Publishing University Press Contract

PUBLISHING UNIVERSITY PRESS CONTRACT

This Publishing Agreement (the Agreement) is made as of between University Press: , a publishing entity with principal address at , and Author: , residing at .

RECITALS

WHEREAS, Author is the sole author of a work entitled "" (the Work) and represents that the Work is original and not in the public domain; and

WHEREAS, University Press wishes to publish, market, and distribute the Work in accordance with the terms set forth in this Agreement; and

WHEREAS, Author and University Press desire to set forth their respective rights and obligations with respect to the preparation, publication, distribution and exploitation of the Work.

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

1. GRANT OF RIGHTS

1.1 Grant. Subject to the terms of this Agreement, Author grants to University Press the following rights: the exclusive right to publish, reproduce, distribute, sell and otherwise exploit the Work in the following formats: , in the territory of , in the language(s): . The grant is exclusive (check if exclusive).

1.2 Sub-licensing. University Press may license or appoint distributors and sub-licensees to exercise the rights granted, provided University Press remains responsible for performance under those arrangements.

2. DELIVERY, ACCEPTANCE AND PUBLICATION

2.1 Delivery. Author shall deliver to University Press the complete manuscript in the agreed format on or before , together with any required permissions, illustrations, and ancillary materials.

2.2 Acceptance. University Press shall have a reasonable period to review the manuscript and may reject the manuscript only for substantive failure to comply with agreed specifications. If University Press rejects the manuscript, University Press shall provide written notice specifying deficiencies and may terminate this Agreement if deficiencies are not cured within thirty (30) days.

2.3 Publication. University Press will use commercially reasonable efforts to publish the Work within months following acceptance. Estimated first publication date: .

3. EDITORIAL MATTERS

3.1 Editorial Changes. University Press shall have the right to make editorial and copyedits to the Work for clarity and conformity with house style. Substantive edits that affect the meaning shall be submitted to Author for approval, which shall not be unreasonably withheld or delayed. Author shall respond to editorial queries within days.

3.2 Indexing, Front and Back Matter. University Press shall prepare front and back matter including bibliographic description and may prepare an index in consultation with Author.

4. COPYRIGHT, CREDIT AND MORAL RIGHTS

4.1 Copyright Ownership. Author retains copyright in the Work, subject to the license granted herein. Author authorizes University Press to register copyright in the name of the Author where required by law and to use Author's name for credits and marketing.

4.2 Moral Rights. Author hereby waives, to the extent permitted by law, any moral rights to be identified as author or to object to derogatory treatment of the Work for the purposes of publication and distribution, except that University Press shall not materially alter the substance of the Work without prior approval as provided in Section 3.

5. ROYALTIES, ADVANCE AND PAYMENTS

5.1 Advance. University Press shall pay Author an advance against royalties in the amount of $ payable as follows:

5.2 Royalties. Author shall be paid royalties equal to of Net Receipts from sales of the Work. "Net Receipts" means gross amounts actually received by University Press from sales of the Work less only customary trade discounts, returns, and direct production costs allocated specifically to the Work.

5.3 Accounting. Royalties shall be calculated and paid semiannually within days of the close of the reporting period. Statements shall detail units sold, returns, gross receipts and deductions.

6. ACCOUNTING AND AUDIT RIGHTS

Author shall have the right, at Author's expense and not more than once in any calendar year, to inspect University Press's relevant books and records during normal business hours upon reasonable prior notice and subject to confidentiality protections, to verify royalty statements for the preceding three (3) years.

7. WARRANTIES AND INDEMNITIES

7.1 Author Warranties. Author represents and warrants that: (a) Author is the sole author and copyright owner of the Work; (b) the Work is original and does not infringe any third party rights; (c) all third party material included in the Work is used with permission or is in the public domain; and (d) there are no outstanding agreements inconsistent with this Agreement.

7.2 Indemnity. Author shall indemnify, defend and hold University Press harmless from and against any losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of any breach of the foregoing warranties. University Press shall notify Author promptly of any claim and permit Author to control the defense and settlement of such claim.

8. TERM, TERMINATION AND REMEDIES

8.1 Term. This Agreement commences on the Effective Date and shall continue for the duration of the copyright in the Work unless earlier terminated in accordance with this Agreement.

8.2 Termination for Cause. Either party may terminate this Agreement on written notice if the other party materially breaches any provision and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

8.3 Reversion of Rights. Upon termination by University Press for Author's breach or upon Author's termination for University Press's uncured material breach, all rights granted to University Press under this Agreement shall revert to Author subject to a reasonable wind-down period of up to days to permit sale of existing inventory.

9. PUBLICITY, MARKETING AND DISTRIBUTION

University Press shall have the right to determine the pricing, format, retail channels and marketing strategy for the Work in its sole discretion, except that any materially atypical uses of Author's name or scholarly reputation must be approved by Author. University Press shall provide reasonable marketing support as part of its normal publishing program.

10. CONFIDENTIALITY

Both parties agree to maintain in confidence any non-public commercial terms of this Agreement and any confidential information disclosed in connection with the negotiation, production and marketing of the Work, except as required by law.

11. NOTICES

Notices shall be in writing and delivered by hand, registered mail, nationally recognized courier, or electronic transmission to the addresses provided above and shall be deemed given upon receipt.

12. AMENDMENT, WAIVER, COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No waiver of any provision shall be effective unless in writing signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original.

13. SEVERABILITY, ENTIRE AGREEMENT AND GOVERNING LAW

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

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

14. MISCELLANEOUS PROVISIONS

14.1 Assignment. Author may not assign this Agreement or assign any rights hereunder without University Press's prior written consent, except that Author may assign to Author's heirs or estate. University Press may assign this Agreement in connection with a merger, sale of assets or corporate reorganization provided the assignee assumes University Press's obligations hereunder.

14.2 Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond a party's reasonable control, including acts of God, strikes, war, terrorism, or governmental action; provided the affected party promptly notifies the other and uses reasonable efforts to resume performance.

ADDITIONAL INFORMATION

Sign Now