Audiobook Publishing Contract

Audiobook Publishing Contract

Parties and Effective Date

This Audiobook Publishing Contract (the "Agreement") is made as of by and between the Author and the Publisher identified above.

WHEREAS

WHEREAS, the Author is the sole owner of all rights in and to the literary work entitled (the "Work"); and

WHEREAS, the Publisher is engaged in the production, distribution and sale of recorded audio works and wishes to produce and commercially exploit an audiobook recording embodying the Work; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Grant of Rights

The Author hereby grants to the Publisher the exclusive right to produce, distribute, sell, license, and otherwise exploit an audiobook recording of the Work in the following formats and territories as specified below for the Term set forth in this Agreement. The Author warrants that it owns or controls the rights granted and has full authority to grant such rights.

Exclusive audio publishing rights
Non-exclusive audio publishing rights
Synchronization and adaptation rights for derivative audio productions

Scope of Work

Publisher will engage in the production, narration (or selection of narrator), post-production editing, metadata preparation, and distribution of the audiobook version of the Work in accordance with industry standards. Specific deliverables, technical specifications, and milestones are set forth below and may be modified only by written agreement of the parties.

Payment Terms

In consideration for the rights granted, Publisher shall pay the Author the sums set forth below. All payments are subject to applicable withholdings required by law.

The Author shall have the right, upon reasonable notice and during normal business hours, to audit Publisher's records relevant to royalties not more than once per calendar year, at Author's expense unless a material underpayment is discovered.

Term and Termination

The Term of this Agreement shall commence on and shall continue until , unless earlier terminated as set forth below.

Either party may terminate this Agreement immediately for material breach by the other party that remains uncured for a period of 30 days after written notice of such breach, or upon the insolvency, bankruptcy filing, or assignment for the benefit of creditors of the other party.

Confidentiality

Each party agrees to hold in confidence and not to disclose to any third party any confidential information of the other party disclosed in connection with this Agreement, including but not limited to financial terms, business plans, and technical production specifications, except as required by law or to the extent such information becomes public through no fault of the receiving party. Confidentiality obligations survive termination for a period of three (3) years.

Representations, Warranties and Indemnification

The Author represents and warrants that the Author is the sole owner of the rights granted herein and that the Work does not infringe the rights of any third party. The Publisher represents that it will produce the audiobook in a professional manner consistent with prevailing industry standards. Each party shall indemnify, defend and hold harmless the other party from any losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising from a breach of the indemnifying party's representations or obligations under this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflicts of law principles.

Entire Agreement and Amendment

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. No amendment, modification or waiver shall be valid unless in writing and signed by authorized representatives of both parties.

Notices

Notices shall be sent to the addresses provided above by registered mail, courier, or other delivery service that provides proof of delivery, and shall be deemed given upon receipt.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Publisher may assign to an affiliate or in connection with a merger or sale of substantially all assets.

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