Sample Contract

We believe in being up front about what poets and writers would gain from publishing us. Do note that any profits made from publication with us will be invested back into the press and, therefore, the artist. We strive to operate as a non-profit profit press. Below is a sample contract:

Stasia Press Electronic Publishing Contract

This contract is entered into effect on 00/00/0000 between Stasia Press (hereinafter the “Publisher”), based in Lafayette, Colorado, U.S.A. and (hereinafter the “Author”) of (address): XXXX Street Name, City, State, Zip Code, U.S.A. This contractual agreement concerns the work(s) presently known as Title of Work to be published and distributed as Title of Work (hereinafter the “Work”).


I. Warrants

A. The Work is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts;

B. The Work does not infringe upon any copyright or proprietary right, common law, or statutory law, and does not contain any material of libelous nature;

C. The Work is not in the public domain and the Author is the sole owner and copyright holder of the work with full power to enter into this contract;

D. If the Work has never been previously published in whole or partly, the Author currently holds all copyright of the Work and is legally permitted to enter this agreement;

E. The Author releases Publisher from any responsibilities relating to any legal actions, including other authors plagiarism, incurred by the contents of the Work or the Author; and

F. The Publisher will appropriate ISBNs for the Work.


II. Grantor of Rights

A. The Author, on behalf of him/herself and his/her heirs, executors, administrators, and successors, agrees to grant the Publisher exclusive English language rights to produce, publish, and sell the Work in the following formats:

  • Electronic format including but not limited to: email, download, disk, CD, or any other format known or to be invented;
  • Worldwide print rights, and
  • Audio rights.

B. If the Work is part of a series, the Publisher requests first refusal rights for any book written in the series. This will include same or similar characters, similar speakers, same or similar story or collection of poems, or any other means that warrants and defines a “Series”.


III. Term of Contract

A. Electronic rights (excluding print and audio) will be exclusive for Three (3) years commencing on the date the Work becomes available for sale on the Publisher’s site. After such time, the contract will automatically renew if the Author does not request them back.

B. Audio rights (excluding print and those defined above) will be exclusive for Three (3) years commencing on the date the Work becomes available for sale on the Publisher’s site. After such time, the contract will automatically renew if the Author does not request them back.

C. Print Rights (excluding those defined above) will be exclusive for a minimum of Three (3) years and no later than Five (5) years depending on if there are any physical stock of the book; commencing on the date the printed Work becomes available for sale on the Publisher’s site. After such time, the contract will expire, becoming and void at such time and date; and all rights will revert back to the Author unless the Author sends written notification via email to renew the contract.

D. Publisher may terminate the contract at any time for reasons such as lack of cooperation or resolution of disagreements between author and publisher, slander or libel against the publisher, staff, or other authors, or failure to meet reasonable editing deadlines without notifying the publisher of a problem. Publisher must provide author with written notice of contract termination and author is not responsible for paying any editing, promotional, marketing, or book making fees at time of contract and/or publication.

E. Should the Author wish to terminate the contract earlier than the Three (3) years and the reason is deemed trivial and cannot be resolved, a termination fee may (or may not) be charged that will be set at the time of the rights reversal request and shall not exceed $50.00 (Fifty dollars) per month left on the contract.


IV. Manuscript Preparation

A. Author shall provide an acceptable, final revision of the manuscript in either Microsoft Word or RTF within the time agreed upon or this contract will be void. Author and Editor must work together to adhere to Stasia Press’ in-house style guide which is built on the Modern Language Association of America and Publisher preferences. Publisher reserves the right to have final say in editing choices as long as it does not interfere with the Author’s voice. Publisher will not be held liable for lost manuscripts or defective disks. It shall be the responsibility of the Author to maintain backup copies of any and all work(s).


