2011 Westview Book Publishing Agreement
Book Publishing Agreement
1. SCOPE OF AGREEMENT
Published by Westview, Inc. (hereinafter referred to as "PUBLISHER") and
_____________________________(hereinafter referred to as
"AUTHOR"), agree in accordance with the terms and conditions of
thisAgreement and the attached Schedule(s), to conduct business as
described herein and in the Schedule(s). This Agreement and the
attached Schedules, notwithstanding any oral communication between either
party, shall constitute the complete and total extent of the services being
provided.
2. TERM OF THE AGREEMENT
The term of this Agreement shall be for the period commencing on the date this
Agreement has been signed by PUBLISHER and by AUTHOR and continuing
until terminated by either party by at least thirty (30) days written notice.
3. ADDRESSES OF THE PARTIES
PUBLISHER: Published by Westview, Inc., P.O. Box 210183, Nashville,
Tennessee 37221, phone 615.646.6134
AUTHOR
ADDRESS:_________________________________________________
AUTHOR PHONE/EMAIL: _____________________________________
4. RECITALS
AUTHOR desires to engage the services of PUBLISHER in printing,
receiving, and fulfilling orders, collecting payments, and remitting
royalties to AUTHOR, for the following literary work (hereinafter
referred to as the WORK):
___________________________________________________.
5. RIGHT TO REPRODUCE
A. In return for compensation detailed in Schedule 3, AUTHOR, as
Copyright Holder, hereby grants to PUBLISHER a limited license during the
term of this Agreement: (i) to photograph, copy, duplicate, reproduce, and
otherwise depict, by any method or means available to PUBLISHER, the WORK
to which this agreement pertains, (ii) to sell or distribute any such photograph,
copy, duplicate, reproduction or depiction of the WORK, through sales channels
including, but not limited to, Internet, retail outlets, catalog, education, trade,
advertising or promotion, for as long as PUBLISHER shall own or have the right
to sell or distribute the WORK, and (iii) to use the title of the WORK and the
name, portrait, picture or likeness of the Copyright Owner.
B. PUBLISHER hereby represents and warrants: (i) that he shall give
the Copyright Owner appropriate credit on the cover of the WORK, (ii) that he
shall not utilize the reproduction, photograph, or duplicate without the Copyright
Owner's prior approval.
C. AUTHOR hereby represents and warrants: (i) that s/he is the creator of the
above-described literary work, (ii) that s/he has full right, power and authority
to make this Agreement, (iii) that PUBLISHER may exercise the rights granted
herein without violation of any law, including any copyright law or law relating to
the right of privacy, and without infringing in any way the rights of any person or
corporation.
D. AUTHOR retains full ownership of the copyright, all serial rights,
broadcast rights, or other rights of authorship.
6. INDEMNIFICATION
AUTHOR and PUBLISHER shall indemnify and hold each other harmless from
any and all losses, claims, damages, liabilities, costs and expenses (including
reasonable attorney's fees) arising out of any violation by the other of the terms
of this Agreement. Such indemnification obligations shall survive the termination
of this Agreement, for a period of two (2) years.
7. WARRANTY
PUBLISHER warrants that the Services will conform to their respective
functional and technical specifications.
8. LIMITATIONS OF LIABILITY
A. PUBLISHER's sole obligation in case of any breach of its warranties set forth
in this Agreement shall be to use reasonable efforts to correct any and all
Services that are not in compliance with the warranties provided.
B. In no event will either party be responsible for special, indirect,
incidental or consequential damages which the other may incur or experience on
account of entering into or relying on this Agreement and the Schedule(s) hereto,
even if the other party has been advised of the possibility of such damages.
9. LAWS AND GOVERNMENTAL REGULATIONS
The parties to this Agreement shall be responsible (i) for compliance with all laws
and governmental regulations affecting their respective businesses and (ii) for
any use it may make of the Services to assist it in complying with such laws and
governmental regulations.
10. DEFAULT
It shall be a breach of this Agreement if either party (i) fails to pay when due any
sum of money due hereunder or pursuant to any of the Schedule(s) hereof, (ii)
defaults in the performance of any of the other provisions under this Agreement,
or (iii) defaults in the performance of, or fails to comply with this Agreement.
11. CONFIDENTIALITY
A. PUBLISHER acknowledges that AUTHOR may provide information to
PUBLISHER regarding upcoming literary works, and will not disclose any data,
electronic messages, or any other information to any third party regarding such
works.
