PRELIMINARY STATEMENT. This agreement (“the Agreement”) entered into on ________, sets forth the relationship between ______________(hereinafter referred to as the "Author"), located at_____________, and Rebecca Pratt (hereinafter referred to as the “Agent" ) located at___________________.
1. AGENT REPRESENTS AUTHOR. For the term of this agreement, the Author hereby retains the Agent:
(a) To represent the Author for the sale of the following works ("Represented Works"), written or to be written by the Author and not covered by a prior unagented sale or prior agency agreement: (1) all full-length (fiction – nonfiction), and (2) any other writings that Author and Literary Agent may agree upon.
(b) Subject to the Author's approval, to negotiate sales ("Represented Sales") of (1) Represented Works in the U.S., its territories, and Canada ("Domestic Sales"), (2) Represented Works in non-domestic markets ("Foreign Sales"), and (3) derivative or secondary rights in the Represented Works (such as film, TV, recording, or other dramatic media) anywhere in the world ("Subsidiary Sales").
(c) To receive payments and royalties from all Represented Sales as long as the contracts for such sales remain in force.
(d) Author attests that, during the term of this Agreement, the Author will retain no other Literary Agent to represent the Author for the Author's Represented Works.
(e) Subsidiary Rights. Subject to Author's reasonable consent, the Literary Agent shall engage all subsidiary or co-agents which the Literary Agent believes best represent the Author in Foreign Sales.
2. CONTRACTS. Agent shall use best efforts to promote the Author's Represented Works. The Agent shall negotiate the terms of any contract that is offered, but the Author may reject any contract if the terms thereof are unacceptable. No proposed Represented Sale shall be binding unless approved by the Author in a signed contract.
3. TERM. This Agreement shall take effect as of the date first set forth above, and remain in full force and effect for a term of one year, unless terminated as provided in Paragraph 9.
4. AGENT'S COMMISSION. The Agent shall be entitled to a 15% percent commission for Domestic Sales and Subsidiary Sales obtained by the Agent within the U.S. and 20%(which includes 10% for co-agents) for Foreign Sales and Subsidiary Sales obtained outside the U.S. during the term of this Agreement.
5. EXPENSES. The Agent will pay for all expenses that arise in selling Author's work except: Photocopying, and mailing it abroad; or on multiple submissions; buying galleys and books; and legal advice. The Agent will not expend more than $50 without prior agreement with Author.
6. PAYMENTS. The Agent shall make all payments due the author within 30 days of receipt of any fees covered by this Agreement. Such payments due shall be deemed trust funds and shall not be intermingled with funds belonging to the Agent. Late payments shall be accompanied by interest calculated at the rate of 10% percent per month thereafter.
7. ACCOUNTINGS. The Agent shall send copies of statements of account received by the Agent to the Author when rendered. If requested, the Agent shall also provide the Author with semiannual accountings showing all income for the period, the clients' names and addresses, the fees paid, the dates of payment, the amounts on which the Agent's commissions are to be calculated, and the sums due less those amounts already paid.
8. INSPECTION OF BOOKS AND RECORDS. The Agent shall keep the books and records with respect to payments due each party at his or her place of business and permit the other party to inspect these books and records during normal business hours on the giving of reasonable notice.
9. TERMINATION. This Agreement may be terminated by either party by giving thirty (30) days written notice to the other party. In the event of the bankruptcy or insolvency of the Agent, this Agreement shall also terminate. The rights and obligations under Paragraphs 3, 6, 7, 8, and 9 shall survive termination, provided that in the event of termination the Author shall have the right to have payments (less commissions) paid directly to the Author rather than to the Agent as set forth in Paragraph 1(c).
10. ASSIGNMENT. This Agreement shall not be assigned by either of the parties hereto. It shall be binding on and inure to the benefit of the successors, administrators, executors, or heirs of the Agent and Author.
11. ARBITRATION. Any disputes arising under this Agreement shall be settled by arbitration under the rules of the American Arbitration Association in the City of Lancaster, PA, except that the parties shall have the right to go to court for claims of $500 or less. Any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12. NOTICES. All notices shall be given to the parties at their respective addresses set forth above.
13. INDEPENDENT CONTRACTOR STATUS. Both parties agree that the Agent is acting as an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between the Author and Agent.
14. AMENDMENTS AND MERGER. All amendments to this Agreement must be written. This Agreement incorporates the entire understanding of the parties.
15. If this offer is not executed by and delivered to all parties and the fact of execution communicated in writing between the parties on or before ______________ this offer shall be withdrawn. A facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as the original.
16. GOVERNING LAW. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth above.