This is our contract as of November 9, 2000. Please note that our contract is revised as authors and literary agents make comments, request clarifications, or make suggestions which we adopt. Contracts offered to authors will be similar to, but not necessarily exactly the same as, this one. Some literary agencies have established a boilerplate contract with us based on an earlier version, which will not be changed or updated except by mutual consent.

Other publishers are welcome to use this contract as a template for their own publishing endeavors; I find it acceptable as an author and would have no qualms about signing it, and many top literary agents feel the same way.

—John Betancourt


Wildside Press
P.O. Box 301
Holicong, PA 18928-0301

AGREEMENT TO PUBLISH A BOOK ENTITLED: (title)

Date: November 9, 2000

To:  (name and address)

This letter of agreement shall formally confirm and define the terms of our agreement regarding publication of "" (The Work), which Wildside Press will publish within 12 months of the above date; if Wildside Press fails to publish the work, all rights granted hereunder shall revert to you upon your written notification.

1. You grant Wildside Press the sole and exclusive right to publish, distribute, and license subsidiary editions of The Work in hardcover, trade paperback, mass-market paperback, book club, electronic (ebook), and print-on-demand formats in the English language in all countries throughout the world.

2. Wildside has the ability to market books through its contracts with subsidiary rights agents. If you would like us to market these rights for you, you MUST check off these rights specifically assigning them to us and initial them. If you do not assign us these rights, you retain them and can market them yourself or through your own agent or editorial contacts.

a. Braille, large print, and other books for the visually impaired. (**Note that these rights are traditionally granted to non-profit companies free of charge, so there would be no additional income from their use.**) Assign to Wildside on an exclusive basis for the term of this contract: (yes/no):______. Initial if yes:_____.

b. Foreign language book and serial rights. Assign to Wildside on an exclusive basis for the term of this contract: (yes/no):______. Initial if yes:_____.

c. Serial, second serial, and anthology rights. Assign to Wildside on an exclusive basis for the term of this contract: (yes/no):______. Initial if yes:_____.

d. Film, television, and other dramatic/performance rights. Assign to Wildside on an exclusive basis for the term of this contract: (yes/no):______. Initial if yes:_____.

3. All rights not specifically granted herein are reserved by Author for Author's sole use and disposition.

4. You hereby warrant to us that The Work has been created by you, that you are the sole and exclusive owner of the rights to your work for The Work conveyed to us under this agreement, and that you have the full power to grant the rights herein conveyed to us.

5. You hereby grant Wildside Press the right and authority to use your names on The Work and in all promotion and publicity for The Work in Wildside Press's sole discretion. Upon request, you shall provide Wildside Press with a photograph of yourself for use by Wildside Press and its assigns.

6. In consideration of the rights granted to us to produce The Work, you shall receive:

a. A royalty on the cover price of books published by Wildside Press as follows:

__% trade paperback

__% mass-market paperback

__% hardcover format.

b. A royalty of 50% of net revenues received by Wildside Press from the sale of electronic editions of The Work (ebooks) in paragraph 1. (Net revenues is defined as the total receipts less any fees paid to distributors or other marketing agents.)

c. 50% of net revenues received by Wildside Press from the sale of subsidiary rights granted in paragraph 1. (Net revenues is defined as the total receipts less any fees to agents, taxes, or similar expenses.)

d. 50% of the net revenues received by Wildside Press from the sale of optional subsidiary rights granted in paragraph 2. (Net revenues is defined as the total receipts less any fees to agents, taxes, or similar expenses.)

7. You agree not to publish another book in a competing market under the same title or containing The Work as a whole as long as this contract is in force.

8. You shall receive 5 free author's copies of any paperbound edition and 2 free author's copies of any hardcover edition as soon as they are printed in bulk for resale through our catalog. (This may occur later than the date when the book is made available through print-on-demand services.) You may purchase additional copies of any editions of The Work published by The Wildside Press, if desired, at a 40% discount off cover price. Royalties will be paid on all copies of The Work you purchase. Royalties will not be paid on free author's copies.

9. Royalties on The Work shall be accounted twice annually, every June and December, by Wildside Press so long as the book is available for sale, so long as there is a minimum of $10.00 (TEN DOLLARS) in royalties due to you. If there is less than $10.00 (TEN DOLLARS) due to you, the amount due may be held over until such time as there is an amount in excess of $10.00 (TEN DOLLARS) due to you.

10. The term of this contract shall be for 4 years. The contract shall automatically be extended at the end of those four years and shall continue indefinitely until you give notice via certified mail that you wish to terminate this agreement. One month after receipt of notice of termination, Wildside Press shall cease to make The Work available on a print-on-demand basis, but shall have the right to sell whatever inventory remains on hand and shall continue to pay all royalties and other monies due to you from sublicensed editions, if any. The contract terms covering sublicensed editions shall remain in effect until said sublicensed editions are out of print and their rights have been reverted to the author or Wildside Press.

11. You shall have the right upon reasonable written notice during usual business hours but not more than once per year to examine through a certified public accountant our records as they relate to The Work at the place where the same are regularly maintained. Such examination shall be at your cost unless errors are found totalling more than ten percent (10%) of the amounts paid, in which case The Wildside Press shall bear such reasonable costs. Statements rendered hereunder shall be final and binding on you unless objected to in writing, setting forth the specific objections thereto and the basis for such objection, within twenty-four (24) months after the date the statement was rendered.

12. The provisions herein shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, and assigns.

13. Regardless of its place of execution, this letter of agreement shall be interpreted under the laws of the State of New York.

14. The foregoing supersedes any and all previous understandings, constitutes our sole and complete agreement, and may not be altered except by mutual consent in writing.

15. Agency clause (if represented by a literary agent)

AGREED:________________________________________, Publisher
                John Betancourt

AGREED:________________________________________, Author

 

SSN/TAX ID:_______________. (U.S. authors only.)

INSTRUCTIONS (not part of this agreement): If these terms are acceptable to you, please print out and sign 2 copies of this agreement and return both copies to Wildside Press, P.O. Box 301, Holicong, PA 18928-0301for counter-signing.