This Agreement is between Firebrand Publishing (FP) and (author) for the work titled ----- with Author Name: ----- . Said parties entered into this Agreement on this date, _________ ; whereas,
GENERAL TERMS AND CONDITIONS
- The author wishes FP to publish the work and grants FP the nonexclusive right to edit, format, print, advertise, distribute and sell, and ship the work in any way FP deems appropriate, and grants FP the right to distribute the work worldwide, and collect all monies for books sold by FP; FP agrees to pay royalties on a quaterly basis to the author, beginning with the last day of the first full month of publication.
- It is the author’s responsibility to submit their book file to us in either .doc, .docx, .rtf. Failure to do so can result in additional charges. FP will assess the manuscript for consistent formatting within a reasonable time-frame and will notify the author of any potential problems associated with the content or formatting. The author will be given the choice of having the file returned to them to make the adjustments or FP will provide a quote to modify the manuscript for pre- publication.
- FP retains the right to determine the appearance of all on-line presentation including but not limited to, on-line marketing, listing, and eBook appearance.
- It is FP’s right to discontinue various promotional items/programs. Additionally, FP reserves the right to make substitutions of various promotional items/programs with prior notification and agreement of the substitution to the author.
- FP is not and will not be liable to the author or any other person/entity for lost profits or revenues due to, relating to or in connection with the submission of Work.
- FP is not and will not be liable to the author for any misplacement or loss of the Work for any reason. It is the author’s responsibility to retain complete records and copies of all materials/files relating to the Work pre and post publication.
- FP reserves the right to amend any portion of these Terms/Conditions at any time with 30 day electronic notice to the author. These amendments include but are not limited to timing, royalty payment structure, programs, special offers, or policies and procedures. All amendments will be considered accepted if FP does not receive a written request to terminate the agreement in writing within 30 days of the notification. All amendments are binding and supersede all previous Terms/Conditions. In the event the author disagrees with any change the exclusive remedy is to provide termination of all Terms/Conditions and publication of their work in writing to FP within the 30 day period.
- FP will provide information about the work to third-party sellers to enable them to sell the work, but will not be responsible for the turn- around times, submission policies, listing policies, errors, or sales policies of any third party seller.
- FP retains the right to establish the discounted price to all purchasers, including, but not limited to distributors, bookstores, schools, libraries, and quantity purchasers.
- FP will not be held responsible for errors in the book, including, but not limited to, spelling errors, grammar, punctuation, style of work, page numbering, corrupted files, computer formatting errors, and missing fonts.
- FP will issue a printed proof book to the author for review and it is the author's responsibility to describe any problems, to FP that the author wishes FP to fix.
- FP reserves the right to reject any work for any reason at any time.
- FP reserves the right to market the work, using methods it deems appropriate and have the right to market and distribute the book worldwide.
- FP will issue a Form-1099 as required by the Internal Revenue Service based on IRS requirements/mandates.
- Upon the author’s completion of FP’s “Proof Approval Form” FP will submit the Work to assorted distribution channels including e- retailers, websites, etc, but will not be liable for delays, errors, non-compliance of such distributors, suppliers, e-retailers, etc.
- Upon the author’s completion of FP’s “Proof Approval Form” the author is authorizing that the Work is acceptable. Any changes or corrections thereafter will be subjected to FP’s post- production submission guidelines and pricing.
- Royalty statements will be sent on a quarterly (every 3 months) basis to the author via email only.
- It is the author’s responsibility to contact FP in the event they do not receive their statement via email in a timely manner.
- It is the author’s responsibility to notify FP of any change in their email address.
The royalty earnings period will be listed on the statement.
- Royalty payments are paid to the author via paypal only. It is the author’s responsibility to notify FP in a timely manner of any change of address.
- FP has a no returns policy for printed books. If you would like to option your book for returns when being ordered by retailers, etc we will provide a full return policy within one year of purchase to bookstores at no charge to the author. Royalties paid on returns will be offset against the outstanding balances due to the Author.
- FP reserves the right to limit the number of books a bookstore may purchase at one time for any single event under our return policy.
- FP is not responsible for, but will endeavor to care for and return, submitted photos and artwork; and will not return any submitted CDs, floppy zip disks, or thumb/flash drives.
- FP will submit to author all completed and raw files for author's records. This can include, edited manuscript, epub book files, pdf book files, psd book files.
- The author maintains that he or she is the sole author of work, and owner of the copyright and all of the contents of the work and has full power to enter into this Agreement; that he or she has not engaged in plagiarism with respect to the work; and that the author, if submitting work that is to include any content that does not originate from the author or to which the author does not own the copyright to, has obtained the copyright owner’s written permission to use any such material and will provide FP with a copy of all written permissions for use at the time of submission to FP, and that all such uses will be so noted in the work; and will send a copy of the Copyright Form to FP after the form has been stamped and returned to the author by the Library of Congress.
- The author guarantees FP that the work is accurate, is not in violation of anyone’s privacy, is not injurious, obscene, libelous, slanderous, or otherwise a violation or infringement of any federal, state, or local law, statute, or code, and further agrees to hold FP, its employees, directors, shareholders, representatives, heirs and assigns, harmless for any damages resulting from any litigation resulting from publication of the work.
