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Agency Agreement Between Writer and Literary Agent

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Agency Agreement between Writer and Literary Agent

Agreement made on the , between , of , referred to herein as Author, and , of , referred to herein as Agent.

Whereas, Author writes 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 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.

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What the Agency Agreement Between Writer and Literary Agent Does

An Agency Agreement Between Writer and Literary Agent is a written contract that defines the working relationship between an author and the literary agent who will represent the author's work. It sets scope (exclusive or non-exclusive representation), the agent's authority to submit manuscripts and negotiate publishing deals, commission rates and payment timing, contract term and renewal mechanics, rights and territory covered, author warranties and deliverables, and termination conditions. Properly executed agreements protect both parties, clarify expectations for submissions, and provide a legal basis for commission collection and dispute resolution.

Why a Clear Agency Agreement Matters

A clear agency agreement reduces misunderstandings about scope, rights, and compensation, and creates enforceable obligations for submissions and commissions under contract law.

Why a Clear Agency Agreement Matters

Who Typically Uses This Agency Agreement

This agreement is used by individual writers and entities to formalize representation and by agents to document their authority to act on behalf of authors.

  • Emerging and established authors seeking professional representation and contract negotiation.
  • Independent literary agents or agencies formalizing commission terms and submission authority.
  • Publishing houses, managers, and entertainment attorneys reviewing agent-author relationships.

Use this form as a starting point; modify key fields to reflect commission structure, exclusivity, and territory before execution.

Step-by-step: Complete and Execute the Agreement

Follow these sequential steps to fill, review, and finalize the Agency Agreement Between Writer and Literary Agent.

  • 01
    Draft details: Complete names, dates, term, and commission fields.
  • 02
    Review clauses: Confirm exclusivity, rights, and termination provisions.
  • 03
    Legal check: Consider attorney review for ambiguous or high-value terms.
  • 04
    Sign and retain: Obtain signatures and save the executed copy for records.

Primary Components to Include in a Professional Agency Agreement

A robust agreement covers authority, compensation, rights, term, author warranties, and dispute resolution. Each element should be explicit and measurable.

Scope of Representation

Define whether the agent has exclusive or non-exclusive rights to submit manuscripts and negotiate contracts in specified territories and media.

Commission Structure

State percentage rates, which revenue streams are commissionable (advances, royalties, subsidiary rights), and timing for payment remittances.

Term and Termination

Specify initial term length, renewal terms, notice periods, and grounds for termination, including breach and insolvency.

Author Warranties

Require the author to warrant originality, ownership of rights, and absence of conflicts or prior encumbrances on the work.

Submission and Reporting

Describe how submissions are handled, approval steps, and reporting cadence for offers, contracts, and payments.

Dispute Resolution

Include governing law, venue, and whether disputes use mediation, arbitration, or court litigation; clarify attorney fee allocation if applicable.

Essential Information Fields to Capture

Author Name: Full legal name
Agent Name: Registered business name
Contact Details: Address, email, phone
Work Title: Manuscript or series title
Payment Details: Remit address or account
Tax ID: TIN or SSN when required

Typical Workflow from Agreement to Commission Payment

This sequence describes how an executed agency agreement leads to submission, negotiation, and payment collection.

  • Execution: Both parties sign and retain the fully executed agreement.
  • Submission: Agent submits manuscript or proposal to publishers or buyers.
  • Deal Negotiation: Agent negotiates terms; author approves major changes.
  • Payment & Accounting: Agent collects funds, deducts commission, and remits author share with accounting statements.

How to Configure an Electronic Agreement Workflow

Set up a digital workflow that captures signatures, tracks status, and stores executed agreements securely.

Field Configuration
Authentication Method Email links, optional SMS code
Signature Type Click-to-sign or drawn signature
Template Use Save standard agent clauses as reusable templates
Storage Export signed PDF and retain audit trail

Digital Signing and System Requirements

Choose a signing platform that supports legal e-signature standards, secure storage, and the integrations you need.

