Fill and Sign the Agreement Literary Form

Agency Agreement between Writer and Literary Agent Agreement made on the _______________ (date) , between ____________________ (Name of Author) , of __________________________________________________________ _________________ (street address, city, state, zip code) , referred to herein as Author , and ________________________ (Name of Agent) , of ___________________________________ _____________________________________ (street address, city, state, zip code) , referred to herein as Agent . Whereas, Author writes _________________ (type of work) for profit and desires the services of a professional agent in finding and negotiating with purchasers of such material; and Whereas, Author presently has no binding contractual obligation with any literary agent or with any person having duty or authority to negotiate on behalf of author for the sale or license of the right to use Author's writings; and Whereas, Agent commonly represents writers, and for a fee of a percentage of payment made to Agent's clients, agent endeavors to find the most appropriate market for their writings and to negotiate the most favorable agreements on their behalf; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Term of Agency A. Author employs Agent for a term of ______ (number) years to render services as Author's sole and exclusive Agent in negotiating or assisting in the negotiation of the sale, lease, license, or other disposition of all literary, dramatic, or musical property and all rights in such property of which Author is the proprietor. B. Notwithstanding the term of this Agreement, the obligations of author established in this Agreement shall continue for the duration of any contracts concerning literary production that author executes during the term of this Agreement, but only with respect to the subject matter of the contracts. 2. Property The word property as used in this Agreement includes, but is not limited to books, plays, stories, episodes, musical compositions, lyrics, ideas, characters, trade names, or trademarks, and any and all interests in such property now owned by author or subsequently acquired during the term of this Agreement. It shall also include all package programs and any and all rights in or to them. The term package program is defined as a program or a portion of it, transmitted by radio, television, or any related process now or later used, consisting of literary, dramatic, or musical performers or property, ideas, characters, trade names, or any combination of the same, or the services of persons or performers used in the preparation and presentation of the same, or any combination of all or part of the foregoing. 3. Agent’s Duties and Obligations Agent shall endeavor, during the term of this Agreement, to find and conclude business arrangements advantageous to Author. Author understands that Agent may render other and similar services on behalf of other clients. 4. Exclusive Right to Represent Author shall not retain any other person or corporation to represent him during the term of this Agreement. 5. Agent’s Compensation A. Author agrees to pay Agent, as and when received by Author, a sum equal to ______% of the gross compensation earned or received by Author during the term of this Agreement, for, on, or in connection with, the sale or other disposition of literary, dramatic, or musical property, ideas, characters, trademarks, or trade names, or package programs, or rights in or to the same, as described above, and after the expiration of the term of this Agreement, for, on or in connection with any contracts or agreements for the sale or other disposition of such literary, dramatic, or musical property, ideas, characters, trademarks, trade names, or package programs, or any rights in or to the same, when any such contracts or agreements were negotiated for or entered into during the term of this Agreement, even though payments may become due or payable after the expiration of the term of this Agreement, and on modifications, extensions, additions, substitutions, and renewals of such contracts or agreements, and on contracts or agreements substituted for or replacing, directly or indirectly, contracts or agreements entered into or negotiated for during the term of this Agreement, and modifications, extensions, additions, substitutions, and renewals of such contracts or agreements. B. In lieu of the compensation established in Paragraph A of this Section, in the event of a sale, license, or other disposition of property covered by this contract for publication or any other use outside the United States wherever Agent engages another literary agent in connection with the same, or for amateur performances whether within or outside the United States, Author shall pay agent a sum equal to _____% of the gross compensation earned or received by author during the term of this Agreement. C. In determining gross compensation received by Author for purposes of computing the amount of compensation payable to agent, all amounts received by author under any contract or agreement for the sale, lease, license, or other disposition of Author's literary properties shall be included, regardless of whether the contracts or agreements were procured by Agent, by author, or by a third party. 6. Author’s Warranty Author warrants that he is the owner of all rights in and to the property mentioned in this Agreement and that he can dispose of the property, and Author further represents that he has not given anyone else the right or authority to act for Author during the term of this Agreement in the capacity in which author has employed Agent. 7. Notes and Accounting Agent shall furnish Author with (e.g., quarterly) _____________ statements of Author's account and shall notify Author promptly of any pending negotiations. 8. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Author) (Signature of Agent)