- The author further guarantees FP that the work, if fiction, does not include the name and/or likeness of any actual person, living or dead; and that all characters in the fictional work who may have been derived from actual persons have altered names and altered physical attributes, so as to negate any similarity or likeness between the actual person, location, or event, and the fictional character or location, with the exception of historical facts, figures, places, events, etc. as set forth by the USA Copyright laws and regulations.
- The author agrees that FP shall not in any way acquire ownership of the work and that the author is free to pursue any and all publishing ventures that do not involve the use of FP’s name or logo, likeness, barcode, copyright page, or ISBN.
- The author grants FP the right to provide services, including, but not limited to, the worldwide distribution of the book, advertising, sales, and printing of the work.
- The author agrees that FP is not responsible for editing, misspelling, rewriting, page-numbering, indexing, reviewing, or any other errors in the work.
- The author understands that FP will take the author’s digital book file and do its best to fix any obvious problems resulting from the file being transferred to FP’s computers before sending the author a first proof book; and that any changes that's made to the book thereafter, regardless of their origin, will be made at the author’s request.
- The author reserves the right to discontinue the selling of the work by FP by providing written notice to FP, and acknowledges that FP is not responsible for copies of the work that have already been manufactured, sold, and/or distributed to the market.
- The author will provide a Social Security number or Tax I'D as required by the Internal Revenue Service so that FP can issue a Form-1099.
- The author understands that a signature on this agreement ratifies all the terms and conditions of this Agreement.
Details/Pricing/Royalty Structure For Various Methods Of Publication
(All printed publications with or without color):
- Prices for all fiction books are based on an agreed upon price between FP and author.
- Suggested list pricing for fiction books can be altered by author or FP.
- Prices for all non-fiction books are based on an agreed upon price between FP and author.
- Suggested list pricing for all non-fiction and fiction books can be raised or lowered at any time with written notice by the author. FP is not liable for losses incurred by the timely changes of third party sellers.
- Authors will purchase copies of their own books based on the wholesale cost of printing and shipping directly from chosen printers.
- Authors will know their books printed price at the time of publication regardless of suggested retail price.
- Royalty payments will be made to authors based on the nature of the sale (retail, wholesale).
- FP will retain final discretion over the cover price of the Work.
- FP will assign one of its ISBNs to the book and submit relevant information about the work to the "Books in Print" database.
- FP will create a barcode for the back cover (necessary for bookstore related sales) and enter the book into their digital book printing system so that the book may be printed.
- FP will design a professional book cover for the work by laying out the spine, front, and back cover text, and will use either royalty-free artwork of its own acquisition or use acceptable artwork from the author to create a book cover for the work.
- FP will create web pages for the work so that it may be sold on its e-commerce websites, www.firebrandpublishing.com/ and more as they come available.
This Agreement shall be governed by the laws of the State of Georgia, USA. All monetary transactions will be in US dollars only. This written Agreement contains all and is the only Agreement, and supersedes any other agreement, oral, written, or otherwise construed as a prior agreement between the author and FP. This Agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the author and FP; and further, is binding upon the heirs, executors, administrators, and assigns of the author and FP.
If there is more than one author contribution to the work listed in this Publishing Agreement:
The authors must provide ONE point of contact.
If royalties are being paid to more than one author, each author’s royalty calculation will be reduced by 1% by FP for administration costs.
If royalties are being paid to more than one author, FP requires each author to complete a separate General Provisions section
A separate publishing agreement must be completed for each individual title being submitted.
AUTHOR ROYALTIES AND PAYMENTS
Your paperback and hardcover royalties are 100% of the payments we receive from sales of printed copies of your book. These payments we receive are equal to the cover price less trade (wholesale) discount, less the single-copy printing cost (this is the profit margin of the transaction).
Royalties are distributed by Email Quaterly (Every 3 months). No royalty will be paid on author purchases.
Authors may purchase copies of their own title, in any quantity directly from Firebrand Publishing, at the current printing cost, plus shipping and handling charges.
Note: Printing prices are subject to change as market conditions and costs warrant. Contact a Publishing Representative for current printing costs.
DISTRIBUTION SERVICES AND FEES
We offer both Short-Run and Full Market Distribution services. Short-Run distribution books are not digitally catalogued or marketed through participating retailers, they are, however available for order directly from Firebrand Publishing.
Full Market Distribution includes annual distribution and digital cataloguing and requires a $50 annual fee. This fee is waived for the first year at initial set up but will be charged each year thereafter for any title set up to be ordered through the distribution channels. The digital catalog provides standardized BISAC subject coding (required for any title set up for distribution) with up to three subject categories, detailed title listings in all daily catalogs provided through Ingram, Baker & Taylor, Amazon.com, Amazon UK, Whitakers/Bookdata, Gardners, etc.).
ALTERATION FEES ($50.00 / per hour, $75.00 / per hour for web)
If you decide to make editorial changes (author’s alterations) or cover design changes to your submission after you have approved the design or marked the process as complete (ex. cover design, editing, website, etc) , we may find it necessary to charge you an alteration fee to defray the additional expense. An alteration fee will also be charged for web changes if we find it necessary. We define an alteration as an authors change to text or template while your book is in production. These fees will be charged to your credit card (a credit card number must be provided in the event that you request changes with the applied fees)