Our Sample Contract

This is an example of our current agency contract. You are welcome to review it, ask questions about it, wish it was yours, and so on. In fact, the only thing you cannot do is reproduce it or print it. It's copyrighted, a word that will mean a lot more to you when your book comes out. Please note the straightforward (some say "forthright") language and easy-to-understand terms we use, which are by all accounts quite fair to us and to you, the author.  As the author of 29 books under 9 pseudonyms, senior agent Wendy Keller is a vocal advocate for author's rights. But don't take our word for it. Review the contract below:

NOTE TO AUTHORS: Don't sign an unfair contract, or anything you don't understand, no matter who offers it to you or how eager you are to get an agent.

WE CAN HELP YOU WITH ANY OTHER AGENCY'S or PUBLISHER'S CONTRACTS... sometimes even if it has already been signed!

KELLER MEDIA, Inc. AUTHOR REPRESENTATION AGREEMENT

This Agreement is between Keller Media, Inc., a California corporation, 23852 West Pacific Coast Highway, No. 701, Malibu, CA  90265 hereinafter referred to as "Agency" and {Your Name Here}, hereinafter referred to as "Author." 

1. AGENCY:  The Author appoints Agency as the sole and exclusive Agency to arrange and negotiate for the publication, sale, license and/or other disposition in any language or format the work provisionally titled, [Your Title Goes Here], hereinafter referred to as the "Work."

2. PERFORMANCE: The Agency will work to secure the best possible offers for the Work in a professional and efficient manner.  An agent will be reasonably available during working hours to discuss the status of the Work.

3. COMPENSATION: The Agency shall have the right to receive and/or retain as commission the following listed percentages of all gross proceeds, emoluments, and other value at any time received or derived by the Author from the publication of the Work, in whole or in part, in any and all languages, and from the sale, lease, license disposition or other exploitation of the Work throughout the world of any and all rights in and to the Work:

1. Fifteen percent (15%) of gross monies derived from the domestic  placement of the Work;

2. Twenty percent (20%) of gross monies derived from all foreign, ancillary, secondary, audio, and all other print or digital subsidiary income related to the Agency's placement of the Work

3. In the event the Agency uses a subagent to sell foreign rights, the Agency will receive 15% of the Author's income related to the sale, and an additional 10% of the Author's income will be paid to the subagent. These terms will also apply to other situations where the Author and the Agency shall agree that retaining a subagent is advantageous.

4. Twenty-five percent (25%) of gross monies derived from the Agency's placement of the Author as a paid speaker, exclusive of travel costs and other reimbursements for Author's direct expenses.

The Agency is entitled to the above-mentioned percentages as specified in 3.a-c for the legal life of the Work on agreements pertaining to the Work whether they arise from an agreement initiated or negotiated by this or another Agency, by the Author or by any third party or corporation if commenced or completed during the term of agency. Speaking engagements (3.d) not booked by the Agency are not subject to this agreement.  

4. TERM OF AGENCY:  The exclusive time period granted to the Agency in which to successfully place rights to the Work is twelve (12) months from the Author's submission of a final completed proposal or manuscript. Should the agreement expire without a sale, all rights revert to the Author and no compensation is due Agency. If the Agency successfully places any right to the Work during this time, Agency is hereinafter known as "Agency of Record" and is thus entitled to participate in the placement of all secondary rights extant within the Work.  If within four (4) months of expiration of this Agreement a publisher to whom the Work had been submitted by the Agency notifies the Author or the Agency that it wants to contract publication of the Work, the Agency is entitled to all rights provided under this Agreement, including by not limited to the right to receive commissions.  If so requested, the Agency will negotiate the book contract on behalf of the Author.

If the Author has or does create additional works prior to the sale of the Work, s/he may offer such to the Agency for review and possible representation.  The Agency is not obliged to accept such works for representation, and the Author is not bound to offer such works to the Agency first.  If Agency declines representation on an additional work, the Author is free to take the works elsewhere without any obligation to the Agency whatsoever.  If the Agency agrees to represent the new project, it is wholly subject to the terms of this Agreement.  Upon the sale of the Work herein contracted, the Author agrees to give the Agency first right of refusal on Author's next non-fiction work. Agency agrees to respond to all such submissions of additional works within fifteen (15) business days of receipt.

6. RECEIPT and DISBURSAL of FUNDS:  All publishers of the Work as well as all purchasers and licensees of subsidiary rights therein shall be directed and authorized by the Author to remit the Author's payments to the Agency.  Receipt of such payments by the Agency shall be deemed receipt by the Author.  The Agency shall remit payments to the Author, after deducting Agency commission, not more than fourteen (14) days after monies have been received.  There will be a clause in the Author-Publisher contract stating these terms and conditions.  The Author's heirs and assigns will respect and adhere to the intentions of this Agreement. 
7. EXECUTION OF AGREEMENTS: Agency will not enter into agreements on behalf of the Work without the Author's approval. No agreement is valid without the Author's signature. Author has the right to review all offers received and make suggestions for improvement.
8. OWNERSHIP: Author hereby warrants that s/he owns all the rights to the Work and is able to dispose of them.  The Author has an original copy of the manuscript in his/her possession. Author declares that there are no liens or pending legal action against this Work.  Author asserts that all manuscripts are her/his original work and free from any plagiarism or intent thereof.  Author accepts full and complete responsibility for the results of the use of her/his content by any third parties. Author indemnifies Agency and its employees and corporation from any liabilities, losses, claims, demands, costs (including those of an attorney) and any other expenses arising from or in connection with any breach or alleged breach of the foregoing. 
9. PREVIOUS EXPOSURE:  Prior to or upon signing this Agreement, the Author will provide the Agency with a complete list of publishers, if any, located anywhere in the world who have seen the Work or a proposal for the Work in its current form or previous form or draft.
10. RELEASE:  The Author acknowledges that the Agency does not purchase literary properties and cannot guarantee a sale.  Author acknowledges that other works may exist in the marketplace which may be similar to the Work, and that neither the Agency, its employees nor assigns can bear any responsibility for the existence of such competing works.  Items submitted for representation can be registered with the US Copyright Office, although it is customary for the publisher to obtain copyright on behalf of the Author when the work has become a viable commercial property by nature of a legally binding contract. Author agrees to notify the Agency if such copyright is obtained prior to the sale of the Work. 
11. ENFORCEMENT: In the unlikely event of a dispute over any of the terms of this Agreement, the parties agree to resolve such dispute by the pursuit of arbitration through an accredited and mutually acceptable arbitrator.  The prevailing party shall have the right to recover all costs associated from the breaching party.  In any dispute over this Agreement, the laws of the State of California shall apply.  
    
12. ASSIGNMENT and AMENDMENT: This agreement shall be binding on both the Author and the Agency.  It is not transferable or assignable without joint written consent.  In the event of the death or inability of either of the parties, the heirs, assigns and executors are hereby legally bound.  This Agreement cannot be canceled, altered or amended except by an instrument of writing signed by both parties.

COPYRIGHT © 2003-2014, Keller Media, Inc.
ALL RIGHTS RESERVED
Infringement WILL be prosecuted.