V. Royalties

A. Publisher agrees to pay to the Author, a royalty of 40% (forty percent) of the retail download price in United States dollars (USD) on all sales of the Work sold through the Publisher’s website as an eBook and 35% (thirty-five percent) of gross less distributor cut on all sales of the Work sold through other vendors, distributors, bookstores, organizations, or other outlets of electronic books that sell the Work as an eBook in association with the Publisher’s Name. If the Work is purchased on disk or CD, the royalty will also be 30% (thirty percent). If the audio rights are granted to the Publisher, the royalty will also be 25% (twenty-five percent).

B. Publisher agrees to pay to the Author, a royalty of 20% (twenty percent) of the cover price in United States dollars (USD) on all sales of the Work sold through the Publisher’s website as a Print Book and 15% (fifteen percent) of gross less distributor cut on all sales of the Work sold through other vendors, distributors, bookstores, organizations, or other outlets of books that sell the Work as a print book in association with the Publisher’s Name. If the Work is purchased at a convention at the publisher’s table, the royalty will also be 30% (thirty percent). If the Work is purchased at a convention at a table that is selling the publisher’s work but the publisher is not the active party selling, the royalty will also be 25% (twenty-five percent) of gross less any fees the reseller charges.

C. In order to stimulate sales, the Publisher reserves the right to lower the price of the Work.

D. If story or collection of poems is offered as an outright purchase, agreed upon purchase is ___________ and is a one time payment. Parts E to H no longer apply is this field is filled out and is greater than $0.00 (Zero). Payment will be made in the month when the book is finished the editing process.

E. If earned and stated royalties are below $75.00 monthly, Royalty Statements shall be calculated and sent within 45 calendar days after Quarter end. Royalties shall be paid within 45 calendar days after Quarter end (Quarter Ends: March, June, September, December) in accordance to the following: PayPal payments shall be greater than or equal to $5.00 USD, check payments (including Direct Deposit payments) shall be greater than or equal to $15.00 USD; should amounts be less than the above stated minimums, the total shall be carried over to the following month until the accrued monies equals the minimums. Royalties shall be paid by Direct Deposit or PayPal. Authors who chose PayPal for payment will take note that Publisher will not cover any PayPal fees.

F. If earned and stated royalties are above $75.00 monthly, Royalty Statements shall be calculated and sent within 15 business days after Month end. Royalties shall be paid within 30 days after Month end in accordance to the following: PayPal payments shall be greater than or equal to $5.00 USD, Direct Deposit payments shall be greater than or equal to $15.00 USD; should amounts be less than the above stated minimums, the total shall be carried over to the following month until the accrued monies equals the minimums. Royalties shall be paid by Direct Deposit or PayPal. Authors who chose PayPal for payment will take note that Publisher will not cover any PayPal fees.

G. The Author is responsible for paying his/her own taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes. It is the sole responsibility of the author to attain all proper documentation according to their federal laws governing taxes.

H. Author shall have the right, upon reasonable notice and during usual business hours, to engage a certified public accountant to examine the books and records of Publisher relating to the author’s publication(s) at the place where such records are regularly maintained.


VI. Marketing and Promotion

A. The Author shall provide the Publisher with biographical information and a suggested blurb for use on Publisher’s website. Author agrees to give Publisher the right to use the Author’s name, likeness, title of work and biographical material for publishing, advertising and promoting the Work. Publisher reserves the right to edit or rewrite the blurb submitted by Author.

B. Publisher will provide cover art. Author cannot provide their own cover art unless that author is also a contracted artist with Publisher. Publisher is not required to use any image that author provides regardless if the image is original, rights owned, purchased, or otherwise.

C. Publisher reserves final approval of art in consultation with Author. If the Publisher and Author cannot come to an arrangement for the cover, the final “for sale” version of the cover will be left up to the discretion of the Publisher and the author may not discriminate or act out against decision.

D. Author agrees to self-promote the Work at the Author’s expense. Publisher will produce a promotional packet for Author’s use in promotion. If Author has his/her own website, the Work must be linked to the Publisher’s website. With any promotional material the Author generates, the Author will consult with Publisher to insure proper use of the Publisher’s name and/or other information.

