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Fill and Sign the Agreement to Co Publish Book Form

Fill and Sign the Agreement to Co Publish Book Form

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Agreement to Co-Publish Book Agreement made on the ______ day of ________________, 20______, between _________________________________ of ______________________ (street address, city, county, state, zip code) , referred to herein as Author and __________________ of _____________________________ (street address, city, county, state, zip code) , referred to herein as Investor. Whereas, Author has written a book called _________________________ (Name of book), hereinafter referred to as Book, and owns, all rights, title, and interest in and to said Book , including, but not limited to, all copyrights and rights to copyright, together with all rights, claims, and demands relating to the Book and the copyright of the same, whenever and wherever arising; and Whereas, Investor has agreed to aid Author financially in getting said Book published and distributed in exchange for a percentage in any profits that may result from such publication and distribution; Now, therefore, for and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the Parties agree as follows: I. Investment by Investor Investor shall pay the sum of $_____________ to Author to be used by Author in the publication and distribution of Book, including the payment of part of the expenses that are incurred in connection with the editing, sale and/or other disposition of the Book. II. Payments to Investor Author shall collect all gross receipts from the sale of Book during the term of this Agreement, and shall pay Investor an amount equal to ______% of the adjusted gross receipts that Author shall receive, and shall retain the balance of the gross receipts for Author’s own account. The adjusted gross receipts shall be those gross receipts, if any, actually received by Author in United States currency in the United States and remaining after the deduction of costs of copyright registration, accounting fees, legal fees, printing, advertising, publicity, exploitation and promotional expenses, and all miscellaneous and customary expenses incurred by Author the publication of said Book. III. Statements Within ____ days after each _____________________ (month and day) , or within ______ days after the close of such other semi-annual accounting period as Author and Investor may adopt, from time to time, Author will prepare and furnish statements of amounts due to Investor and make payment to Investor concurrently of all sums shown to be due. All such statements shall be deemed binding on Investor and not subject to objection for any reason, unless specific written objection stating the basis of the objection is given to Author within ____ (e.g., weeks) after rendition of the same. In the event of such objection, the statement shall be binding in all respects except those specifically stated in the written objection. No statement need be rendered for any period in which there are no gross receipts from the publication of said Book. Investor shall have the right to audit the books and records of Author with respect to any statements received pursuant to this Agreement which are not then deemed binding, provided that: A. Investor shall give Author at least ______days prior notice of the desire to conduct the audit; B. The audit shall be conducted by a certified public accountant or attorney during normal business hours; and C. The expense of the audit shall be borne by Investor. IV. Copyrights Author may in her sole discretion take such action as she deems necessary or desirable to enforce or protect any or all of her rights and interests in or to the Book , including, but not limited to, securing registration of a copyright in the Book in Author’s name. The expense of taking such actions shall be deducted from the gross receipts as defined above. V. Rights Covered A. It is agreed that for purposes of this Agreement the Investor shall share, unless otherwise stated in this Agreement, in the proceeds from the sale or any other disposition of the Book and the rights and licenses in the Book, including, but not limited to, the following: 1. Motion picture rights; 2. Sequel rights; 3. Television rights; 4. Stage rights; 5. Radio rights; and 6. Book and magazine publication rights. B. Author shall collect all gross receipts from the above sales and/or dispositions during the term of this Agreement, and shall pay Investor an amount equal to ______% of the adjusted gross receipts that Author shall receive, and shall retain the balance of the gross receipts for Author’s own account. The adjusted gross receipts shall be those gross receipts, if any, actually received by Author in United States currency in the United States and remaining after the deduction of costs of copyright registration, accounting fees, legal fees, printing, advertising, publicity, exploitation and promotional expenses, and all miscellaneous and customary expenses incurred by Author regarding such sales and/or disposition. C. The provisions above in Paragraphs II and III regarding payments and statements shall also apply to the receipts from the such sale and/or disposition described in this Paragraph. VI. Miscellaneous A. Any notice, consent, approval, demand, or other communication to be given or sent to the other party under this Agreement must be in writing and must be personally delivered or sent by certified or registered mail to the address of the parties set forth above or such other address as either party may notify the other in writing. B. This Agreement shall be construed under and governed by the laws of S tate of ___________ applicable to contracts made and performed or to be performed entirely in said State . This is not a joint venture or a partnership agreement. VII. 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. WITNESS our signatures as of the day and date first above stated. ________________________ _______________________ Name Name

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