Those of you whose work was accepted for publication in Along the River II need to copy the below agreement, paste it into an email, add your information, and send it to firstname.lastname@example.org
AGREEMENT made this ___________ day of _________, 2012, between
ENTER YOUR NAME HERE
hereinafter called the Author (in case of multiple authorship the word “Author” is used collectively) and VAO Publishing (4717 N. FM 413 Donna, TX, 78537), hereinafter called the Publisher.
1. DELIVERY OF MANUSCRIPT
The Author, as a participant in the creation of a Work tentatively entitled
Along the River II: More Voices from the Río Grande
has delivered to the Publisher at the Author’s expense a Manuscript acceptable to the Publisher for inclusion in the anthology, which shall be ready for distribution no later than October 31, 2012.
2. EXCLUSIVE PUBLICATION RIGHTS
The Author hereby grants and assigns exclusively to the Publisher the right to publish the Manuscript in the Work and to distribute and market editions of the Work so published in North America. The author will
maintain ownership and possession of the copyright. After a term of one year from the date of publication, the Author is free to publish the Manuscript in any other venue or format.
The Author hereby warrants to the Publisher that
a) he/she is the sole author and sole proprietor of all rights in and to the Work;
b) the Work is original and is not in the public domain;
c) the Work does not violate or infringe upon any statutory copyright or trademark or upon any common law right, privacy right, proprietary right or any other right whatsoever, or contain obscene, indecent, scandalous, libelous, defamatory or unlawful matter, and the Author has full power to enter into this agreement;
d) The Author shall indemnify and hold harmless the Publisher and those to whom the Publisher may license or grant rights hereunder from any and all loss, damage, liability, or expense, including any legal costs and expenses and any compensation costs and disbursements paid by the Publisher on the advice of counsel to compromise or settle any claim, sustained or incurred or arising out of any breach or alleged breach of any of the foregoing warranties;
e) The warranties and indemnities shall be deemed to include without limitation any liability incurred by the Publisher as a result of sale or license of any subsidiary rights, and shall survive in the event this Agreement is terminated.
a) The Publisher hereby agrees for itself, its successors, representatives, and assigns that it will, after delivery to the Publisher of the manuscript as aforesaid and its approval by its editors proceed at within six months of acceptance of the manuscript unless that conditions are unsuitable, to publish the Work in suitable style as to format, packaging, title, imprint, and at a price such as, in its sole judgment, best meets the requirements of the market, using the customary means to market the said Work. Projected date of publication: October 2012.
b) The Publisher shall produce and publish the Work at their own risk and expense and with due diligence, unless prevented by strikes, lockouts, acts of God, or other circumstances beyond their control. The Publisher shall produce and publish the Work when it best fits the Publisher’s list and
c) The Publisher shall reprint the Work as it deems the demand for the same may require.
d) The Publisher shall have the right to make such editorial changes in the Work as it deems desirable and necessary.
The Author, upon publication of the Work, will receive one (1) free copy in payment for his/her contribution. An additional 10 copies can be purchased at a 40% discount from the Publisher (plus shipping charges). A panel of judges will carefully examine the published manuscripts and select four (4) prose and four (4) poetry pieces. These eight selections will be awarded in the amounts of $100, $75, $50 and $25 (for poetry) and $150, $100, $75 and $50 (for prose), respectively. The Author understands that inclusion in the Work does not imply a monetary reward. The Author agrees that Valley Artistic Outreach will retain the revenue from the sale of the Work to use in furthering art education and promoting the arts in the Río Grande Valley. As a division of this non-profit, the Publisher shall not use the revenues for any other purposes.
6. WITHDRAWAL FROM PUBLICATION.
When, in the sole judgment of the Publisher, the public demand for the Work is no longer sufficient to keep the Work for sale or to warrant its continued manufacture and sale, the Publisher may discontinue the manufacture and sale thereof.
7. BINDING AGREEMENT
This Agreement constitutes the complete understanding of the parties and no representation other than is contained herein shall be binding on either party. No alteration, modification, or waiver of any provision hereof shall be valid unless in writing and signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto, the heirs and personal representatives of the Author, and the successors and assigns of the Publisher. Any and all disputes will be
subject to arbitration.
8. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute that involves interpretation of this Agreement shall be submitted to binding arbitration by the American Arbitration Association. Any arbitration will take place at the Publisher’s chosen location.
IN WITNESS WHEREOF, the parties have duly executed this Agreement on the
day and year stated above.
VAO Publishing, represented by David Bowles
TYPE INITIALS HERE: