24-7 Titles legal contract
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24-7 Titles AUTHOR AGREEMENT
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An Agreement made between John Smith (“the Author”) of Full Address and 24-7 Titles, part of 24-7 Prayer, a charity registered in England number 1091413 (“24-7 Titles”), dated 1st January 2006, whereby it is agreed as follows:
1. Purpose
The Author wishes to publish literary, artistic or creative works (“the Work(s)”) which relate to the purposes and mission of 24-7 Titles. 24-7 Titles wishes to provide editorial, agency and marketing services to facilitate the creation, publication, and sale of such Works.
2. Acceptance of a Work
The author shall submit a Work to 24-7 Titles for acceptance under this agreement. 24-7 Titles shall consider the Work or proposed Work and communicate their decision whether or not to accept the Work to the author in writing. On issuing such notice of acceptance the Work shall be deemed to be “Accepted” (an “Accepted Work”), and the terms of this Agreement shall then apply to that particular Work in full.
3. Non-exclusivity
This agreement is not intended to create exclusivity between the Author and 24-7 Titles. 24-7 Titles will be under no obligation to Accept any particular Work proposed or submitted by the Author, and the Author will not be required to offer any particular Work to 24-7 Titles for Acceptance.
4. Rights to the Work
All Rights to the Work, including copyright, publication rights, and all other rights shall remain the property of the Author.
5. Editorial services
24-7 Titles shall provide a basic level of editorial advice to the Author in respect of the Accepted Work. This may include but is not restricted to advice on style, content, format, or grammar. The purpose of such advice is to ensure that the Work adequately reflects the vision and values of 24-7 Prayer and is in a form likely to be accepted by a Publisher for publication. 24-7 Titles may exercise its rights to terminate this agreement in respect of an Accepted Work if the Author is unwilling to accept such reasonable editorial requests as are made.
6. Agency service
24-7 Titles shall act as an agent to the Author and shall use best endeavours to procure on behalf of the Author an offer from a Publisher to publish the Accepted Work. The Author grants exclusive rights to 24-7 Titles to carry out such discussions and negotiations on his/her behalf during a nine month period subsequent to the Work being deemed an Accepted Work. The Author shall provide such reasonable assistance as may be necessary to 24-7 Titles to bring such negotiations to a conclusion mutually acceptable to all parties.
7. Contract with Publisher
The Author may not enter into any contract in respect of an Accepted Work during a nine month period subsequent to the Work being deemed an Accepted Work without the permission of 24-7 Titles and the Author is not obliged to enter into any such contract, except that in the event of a bona-fide offer from a Publisher 24-7 Titles will not unreasonably refuse permission and the Author will not unreasonably refuse to enter into the contract. Where such a contract is entered into, the Author shall provide a copy thereof to 24-7 Titles within one week of signature.
8. Confidentiality
24-7 Titles will act in the capacity of a professional advisor to the Author and the Author shall disclose to 24-7 Titles information which is held to be confidential under the terms of the contract between the Author and the Publisher. 24-7 Titles will hold such information confidential to the same degree that the Author is required to do so under the terms of the contract between the Author and the Publisher.
9. Liabilities arising
All liabilities or potential liabilities arising from any contract between the Author and a Publisher shall remain with the Author. 24-7 Titles will accept no liability in respect of the Work or any contract to publish the Work however arising. Obtaining advice in respect of any such liabilities shall be the responsibility of the Author.
10. Editorial control
Where the Author has rights under the terms of a contract between the Author and a Publisher to exercise editorial control over the Work following submission to the Publisher (for example to review any editorial changes proposed by the Publisher or to approve the final draft prior to printing) the Author will consult with 24-7 Titles in respect of such editorial decisions and will not unreasonably refuse the requests or advice of 24-7 Titles in respect thereof. Where such rights of editorial control granted to the Author by the Publisher are time limited, the Author shall communicate details of the commencement of any such time limited period to 24-7 Titles within 24 hours of becoming aware of the commencement thereof and shall make reasonable efforts to allow editorial input from 24-7 Titles during such period.
11. Marketing
24-7 Titles shall use best endeavours to market any published Work through means of the 24-7 movement. Such marketing may include at the discretion of 24-7 Titles: promotion through the 24-7 website, offering the Work for sale via the 24-7 web shop, promotion of the Work at 24-7 events, direct communication to supporters of the 24-7 movement by whatever means.
12. Use of 24-7 name and brand
24-7 Titles grants to the Author the right to use the 24-7 name and brand images for the exclusive purpose of assigning this right to the Publisher under the terms of any contract between the Publisher and the Author relating to an Accepted Work, provided that these terms have been agreed by 24-7 Titles in advance. The Author agrees to procure that all published editions of an Accepted Work will carry a 24-7 logo on the spine, the design of which will be advised by 24-7 Titles.
