Sample Contract for Reprint Fiction

Memorandum of Agreement

This Agreement made between Cossmass Infinities, of 34 Jedburgh Road, Dundee, Angus, Scotland, DD2 1SR, and its successors and assigns, hereinafter referred to as the PUBLISHER, and [author name], of [street address] [city, state, zip], hereinafter referred to as the AUTHOR. The AUTHOR’s Paypal address is [paypal address].

The parties agree as follows:

  1. The Author grants permission for the Publisher to include the Author’s story, hereinafter referred to as the WORK, in Cossmass Infinities, for publication in the English language in all countries throughout the world. WORK: [____________________________________]
  2. For the rights granted to the Publisher in this Agreement, the Publisher shall pay the Author the sum of [______________], no later than 60 days after receipt by the Publisher of this agreement executed by the Author. If payment is not received as required by this paragraph, all rights granted hereunder shall immediately revert to the Author.
  3. The Author grants nonexclusive serial print and audio rights in the Work to the Publisher for inclusion in Cossmass Infinities (the “Magazine”), for publication worldwide in the English language on or before [the date by which first publication must occur].
  4. The Author grants worldwide electronic rights to the Publisher to include the Work in Cossmass Infinities (the “Magazine”), for publication in the English language on or before [the date by which first publication must occur.] The rights granted under the terms of this paragraph shall be exclusive for a period starting on the date of this Agreement, ending six (6) months following the first date of publication under this paragraph and non-exclusive thereafter. During this exclusivity period, the Work may not appear elsewhere online. This clause pertains only to online (i.e., material freely available on the internet) publication; no ebook exclusivity is granted. Any previous online appearances that are still available online are exempted; this clause is only intended to prevent new online publications from appearing during the exclusivity period.
  5. [This clause is intentionally left blank]
  6. The Author further grants the Publisher the right to nonexclusively archive the Work online as long as the Publisher maintains the Cossmass Infinities website.
  7. If the Publisher fails to publish the Work within 24 months of the date of this agreement, all rights granted hereunder shall immediately revert to the Author. In such event, the Author shall retain any payments made under this Agreement prior to such reversion.
  8. Arising under and terminating with the grant of rights to the Work in this Agreement, the Author grants Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion and other use of the Work. Upon request, the Author shall provide the Publisher with a photograph of the Author and appropriate biographical material for such use. The Publisher shall use only the Author’s name, image, likeness and biographical material provided and approved by the Author.
  9. The Author warrants that, as of the date of executing this agreement, he or she is the sole author of the Work; that he or she is the owner of all the rights granted to the Publisher hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to the Publisher and that to the best of the Author’s knowledge the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
  10. The Author will indemnify the Publisher against any loss, injury, or damage finally sustained (including any legal costs or expenses and any compensation costs and disbursements paid by the Publisher) incurred by the Publisher in connection with or in consequence of an intentional breach of one or more the foregoing warranties, for which the Publisher has no coverage under its insurance policies. The Publisher will add the Author to any insurance policy it may have which would insure against such loss, injury, or damage unless doing so is impractical. Legal representation and the decision to settle will be made in consultation between the Author and Publisher, and neither may proceed without the approval of the other, not to be unreasonably withheld.
  11. The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in e-mail or hardcopy. Author will be provided with the Publisher’s proposed version of the work prior to publication and given sufficient time to review text. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to its customary form and usage.
  12. The Publisher agrees to list a proper copyright notice for the Work in the name of the Author at the end of the Web-published story and, if published in print, on an appropriate copyright page.
  13. [This clause is intentionally left blank]
  14. Regardless of its place of execution, this agreement shall be interpreted under the laws of Scotland.
  15. The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
  16. VENUE. The parties agree that any action to enforce this Agreement shall be brought in the appropriate court in Scotland, and that such court shall have personal jurisdiction over each of the parties.
  17. SUCCESSORS AND ASSIGNS. PUBLISHER may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of AUTHOR.
  18. AMENDMENT. This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended, only by a written agreement clearly setting forth the amendments and signed by both parties.
  19. VOID PROVISION. If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.
  20. The parties acknowledge that each party has read and understood this contract before execution.

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