Contract Info

Contract Info

eGRAPES

1. Editing and Proofreading Services

Fruitbearer Publishing LLC is committed to the highest standard of excellence. To that end, all typeset projects include editing. Fruitbearer LLC will make every attempt to retain the integrity of the Author’s voice and intent. All editing and proofreading services provided by Fruitbearer LLC will be done to the best of our editors’ ability in accordance with Fruitbearer LLC’s style guidelines. Content Editing includes content support and resolution, evaluation of flow, presentation, and sentence structure. Copyediting consists of correction of spelling, punctuation, and grammar: checking for consistency, proper usage and typographical errors. The Publisher’s proofreaders take great care with the completed document, but responsibility for final approval rests entirely with the Author. If further copy or content changes are requested after the formatted page proofs have been presented, the Author can expect additional
fees and a delay the estimated delivery of books.

2. Copyright

The Author owns the copyright to this work. Fruitbearer LLC shall place copyright notice in the Author’s name on all copies of the work and register the book with the Library of Congress. Formal registration with the U. S. Copyright Office is the prerogative of the Author. (Also see Item 12, Subsidiary Rights).

3. Pre-Press Proofs

The Author will have the option to receive a hard copy of the pre-press proofs or to review an electronic version of the final cover and interior files. The Author will authorize approval of the final files in writing, preferably via email. Fruitbearer LLC is not liable for errors if the Author communicated changes verbally, failed to mark the corrections, or failed to mark them clearly.

4. Alterations

After the interior pages are formatted, the Author agrees to pay Fruitbearer LLC’s current hourly rate ($65) for any additions that cause the pagination to change. Fruitbearer LLC reserves the right to charge additionally for complexities in cover design or interior design that exceed the anticipated cost.

5. Author’s Property

Fruitbearer LLC will not be held responsible for any loss or damage to the Author’s property while such property is in the possession of Fruitbearer LLC if loss or damage is caused by fire, water leakage, theft, insects, rodents, or any cause beyond its control. Upon request, Publisher shall provide Author with digital files that contain the formatted book and cover art.

6. Page Count

In the event that the final page count exceeds the estimate in excess of 5%, the final price shall be altered according to the following criteria: If the page count is higher due to additional material supplied by the Author, the additional cost will be borne solely by the Author. If the page count is higher due to a miscalculation by Fruitbearer LLC the additional cost will be borne equally by the Author and Fruitbearer LLC In all cases where the page count is less by more than 5%, the Author’s price shall be discounted accordingly.

7. Color Matching

Because of the differences in equipment, processing, proofing substrates, paper, inks, pigments and other conditions between color proofing and various production pressroom operations, a reasonable variation in color between color proofs, the printed job, and the individual press sheets shall constitute acceptable delivery. Fruitbearer LLC makes no guarantee that it can match a particular color within the color spectrum or that copies printed on different dates will exactly match the color of previously printed copies. However, the Author is encouraged to alert Fruitbearer to any dissatisfaction as a resolution may be possible.

8. Author and Publisher Copies

The Author’s wholesale price includes a $2 fee above the base printing rate for administrative costs. Fruitbearer LLC shall receive five (5) complimentary copies of the finished work to be used for the Library of Congress, the editor, the illustrator, for file, and for marketing purposes. Fruitbearer LLC also reserves the right to purchase additional books direct from the manufacturer at cost for promotional purposes. Shipping and handling will be paid by Author and Publisher respectively.

9. Delivery and Damaged Books

Changes in Author specifications, artwork, and approval times may alter delivery time. The Author bears all freight and associated charges, owns the goods in transit, and is responsible for any claims that may arise as a result of transit. Any defects, damages or shortages must be reported by the Author immediately to Fruitbearer so a claim may be filed. Failure to make such claim shall constitute irrevocable acceptance of the books and an admission that they fully comply with all terms, conditions, and specifications.

10. Fulfillment, Distribution, and Royalties

  1. All trade paperback and hardcover books published by Fruitbearer LLC are registered online with R. R. Bowker’s “Books in Print” and are accessible to retailers via assigned ISBN.
  2. Author compensation for Fruitbearer eStore sales will be the amount received (including shipping), less a $2 handling fee and credit card processing fee. The Publisher will maintain a log of direct sales and compensate the Author in a timely manner as sales accrue.
  3. Distribution to bookstores and retail outlets will be through Ingram/Spring Arbor, through LightningSource, Inc. (LSI), partnering with other major distributors. If the book is published via CreateSpace, an Amazon company, distribution will be via their partners worldwide. The Author is charged nothing for orders generated through these print on demand (POD) fulfillment and distribution sources and receives 50% of the royalties, with the Publisher retaining 50%. Fruitbearer LLC will pay royalties to the Author quarterly, semi-annually, or annually, depending on volume of sales (minimum of $25 in royalties).

11. Marketing

The purpose of this contract is for the creation, production, and delivery of books by Fruitbearer LLC. All marketing is ultimately the responsibility of the Author; however, the Publisher may offer to assist with dissemination of press releases, marketing strategies, public relations connections, publicist referrals, etc. Custom PR materials (postcards, bookmarks, business cards, press releases, marketing consultation, etc.) are optional and will be billed accordingly.

12. All Secondary (Subsidiary) Rights

  1. Electronic Rights. The Author retains all electronic rights. If the Author elects to have Fruitbearer LLC convert the book to eBook format and handle distribution, the Publisher shall credit the Author’s account with royalties received from eBook sales in the same manner as other royalties (50%).
  2. Subsidiary Rights. Fruitbearer will negotiate or acquire rights on the Author’s behalf with any third party, i.e., First Periodical Rights, Second Periodical Rights, Foreign Rights, Audio Rights, Condensation Rights, Anthology Rights, Book Club Rights, Dramatic Rights, Motion Picture Rights, Television Rights, Radio Rights, Translation Rights, Merchandising Rights, or Other Secondary Rights. Licensing proceeds from subsidiary rights will be split 50/50 between Publisher and Author.

13. Limitation of Liability

Fruitbearer LLC’s liability for all breaches of any term(s) of this agreement shall be limited to the quoted price and shall in no event include special or consequential damages including profits or lost profits.

14. Warranties, Representations, and Indemnities

The Author warrants to Fruitbearer LLC that he/she is the sole author of the work; that the work is original to him/her and has not been previously published; that the work does not contain anything obscene, libelous or defamatory, and all statements purporting to be facts are true. The Author is responsible for obtaining permissions for quotes and content. The Author will bear no responsibility for any legal costs and fees and will hlold Fruitbearer LLC harmless during the course of this Agreement and after the Agreement expires against costs and expenses of any suit, claim, demand or recovery.

15. Termination of Agreement and Successors

This Agreement may be terminated by either party at any time and without penalty by giving at least sixty (60) days written notice. Outstanding invoices due for work performed in good faith are payable immediately. Upon termination of the contract, Publisher will immediately cease selling Author’s work, with the exception of any remaining books still in the Publisher’s possession. In the event of death of either party, this Agreement shall be binding on the assigns, heirs, executors, administrators, and successors of both parties.

 

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