B. PUBLISHER acknowledges that it will receive confidential information from
customers. PUBLISHER shall use all efforts to provide protection for confidential
information, including measures at least as strict as those PUBLISHER uses to
protect its own confidential information, but no less than a reasonable duty of
care.
C. PUBLISHER shall not use confidential information received from customers or
web site visitors for any purpose other than that of fulfilling PUBLISHER's
obligations under this Agreement, nor will the confidential information, or any
part thereof, be disclosed, transmitted, sold, assigned, mined, aggregated with
another client's information, leased or otherwise disposed of, or made available
for access by third parties, or be commercially exploited by or on behalf of
PUBLISHER, its employees or agents, except as expressly authorized by this
Agreement.
D. PUBLISHER shall adhere to all privacy and data protection laws applicable to
its gathering, processing, storing, and transmitting of customer information.
12. GENERAL
A. The parties acknowledge that they have not been induced to enter into this
Agreement by any representation or warranty not set forth in this Agreement.
B. If any provision of this Agreement (or any portion hereof) shall be held to be
invalid, illegal or unenforceable, the validity, legality or
enforceability of the remainder of this Agreement shall not in any way be
affected or impaired thereby.
C. The individuals executing this Agreement and the Schedule(s) hereto on
behalf of the parties each represent that they are duly authorized to execute this
Agreement and the Schedule(s) hereto on behalf of their respective principal.
D. This Agreement shall be governed by the laws of the State of Tennessee,
without giving effect to principles of conflicts of law.
E. The performance of any obligation hereunder by PUBLISHER will be excused
if prevented by acts of God, third party providers outside the control of
PUBLISHER, public enemy, fire or other casualty, labor dispute or, without
limiting the foregoing, any circumstances beyond PUBLISHER's reasonable
control.
F. This agreement is non-transferable.
G. Either party may terminate this agreement for any reason upon written
notification.
H. This agreement is non-exclusive.
Printable Copy of 2011 Westview Contract
Schedule 1 - Publisher Responsibilities
Schedule 2 - Author Responsibilities
Schedule 3 - Expenses and Disbursements
Addendum 1 - Publishing Plans
Addendum 2 - Optional Services
Addendum 3 - Publishing Guidelines
Addendum 4 - Publishing/Formatting Questionnaire
Addendum 5 - Author Book Prices
Return to Benefits
Book Publishing Agreement
1. SCOPE OF AGREEMENT
Published by Westview, Inc. (hereinafter referred to as "PUBLISHER") and
_____________________________(hereinafter referred to as
"AUTHOR"), agree in accordance with the terms and conditions of
thisAgreement and the attached Schedule(s), to conduct business as
described herein and in the Schedule(s). This Agreement and the
attached Schedules, notwithstanding any oral communication between either
party, shall constitute the complete and total extent of the services being
provided.
2. TERM OF THE AGREEMENT
The term of this Agreement shall be for the period commencing on the date this
Agreement has been signed by PUBLISHER and by AUTHOR and continuing
until terminated by either party by at least thirty (30) days written notice.
3. ADDRESSES OF THE PARTIES
PUBLISHER: Published by Westview, Inc., P.O. Box 210183, Nashville,
Tennessee 37221, phone 615.646.6134
AUTHOR
ADDRESS:_________________________________________________
AUTHOR PHONE/EMAIL: _____________________________________
4. RECITALS
AUTHOR desires to engage the services of PUBLISHER in printing,
receiving, and fulfilling orders, collecting payments, and remitting
royalties to AUTHOR, for the following literary work (hereinafter
referred to as the WORK):
___________________________________________________.
5. RIGHT TO REPRODUCE
A. In return for compensation detailed in Schedule 3, AUTHOR, as
Copyright Holder, hereby grants to PUBLISHER a limited license during the
term of this Agreement: (i) to photograph, copy, duplicate, reproduce, and
otherwise depict, by any method or means available to PUBLISHER, the WORK
to which this agreement pertains, (ii) to sell or distribute any such photograph,
copy, duplicate, reproduction or depiction of the WORK, through sales channels
including, but not limited to, Internet, retail outlets, catalog, education, trade,
advertising or promotion, for as long as PUBLISHER shall own or have the right
to sell or distribute the WORK, and (iii) to use the title of the WORK and the
name, portrait, picture or likeness of the Copyright Owner.
B. PUBLISHER hereby represents and warrants: (i) that he shall give
the Copyright Owner appropriate credit on the cover of the WORK, (ii) that he
shall not utilize the reproduction, photograph, or duplicate without the Copyright
Owner's prior approval.
