum, to the same terms delineated in this agreement. If the successor PUBLISHER does not or does not plan to market and promote books of the type and genre of the WORK, all rights delineated in Section I shall revert to the AUTHOR not more than thirty (30) days after the sale of PUBLISHER.

[Translation: If we go out of business, your book's rights return to you. If the company is sold, the new owner must honor this contract.]

Section XXV. Copyright Infringement

PUBLISHER is not obligated to initiate legal proceedings should a Claim arise regarding a third party infringing the AUTHOR's or PUBLISHER's rights. If such a Claim arises, AUTHOR and PUBLISHER may sue either jointly or severally. PUBLISHER shall not be held liable for failing to take action upon a Claim.

[Translation: Since you are the copyright holder, it is your ultimate responsibility to go after someone who has pirated your work. As the publisher, we are not obligated to go after the pirate, but we normally do.]

Section XXVI. Laws and Venue

The PUBLISHER is a Limited Liability Corporation, organized under the laws of the State of Ohio. The laws of the State of Ohio shall govern this Agreement. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages.

Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use there of under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts in Ohio. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.

[Translation: We're in Ohio, so this contract is bound by Ohio's laws. Any problems are settled in Ohio arbitrators or courts.]

Section XXVII. Understanding of All Parties

The Agreement contains the entire understanding of the parties with regard to the subject matter hereof and no warranties, representatives, promises or agreements have been made between the parties other than expressly herein set forth, and neither PUBLISHER nor AUTHOR shall be, nor are they bound by, any warranties, representations, promises or agreements not set forth herein. The Agreement supersedes any previous agreement or understanding with respect to the WORK and cannot be modified except in writing by all the parties hereto. Upon execution, this Agreement shall be absolutely binding and fully enforceable and shall inure to the benefit of the parties hereto, their successor, personal representative, heirs and assigns.

[Translation: This contract agreement covers everything we could think of to the best of our abilities. If we or you forgot something, then we can fix it later. Other than that, we all live up to our agreement.]

Section XXVIII. Signatures

IN WITNESS WHEREOF, AUTHOR and PUBLISHER have executed this agreement on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same. If either AUTHOR or PUBLISHER have electronic signature capabilities and both agree to accept an electronic signature as valid, that electronic signature will be considered of identical weight to a handwritten signature.

[Translation: Sign here.]

Signed:

AUTHOR _________________________ Date:____________
Print Name _________________________________________
Pseudonym (if applicable) ______________________________
Address ___________________________________________
City, State, Postal Code, Country ________________________
Daytime telephone number _____________________________
Evening telephone number ______________________________
Email address: _______________@______________________

PUBLISHER: _________________________ Date: _________
Phaze Books
An imprint of Mundania Press LLC
6470A Glenway Avenue, #109
Cincinnati, OH, 45211-5222, U.S.A.
(513) 490-2822