Publishing Services Agreement

PUBLISHING SERVICES AGREEMENT

This Publishing Services Agreement ("Agreement") is made as of Effective Date: between Publisher Name: and Client Name: .

RECITALS

WHEREAS, Publisher is engaged in the business of providing publishing, editorial, design, distribution and related services for written works and other materials; and

WHEREAS, Client desires to engage Publisher to provide publishing services for the Work described herein, and Publisher is willing to provide such services on the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend by this Agreement to set forth the full terms of their relationship with respect to the services to be provided.

SCOPE OF WORK

PAYMENT TERMS

Client shall pay Publisher the total fee of USD for the services described herein. Payment shall be made in accordance with the schedule below.

Deposit required: USD, payable upon execution of this Agreement.

Late payment: Any undisputed amount not paid when due shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus a late fee of USD for each missed installment.

Expenses: Client shall reimburse Publisher for pre-approved out-of-pocket expenses reasonably incurred in connection with performance of the services upon presentation of receipts.

TERM AND TERMINATION

Term: The term of this Agreement shall commence on Start Date: and, unless earlier terminated as provided below, continue until End Date: .

Termination for convenience: Either party may terminate this Agreement without cause by providing written notice at least days prior to the intended termination date. In the event of termination, Client shall pay Publisher for all services performed and expenses incurred through the effective date of termination.

Termination for cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and such breach remains uncured thirty (30) days after receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party agrees to maintain in confidence all non-public, proprietary or confidential information disclosed by the other party in connection with this Agreement and to use such information only for purposes of performing its obligations under this Agreement. Confidential information does not include information that: (a) is or becomes generally available to the public through no breach by the receiving party; (b) was lawfully in the receiving party's possession prior to disclosure; or (c) is independently developed by the receiving party without use of the disclosing party's confidential information.

Confidentiality obligations shall survive termination or expiration of this Agreement for a period of years.

INTELLECTUAL PROPERTY; RIGHTS

Client represents and warrants that Client is the sole owner of the Work or otherwise has the full authority to grant the rights herein. Client grants to Publisher a non-exclusive, exclusive, or limited license as specified below to reproduce, distribute, publish and promote the Work in the media and formats specified in the Scope of Work.

Rights to publish and distribute in print editions
Rights to publish and distribute in digital/ebook editions
Rights to produce and distribute audiobook editions

Except as expressly provided in this Agreement, Client retains all right, title and interest in and to the Work. Any rights not expressly granted to Publisher are reserved by Client.

WARRANTIES, INDEMNITY & LIMITATION OF LIABILITY

Client warrants that the Work is original, does not infringe the rights of any third party, and does not contain unlawful material. Client shall indemnify and hold Publisher harmless from and against any losses, liabilities, damages or costs (including reasonable attorneys' fees) arising from a breach of such warranty.

Publisher warrants that services will be performed in a professional manner consistent with industry standards. Except for breaches of confidentiality or willful misconduct, neither party shall be liable to the other for consequential, incidental, special or punitive damages. The aggregate liability of either party arising out of or related to this Agreement shall not exceed the total fees paid by Client to Publisher under this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

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

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. If the dispute cannot be resolved by negotiation within thirty (30) days, the parties may pursue any available remedies in the courts of the governing state specified above.

NOTICES

MISCELLANEOUS

Entire Agreement: This Agreement, including any exhibits or schedules attached hereto, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

Assignment: 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 successor in connection with a sale of substantially all of its business assets.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

Sign Now