C. AUTHOR hereby represents and warrants: (i) that s/he is the creator of the
above-described literary work, (ii) that s/he has full right, power and authority
to make this Agreement, (iii) that PUBLISHER may exercise the rights granted
herein without violation of any law, including any copyright law or law relating to
the right of privacy, and without infringing in any way the rights of any person or
corporation.
D. AUTHOR retains full ownership of the copyright, all serial rights,
broadcast rights, or other rights of authorship.
6. INDEMNIFICATION
AUTHOR and PUBLISHER shall indemnify and hold each other harmless from
any and all losses, claims, damages, liabilities, costs and expenses (including
reasonable attorney's fees) arising out of any violation by the other of the terms
of this Agreement. Such indemnification obligations shall survive the termination
of this Agreement, for a period of two (2) years.
7. WARRANTY
PUBLISHER warrants that the Services will conform to their respective
functional and technical specifications.
8. LIMITATIONS OF LIABILITY
A. PUBLISHER's sole obligation in case of any breach of its warranties set forth
in this Agreement shall be to use reasonable efforts to correct any and all
Services that are not in compliance with the warranties provided.
B. In no event will either party be responsible for special, indirect,
incidental or consequential damages which the other may incur or experience on
account of entering into or relying on this Agreement and the Schedule(s) hereto,
even if the other party has been advised of the possibility of such damages.
9. LAWS AND GOVERNMENTAL REGULATIONS
The parties to this Agreement shall be responsible (i) for compliance with all laws
and governmental regulations affecting their respective businesses and (ii) for
any use it may make of the Services to assist it in complying with such laws and
governmental regulations.
10. DEFAULT
It shall be a breach of this Agreement if either party (i) fails to pay when due any
sum of money due hereunder or pursuant to any of the Schedule(s) hereof, (ii)
defaults in the performance of any of the other provisions under this Agreement,
or (iii) defaults in the performance of, or fails to comply with this Agreement.
11. CONFIDENTIALITY
A. PUBLISHER acknowledges that AUTHOR may provide information to
PUBLISHER regarding upcoming literary works, and will not disclose any data,
electronic messages, or any other information to any third party regarding such
works.
B. PUBLISHER acknowledges that it will receive confidential information from
customers. PUBLISHER shall use all efforts to provide protection for confidential
information, including measures at least as strict as those PUBLISHER uses to
protect its own confidential information, but no less than a reasonable duty of
care.
C. PUBLISHER shall not use confidential information received from customers or
web site visitors for any purpose other than that of fulfilling PUBLISHER's
obligations under this Agreement, nor will the confidential information, or any
part thereof, be disclosed, transmitted, sold, assigned, mined, aggregated with
another client's information, leased or otherwise disposed of, or made available
for access by third parties, or be commercially exploited by or on behalf of
PUBLISHER, its employees or agents, except as expressly authorized by this
Agreement.
D. PUBLISHER shall adhere to all privacy and data protection laws applicable to
its gathering, processing, storing, and transmitting of customer information.
12. GENERAL
A. The parties acknowledge that they have not been induced to enter into this
Agreement by any representation or warranty not set forth in this Agreement.
B. If any provision of this Agreement (or any portion hereof) shall be held to be
invalid, illegal or unenforceable, the validity, legality or
enforceability of the remainder of this Agreement shall not in any way be
affected or impaired thereby.
C. The individuals executing this Agreement and the Schedule(s) hereto on
behalf of the parties each represent that they are duly authorized to execute this
Agreement and the Schedule(s) hereto on behalf of their respective principal.
D. This Agreement shall be governed by the laws of the State of Tennessee,
without giving effect to principles of conflicts of law.
E. The performance of any obligation hereunder by PUBLISHER will be excused
if prevented by acts of God, third party providers outside the control of
PUBLISHER, public enemy, fire or other casualty, labor dispute or, without
limiting the foregoing, any circumstances beyond PUBLISHER's reasonable
control.
F. This agreement is non-transferable.
G. Either party may terminate this agreement for any reason upon written
notification.
H. This agreement is non-exclusive.
Printable Copy of 2011 Westview Contract
Schedule 1 - Publisher Responsibilities
Schedule 2 - Author Responsibilities
Schedule 3 - Expenses and Disbursements
Addendum 1 - Publishing Plans
Addendum 2 - Optional Services
Addendum 3 - Publishing Guidelines
Addendum 4 - Publishing/Formatting Questionnaire
Addendum 5 - Author Book Prices
Return to Benefits
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| Published by Westview, Inc. P.O. Box 605 Kingston Springs, TN 37082 phone 615.646.6134 Copyright (c) 2008 Published by Westview, Inc. |
