Anthology Terms and Conditions
Collaboration on Authorship
The parties to this Agreement agree to collaborate in publishing an Anthology which will be referred to in this Agreement as “the Work.” The “parties” shall also fully and completely cooperate concerning the promotion and exploitation of the Work.
This is not a joint work, and the contributing authors are not considered copyright owners; however, the contributing authors will retain the exclusive rights to their contribution.
This collaborative work will not result in an equal ownership split among the authors. Contributing authors are permitted to sell the Work in person or on their websites for 100% of the profit from these aforementioned sales.
The Flame Publishing with Dr. Deborah Allen from Missouri will be referred to in this Agreement as the “presenting entity”, but the contributing authors that contribute to the book will be given credit for that specific contribution.
The “presenting entity” agrees to keep the others informed of matters regarding the exploitation of the Work, including but not limited to offers, negotiations, and communications from interested third parties.
Responsibilities of Each Party
The “presenting entity” is responsible for executing the following services:
Paperback and eBook cover design
Interior design and layout
eBook formatting & conversion
Digital platform distribution (Amazon and Barnes & Noble)
Copyright, ISBN, LCCN & Barcode
Initial marketing & set-up collateral
Assistance with the planning, release, and promotion of Book Launch and E-Book Launch Events
Media Kit for Book Promotion
Amazon Bestseller Campaign
The Contributing Authors are responsible for the following:
Paying a non-refundable contribution fee of $1000.00 per person to cover the cost of producing the work
Providing their full contribution
Providing the main author with a 150-word bio, including contact info
Providing the main author with a professional photo/headshot
Meeting all project deadlines
Promotion of the book via social media and word of mouth
If you do not meet the obligations, you will forfeit your spot in this anthology after the second warning.
Any contract that in any way affects the rights of the work must be signed by both parties. Only the “presenting entity” may grant a power of attorney to the other party for this purpose.
Changes in Completed Work
Only the “presenting entity” will have the right to make any changes to the completed work except for the contributing authors’ contributions. If changes are required to be made to the contributing authors’ contributions, written consent will be required from the contributing author.
All contracts concerning rights in the work will be duplicated, and each party will receive a copy thereof. Contributing authors will not enter into any agreement with a third party concerning the rights to the completed work unless that agreement has been authorized by the “presenting entity”.
Contributing authors will not enter into any agreement concerning the completed work unless that agreement has been authorized by the “presenting entity” and the agreement contains a provision specifying that authorship credits shall be as outlined in this Clause. Each Contributing Author’s name will be listed on all Digital distribution platforms.
It is agreed to and understood by the parties that the materials provided by each. Each should be held in the strictest confidence until such materials are accepted for publication or other exploitation. For any other documents or material communicated as being confidential, such as this agreement and the book project overview, the confidentiality period shall be at least 100 years from the date of such communication.
Force majeure shall mean any unforeseeable and exceptional event affecting the agreement and the implementation of the projected by one or more parties, which is beyond their control, is unforeseeable and insuperable, and cannot be overcome despite their reasonable endeavors. Any default on the part of the party does not constitute force majeure.
Division of Expenses and Profits
There will be no division of profits between the “presenting entity” and the contributing authors or between the contributing authors.
All profits from the exploitation of the Work will be as follows:
Sandra E. Jackson is entitled to 100% of all eBook sales. All in-person sales where the “presenting entity” is the merchant, and all website or internet sales where the “presenting entity” is the merchant or owns the merchant entity or account.
Contributing authors are entitled to 100% of all in-person sales where the contributing author is the merchant and all website or internet sales where the contributing author is the merchant or owns the merchant entity or account.
All expenses incurred by the “presenting entity” in the production and publication of the Work will be covered by each author’s contribution of $1000.00 (USD). No refunds will be issued.
The parties agree that each shall be solely responsible for his or her tax payments, and neither shall hold the other liable for any default, delinquency, misfilings, or penalty related to such tax payments, whether at local, state, federal, or international levels.
Term and Termination
This Agreement shall come into force as of the date of its signature by the parties. This Agreement will remain in effect throughout the term of the copyright and any extensions of the copyright in the Work. If the presenting entity dies during the term of this Agreement, the presenting entity’s next of kin will have the exclusive right to act in all respects as though the next of kin were the “presenting entity”. If one of the contributing authors dies during the term of this Agreement, the surviving party will have the exclusive right to act in all respects as though the survivor were the contributing author of the Work contribution; provided, however, that the name of the deceased party will continue to appear in all credits as specified in the section of this Agreement entitled “Authorship Credit”. The decedent’s estate will be entitled to receive all monies and documents that the descendant, had the descendent lived, would have been entitled to receive under this Agreement.
Any default by either party under this Agreement, including but not limited to a breach of obligation and covenants, a failure to accord or adhere to publishing or other schedules, a failure to exploit, unauthorized exploitation, or an unauthorized assignment or sublicense (“Event of Default,”) shall give the non-breaching party the right to demand in writing that the breaching party cure the Event of Default within fifteen working days, after which time the non-breaching party shall have the right to terminate this Agreement if such default is not cured immediately. If a breach occurs after acceptance of the final draft of the manuscript for the Work, the breaching party shall nonetheless fulfill his or her obligations concerning promotion.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation under any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may seek an alternative resolution under any other rights and remedies afforded to them by law.
This Agreement will be governed in all respects by the laws of the state of Missouri & Indiana.
All notices to the parties will be in writing and will be sent to the address of the party stated at the beginning of this Agreement by overnight mail.
This Agreement is the “presenting entity” and contributing authors’ entire Agreement that replaces and supersedes all prior written and oral agreements concerning this Agreement's subject matter.
Severability of Invalid Provisions
If any provision of this Agreement is deemed unenforceable, that provision will be omitted only to the extent necessary to make this Agreement valid and enforceable, and the remaining provision will remain in full force and effect.
Amendments or changes to this agreement shall be valid only if made in writing and signed by each party.
The headings are inserted for the convenience of reference only and are not intended by the parties to be a part of or to affect the meaning or interpretation of this Agreement.
No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing, signed, and dated by the party claimed to have waived or consented.
No Joint Venture
This Agreement shall not be construed to place the parties in the relationship of partners or joint ventures nor constitute any party the agent of any other party, and neither party shall have the power to obligate or bind the other party in any manner whatsoever.
Reservation of Rights
Any rights not expressly granted by a party to this Agreement are reserved to that party. Nothing in this Agreement shall be construed without limiting the foregoing to prevent the parties from creating a work not involving the Work.
Each member must execute all additional documents and take all actions as are reasonably requested by the other members to complete or confirm the transaction contemplated by this Agreement.
Successors and Assigns
This Agreement shall be binding upon the parties’ heirs, assigns, successors-in-interest, executors, administrators, and any other persons or entities acquiring as interest through transfer, conveyance, succession, or inheritance, as may be permitted herein.