13. Right to purchase at author’s discount
Where the Author has a right to purchase copies of an Accepted Work at preferential rates under the terms of a contract between the Author and a Publisher, the Author shall procure and exercise a right to make copies of the Work available to 24-7 Titles for sale through the 24-7 Prayer movement only at that same rate.
14. Right to use extracts of the Work
The Author shall use best endeavours to secure rights to reproduce up to 25% of an Accepted Work for teaching, promotional or other purposes under the terms of a contract between the Author and a Publisher, and shall procure and grant the same rights to 24-7 Titles in respect of that Work.
15. Initial Fee deducted from Advance
In the event that a contract is entered into between the Author and a Publisher in respect of an Accepted Work which includes an Advance against Royalties, the author shall pay an Initial Fee to 24-7 Titles of One Thousand Pounds (or 50% of the Advance if the total amount of the Advance is less than Two Thousand Pounds). Fees are calculated based on the actual sums paid by the Publisher to the Author or his/her assignee(s). Multiple Advances or Advances paid in stages shall be treated as a single Advance for calculation purposes. Amounts shall become due to 24-7 Titles within 28 days of receipt of payment by the Author. The amounts stated in this clause may be varied in respect of any Accepted Work by the agreement of both parties in writing.
16. Fees deducted from Royalties
In the event that the Author receives Royalty payments from a Publisher in respect of an Accepted Work (including both Royalties paid in the form of an Advance and subsequent Royalties), the Author shall pay a fee to 24-7 Titles equal to the following: a. 15% of the Royalty payments where the Work is a First Work; b. 10% of the Royalty payments where the Work is a Second Work; c. 5% of the Royalty payments where the Work is a Subsequent Work. Any Initial Fee paid by the Author to 24-7 Titles shall be deducted from the total amount due when calculating fees under this clause. Fees are calculated based on the actual sums paid by the Publisher to the Author or his/her assignee(s). Amounts shall become due to 24-7 Titles within 28 days of receipt of payment by the Author. Interest may be claimed by 24-7 Titles at the base rate for the time being of our bank.
17. Definition of a First or Second Work
The first Work which is Accepted by 24-7 Titles and results in the publication of that Work by a Publisher shall be deemed the First Work. The second such Work shall be deemed the Second Work. The third or subsequent such Works shall be deemed Subsequent Works. Where the Author has previously had one or more Works published independently of 24-7 Titles, 24-7 Titles may at its reasonably applied discretion deem these to be First or Second Works for the purposes of this Agreement. In this event 24-7 shall notify the Author in writing and any Accepted Works shall then be treated as Second or Subsequent Works as appropriate.
18. Termination of Agreement
The Author or 24-7 Titles may terminate this Agreement at any time in respect of future Works by notifying the other party in writing excluding email and text messaging. Such termination shall not apply to Accepted Works which have previously been Accepted under the terms of this Agreement.
On receipt of a written notice of Acceptance of any particular Work, the Author may notify 24-7 Titles in writing within 14 days that they do not wish to proceed, and the terms of this Agreement shall not then apply in respect of that particular Work and the Work shall cease to be considered an Accepted Work.
24-7 Titles may choose to revoke Acceptance of any particular Work at any time prior to the signing of a contract for publication between the Author and a Publisher, by so notifying the Author in writing. The Work shall then cease to be considered an Accepted Work and the terms of this Agreement shall no longer apply to that particular Work.
In the event that 24-7 Titles in their reasonable judgement and having made reasonable efforts consider that they will be unable to negotiate a contract between the Author and a Publisher in respect of an Accepted Work, 24-7 Titles shall so advise the Author in writing and the Work shall cease to be considered an Accepted Work.
This agreement may be terminated in respect of an Accepted Work at any time by the mutual agreement of both parties in writing.
19. Points of law
This Agreement constitutes the entire agreement between the parties and supersedes any previous agreement. The Agreement is subject to the laws of England and Wales. In the event that any part of the Agreement is deemed unenforceable it shall be severed from the Agreement and the balance shall remain in effect. Non enforcement of any part shall not prevent either party from enforcing that part or any other part in the future.
20. Resolution of disputes
The parties agree that any controversy or claim arising out of this Agreement shall be resolved with the assistance of the Christian Conciliation Service or similar Christian organization through mediation, or, as a last resort, through legally binding arbitration.
Signed in witness hereof:
The Author:
Signature: ……………………………………….
Name: ……………………………………….
Date: ……………………………………….
24-7 Titles:
Signature: ……………………………………….
Name: ……………………………………….
Date: ……………………………………….
