Book Contract Agreement

This Book Publishing Agreement (hereinafter “Agreement”), is entered in today between Gidankaratu (hereinafter “Publisher”) and You (hereinafter “Author”), in order to effect publication of a book containing the writing of the Author and/or other participants (hereinafter the “Work”). 

The Author retains copyright and all rights to provided material and Work other than those granted the publisher under this Agreement.

RECITALS

WHEREAS, Author is an author who has composed the original work (hereinafter the “Work”); and

WHEREAS, Author seeks publication of the Work; and

WHEREAS, Publisher (Gidankaratu) is a publishing company, seeking to assist authors in the publishing of their original works; and

WHEREAS, Author and Publisher seek to reach an agreement whereby Publisher can assist in effecting publication and of either a print of a perfect bound paperback, or an eBook version of the Work, or both.

WHEREFORE, for and in consideration of the mutual promises and covenants herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Publisher and Author hereby agree as follows:

1. Publisher’s Obligations. 

Publisher’s obligations pursuant to the Agreement shall include:

1. Provision of a unique ISBN and Barcode for the Work;
2. Listing with Gidankaratu bookstore, and as an option and with adequate resources, other bookstores and wholesalers in Nigeria and possibly elsewhere via title registration;
3. Production of electronic (ebook) copies of the Work to serve the reasonable on-demand availability;
4. Cover (as required) and interior book formatting and design, and redesign and/or refinement until PDF “proof” approval by Author of final cover and interior;
5. On Reasonable promotional and other assistance, as deemed appropriate by Publisher at Publisher’s sole discretion. Assistance may include contacting applicable organizations to propose and negotiate mutually beneficial agreements, direct communication with the press/media, online promotion, and advising author as requested; and
6. Replace or refund any product found to be defective as a direct result of the actions of Publisher or another party acting on Publisher’s behalf.

2. Author’s Obligations. 

Author’s obligations pursuant to the Agreement shall include (and Publisher’s Obligations are conditioned upon):

1. Provision of the work after final edits are complete;
2. Provision of any submitted graphics must be clear, clean, and on paper or acceptable electronic format (any formats other than .jpg files must be approved in advance by Publisher); if pictures of models would be used, Author provides proof of permission of use for publication; Author agrees Publisher will not be responsible for any legal case that arose from such cases;
3. Provision of the Work’s interior text in an acceptable electronic file (any formats other than Microsoft Word or rich text format must be approved in advance by Publisher);
4. Provision of cover copy and up to two rewrites, with final edit allowed to Publisher; and
5. Continuing full and unconditional responsibility and liability for the content of the Work as well as cover pictures not provided by Publisher;

3. Author’s Representations and Warranties. 

Author represents and warrants to Publisher, upon which representations and warranties Publisher is specifically relying in entering into this Agreement, that Author has the authority or permission to publish the entire content of the Work, including ownership of the copyright and other rights to the underlying content, and Work content does not defame or impinge on the rights of another in any way. 

Author shall hold Publisher harmless from and indemnify Publisher against any and all claims or demands arising out of a breach of these representations and warranties, including attorney’s fees.

4. Publisher’s Rights.

Publisher maintains ownership of ISBN and Barcode. Author grants Publisher the right to:

1. Use materials created for the Work for promotional purposes, which right shall survive termination of this Agreement for one year;
2. Prepare, print or publish, market, sell, distribute and ship the Work, and collect and distribute monies for the Work, in accordance with this Agreement; and
3. Print or publish books for use as free promotional, review and archive copies, without compensation to the Author.

• For Independently Published eBooks

1. 1. Publisher shall pay the Author 65% of every independently published ebook sold. The Publisher retains 35% of the sale.
   2. Publisher shall provide Author with a sales report with monthly and final agreement payments, when there is sale.
   3. Publisher shall pay Author every 30 days.

• For Traditional Publishing Contracts for books and ebooks; Publisher shall pay Author 50%  Net Receipts for every book sold. 

For purposes of this Agreement, “Net Receipts” shall mean the amount received by publisher less book printing costs (for paperbacks and hardcovers) from printer or wholesaler. That is, 50% of profit made on each book after all expenses that goes into producing the book.