E. Author agrees to participate in any promotion that the publisher arranges; things such as, but not limited to, Blog Tours, interviews, discussions, etc. Publisher will try to schedule them around the Author’s availability. If the promotions require a physical presence of the Author, it will be at the Author’s expense.

F. Author may use up to Three (3) chapters (or 20% of the work) or up to Five (5) poems to post on his/her website or to give away as “teasers” to promote the work provided it includes a link to Stasia Press. Authors may obtain up to Five (5) free digital copies of publication to use for promotions and marketing endeavors. They may print off the pdf Five (5) times and give it away, but may not print it off for monetary purposes.

G. Publisher will send out the work for review to no less than Three (3) review sites. Author is encouraged to solicit reviews along with Publisher at which case, the Author Copies will not count towards books sent to legitimate review sites. For added promotional purposes, Publisher and Author agree to notify each other as to what review sites submissions have been made.

H. The Author agrees to send the Publisher or Author’s Editor a marketing campaign outlining in detail what the Author is planning on doing for marketing of this contracted title. The Publisher acknowledges that certain circumstances may arise that prevents or limits the promotion of said title, but will require the Author to complete said marketing campaign.

I. Author grants Publisher permission to include book information, excerpts, and bios in press releases to other industry resources that may include agents, print publishers, and other published authors.

J. If the Work is released in Print, Author may purchase copies at a discount of 40% (forty percent). Author agrees that they will not receive royalties for these copies. Author will receive 2 free “Author Copies” at time of their first order or no later than One (1) month after the print release date.


VII. Assignment

A. Stasia Press may at any time sell itself, or the majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.

B. Bankruptcy: If Stasia Press is legally judged bankrupt or liquidates its business, this Contract shall be terminated effectively and all rights granted to “Stasia Press” shall be terminated. Author shall be paid in full by Stasia Press any unpaid royalties accrued from sales of her works as of the date of judgment of bankruptcy and or liquidation of its business.

C. Rights: If Publisher suspends operations, removes website from the internet or fails to respond to any written or electronic correspondence, other than a temporary suspension for technical difficulties such as a loss of Web Server or other suspension not lasting more than Sixty (60) days, all rights outlined in this agreement are terminated and all rights are immediately reverted to the Author.


VII. Lending

A. Some distributors and/or websites allow a lending program. The Publisher does not and will not engage in a lending program in any way, shape, or form, nor will the publisher set up a lending arrangement with the Author(s) nor on a case-by-case basis if the Author(s) enter a state of poverty, endangerment upon the Author’s life or livelihood, or in the event of an emergency.


VIII. Audio Books

A. The Publisher may or may not hire a third party to produce, distribute, and sell the audiobook version of a story or collection of poems. The Three (3) year and no later than Five (5) year right grant is non-negotiable as this is the right grant the third party requests. The Author may opt out of having their book produced as an audiobook but notice must be given at time of signing this contract.


IX. Entire Agreement

A. This Contract hereby constitutes the entire agreement between Author and Publisher and supersedes all previous agreements regarding the Work, whether oral or in writing. Modification of this contact may only occur in writing, signed by both parties. Stasia Press utilizes electronic online contracts for the convenience of our authors. In filling in the place reserved for your name in this document you are providing a legally binding signature per the Electronic Signatures in National Commerce act. Stasia Press records your government issue ID at time of signing in order to authenticate this contract.

B. The owner of Stasia Press is entering into this contract in good faith and certifies their intent to honor it to its full extent by signing and sending the contract to the author. This contract can be viewed by any party by using the link provided to them at time of signing.


Signatures

Author: _____________________________ Stasia Press: ________________________

Date: _______________ (YYYY-MM-DD) Date: _______________ (YYYY-MM-DD)

SSN or Govt ID: _____________________

If Other ID, specify: _________________