  • Authentication: Email link, SMS, or advanced signer options
  • Integrations: Common integrations include Salesforce, NetSuite, Google Workspace
  • File Formats: PDF and Word DOCX support

Typical Deadlines and Timing Considerations

Be explicit with dates for effective periods, submission windows, termination notice, and payment cycles to avoid disputes.

Effective Date:

Date the agreement starts; use MM/DD/YYYY format

Initial Term Length:

Specify months or years and renewal conditions

Termination Notice:

Specify notice period (commonly 30–90 days)

Submission Periods:

Define whether agent has exclusive submission rights during term

Payment Timeline:

State timing for payment remittance after agent receives funds

Key Milestones from Agreement Signing to Royalty Payments

Track major stages so both parties know responsibilities and expected timing for actions and payments.

01

Agreement Execution

Parties sign; signed copy distributed and stored securely.

02

Submission Activity

Agent begins querying publishers and tracking responses.

03

Contracting Stage

If an offer arrives, agent negotiates and author approves.

04

Remittance Stage

Agent collects and remits author share according to payment terms.

Common Mistakes to Avoid When Preparing the Agreement

  • Using vague commission language that fails to define what income is commissionable and how deductions are calculated.
  • Failing to specify exclusive versus non-exclusive rights, which can lead to unintended author obligations or conflicts.
  • Not including a clear termination clause and notice period, causing uncertainty when either party wants to end the relationship.
  • Omitting detailed submission or accounting procedures, resulting in disputes over receipts, advances, or subsidiary-rights income.

Penalties and Risks from Incorrect or Incomplete Agreements

Contract Voidance: Ambiguous terms may render clauses unenforceable
Commission Disputes: Unclear definitions can lead to litigation
Tax Withholding: Missing TIN can trigger 24% backup withholding
Late Reporting: Delay in reporting income may cause tax penalties
Data Exposure: Poor storage practices risk privacy breaches
Breach Liability: Failure to perform may trigger damages claims

Practical Examples of How Agent-Author Agreements Work

Two concise scenarios illustrate common uses of agency agreements and digital execution in publishing workflows.

Independent Author Case

An independent novelist signs an exclusive representation agreement online to authorize submissions

  • Agent submits proposal to multiple publishers on the author's behalf
  • The agent negotiates a contract, collects an advance, deducts commission per contract terms, and provides the author an accounting statement and executed documentation for recordkeeping.

Small Agency Scaling

A two-person literary agency standardizes its contract template and uses digital signatures to onboard authors quickly

  • Bulk e-signing reduces turnaround time for multiple clients
  • Faster execution accelerates submissions and enables timely revenue recognition and streamlined royalty accounting.

Typical Signatories and Their Roles

Writer — Author

The author signs to grant authority and warrants ownership or the necessary rights to the work. The author must confirm identities and provide tax information for payments and reporting.

Agent — Literary Agent

The agent signs to accept representation, specifies commission arrangements, and commits to pursue publishing and licensing opportunities in accordance with the agreement.

Practical Tips for Accurate and Efficient Completion

Follow these practical recommendations to reduce errors and speed execution while protecting both parties' interests.

Use precise monetary language
Specify commission percentages and taxable bases clearly, including whether the rate applies to gross or net receipts and how costs or advances are handled.
Document consent for electronic signing
For consumer-facing authors, include an ESIGN Act consumer disclosure and record the author's consent to electronic transactions where required by 15 U.S.C. ch. 96.
Maintain an audit trail
Keep timestamped logs of signing actions, IP addresses, and version history to establish attribution and support enforceability.
Retain executed records securely
Store signed PDFs with audit certificates and backup copies; restrict access and preserve retention timelines per tax and industry rules.

eSignature Vendor Pricing and Feature Snapshot for Agency Agreements

Compare starting price and basic feature availability across common eSignature vendors. signNow is listed first per supplier-comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

FAQs and Troubleshooting for Agency Agreements

Answers to common legal, procedural, and technical questions about preparing and executing an Agency Agreement Between Writer and Literary Agent.


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