“Books sold” shall include Author purchased copies, but royalties shall not be paid thereon; 

1. Publisher shall pay Author Monthly payments when Ten Thousand (N10, 000) Naira or more is due; lesser amounts will be rolled over to the next month; 
2. Publisher shall pay Monthly, Monthly roll over, and final payment of funds within thirty (30) days of the end of the calendar Month in which funds are received.
3. Publisher shall provide Author with a sales report with quarterly and final agreement payments; 

Author shall be informed and provide written approval to Publisher before Publisher contracts for sale or licensing of any subsidiary rights. 

1. “First Serial Rights” means the right to use all or any portion of the Work in the English or Hausa languages in newspapers, magazines and other periodicals (whether in one or more parts) before the date the Work is first available for sale to the public in book or ebook form, including the right to create for such use abridged, adapted and condensed versions of the work. 
2. “Sound Reproduction Rights” means the rights to create and to use either dramatic or non-dramatic Hausa or English language readings of all or any portion of the Work (including condensed, adapted and abridged versions), whether in the form of tape recordings, compact discs, DVDs, electronic media, or other technologies now known or hereafter devised, (“audio editions”). 
3. “Movie and TV Rights” means motion picture and allied rights customarily granted to motion picture producers, television rights (including all other devices for home play) and all other mechanical or electronic visual dramatic reproduction rights, including all methods and technologies now known or hereafter devised. 
4. “Foreign Translation” means the right to translate the work into languages other than Hausa, and book publication rights, First Serial Rights, Second Serial Rights, Selection Rights, Microfilm Rights, Electronic Text Rights and Sound Reproduction Rights in languages other than English. 

Subsidiary Rights-Sharing of Receipts. 

Author payments for Subsidiary Rights shall be paid with monthly reports in accordance with 6., based on the following percentages: Author/Publisher 

1. First Serial Rights 90% 10% 
2. Book clubs 60% 40% 
3. Sound Reproduction Rights 60% 40% 
4. Movie and TV Rights 75% 25% 
5. Merchandising Rights 75% 25% 
6. Foreign Translation 75% 25% 
7. Mass Market paperback 60% 40%

8. Miscellaneous.

1. Errors. Publisher shall not be held responsible for errors in the Work including, but not limited to spelling, grammar, and punctuation. Author is responsible for submitting a professionally edited manuscript and for proofreading the final proof and approving before publication. 

1. Publisher paid promotion costs. All promotional effort and expense is the direct responsibility of Author. However, Publisher agrees to send up to five (5) copies of the Work to media outlets for review upon direct request from the media. Publisher shall contact Author to send additional media copies or agree to reimburse Publisher for any additional copies sent at Publisher printing cost plus shipping and handling;
2. Term and Exclusivity. This Agreement provides publisher exclusive rights to publish the Work and shall extend for three (2) years after the first publication date. The Agreement shall automatically renew for consecutive one (1) year terms if neither party gives at least thirty (30) days advance written notice prior to the end of the current term that it desires to terminate. 
3. Cancellation. Author may cancel this Agreement with thirty (30) days written notice without cause by certified letter. Author shall pay Publisher any amounts owed before cancellation becomes final. Publisher may cancel this Agreement with cause for significant violation of Agreement by Author with thirty (30) days written notice at any time without compensation to Author beyond royalties or other monies earned. All rights in Section 7 revert back to Author upon cancellation of this Agreement except those granted to and governed by other contracts with third parties; and such rights revert to author at the conclusion of each applicable contract. All Agreement clauses relating to Subsidiary Rights remain in effect until the conclusion of all third party contracts. 
4. Construction. Author and Gidankaratu acknowledge that this Agreement has been negotiated between them in good faith, and accordingly agree that in the event of a dispute or of litigation arising from or relating to any of the terms and conditions hereof, neither party hereto shall be considered the drafter hereof. 
5. Severability. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement shall continue to be binding and effective. 
6. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without recourse to conflicts of law principles. Parties agree that any litigation arising out of or related to this Agreement shall be brought and filed in the courts of F.C.T. Abuja, or a federal court of competent and proper jurisdiction in Abuja. The prevailing party shall be entitled to an award of Counsel’s fees and other reasonable expenses. 
7. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior agreements or communications between the parties concerning the publishing of the Work in any form. This Agreement may only be amended by an agreement in writing signed by both parties. 

Signed by;

Atabo Muhammed, 

CEO, Gidankaratu Ltd.

No 22 Gloria Street,

Kogo 2, Bwari,

Abuja,

FCT.