Literary Agency Agreement

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									This Literary Agency Agreement is made between an author and a literary agent
whereby the author grants the agent the right to be the exclusive literary agent for the
author. The agreement provides for a certain term of the appointment and sets out the
percent of commission payable by the author to the agent for services and work
performed. This document is intended to provide standard terms and can be
customized to fit the needs of an author or a literary agent.
                     LITERARY AGENCY AGREEMENT

       THIS LITERARY AGENCY AGREEMENT (the “Agreement), is made this ____ day
of ___________, 2_____ [Instruction: Insert Date] (the “Effective Date”), by and between
________________ [Instruction: Insert name of Agent], ______________________________
[Instruction: Insert Address] (the “Agent”) and _________________ [Instruction: Insert
name of Author], [[Instruction: If the author has pen name(s), insert the following: also
known under the pseudonym(s) __________________], ______________________________
[Instruction: Insert Address] (the “Author”).

WHEREAS, the Author desires to appoint the Agent as the Author’s literary agent for the
Represented Works, as defined herein;

WHEREAS, the Agent is willing to accept such appointment and provide such services in
accordance such terms and conditions hereof;

NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants
contained herein, the parties hereto hereby agree as follows:


1. SCOPE OF REPRESENTATION

    A. The Author hereby appoints the Agent as the Author’s exclusive worldwide literary agent
for the purposes of representing the Author in the sale, lease licensing, or other disposition of the
rights in and to the Represented Works. For purposes hereof, Represented Works shall refer to
all works of authorship (including, but not limited to, books, articles, playscripts, screenplays,
teleplays, treatments, outlines) that are created by the Author: (i) prior to the Term, provided
such works are not represented by another literary agency or subject to prior an unagented sale;
and (ii) during the Term hereof. Throughout the term of this Agreement.

    B. The Agent hereby agrees that any offers made by any third parties for the sale, lease,
licensing, or other disposition of the rights in or to any of the Represented Works, shall be first
approved by the Authority in writing. Agent shall not execute or sign any Contract, as said term
is defined in paragraph 3 hereof, with respect to the Represented Works; Author’s signature shall
be required for all Contracts.

    C. At all times throughout the Term of this Agreement, the Agent shall use reasonable
efforts to market and advertise the Represented Works and shall not at any time, act in such
manner that may reflect poorly on the Author or the Represented Works.

2. TERM AND TERMINATION

    A. The initial term of this Agreement shall be for a period of one (1) year, commencing on
the date Effective Date. Following the initial term, the Agreement will automatically renew in
perpetuity, Provided that, following the initial term, either party may terminate this Agreement
at any time by providing thirty (30) days’ advance written notice to the other party. “Term,” as
such word is used herein, shall refer to the initial term and the renewal term, if any, as provided
herein. .

3. COMMISSION

In consideration of the Agent’s services hereunder, the Author shall pay to the Agent, and
authorizes Agent to deduct and retain as a commission for services rendered, the sum of
________ percent (___%)[Comment and Instruction: Insert Percent. This usually ranges
between 10% and 20%, often 15%] of gross revenue, whenever received due and payable to
Author in connection with any disposition of rights in and to the Represented Works (each a
“Contract”) resulting from efforts of the Agent, provided that the Contract is executed during the
Term or on all monies received by the Author from the sale of the Represented Works and in
connection with any and all disposition of rights in any of the Represented Works.
Notwithstanding the foregoing, with respect to any foreign (non-U.S.) rights retained from said
Contract(s), the Agent shall be entitled to the sum of ________ percent (___%)[Comment and
Instruction: Insert Percentage. This is usually 5% to 10% higher than the regular
commission] of gross revenue.

4. EXPENSES

Subject to the Author’s advance approval in written, in the event the Agent incurs any unusual or
extraordinary out-of-pocket expenses in direct relation to performing the services contemplated
herein, the Author agrees that the Author shall reimburse the Agent for such out-of-pocket
expenses.

5. DISBURSEMENTS

The Author authorizes the Agent to collect and receive on Author’s behalf all gross monies and
consideration due and payable to the Author in connection with the Contracts. Agent shall remit
to Author all such collections, less commissions pursuant to paragraph 3 hereof and approved
expenses pursuant to paragraph 4 hereof, within five (5) business days of the funds clearing the
Agent’s bank account.

6. ACCOUNTING AND AUDITING

The Agent agrees to, throughout the Term of this Agreement, keep accurate and up-to-date books
and records relating to the Author’s account. The Agent further agrees that, within sixty (60)
days following the conclusion of each applicable semi-annual accounting period, the Agent shall
provide the Author with a statement indicating all payments made, commissions paid and monies
received in the prior accounting period. The Author shall have the right to appoint a certified
public accountant or attorney to examine Agent’s books and records relating to all payments
made, commissions paid and monies received with respect to the Contracts, provided that such
examination shall take place at the Agent’s offices during normal business hours, on reasonable
written notice, not more frequently than once per statement or once in any calendar year and at
the Author’s sole cost and expense.

7. MISCELLANEOUS

    A. This Agreement constitutes the entire agreement between the parties and supersedes all
prior agreements, representations, warranties, statements, promises, information, arrangements
and understandings, whether oral or written, express or implied, with respect to the subject
matter hereof.

    B. Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder hereof.

     C. Any notice required or permitted to be given hereunder may be effectively given by letter
delivered either by personal delivery, registered mail or by electronic means, addressed to the
recipient at the addresses mentioned above.Any party may change its address for service from time
to time by notice given in accordance with the foregoing.

   D. No modification, supplement, termination, waiver or amendment to this Agreement may
be made unless agreed to by the parties in writing.

    E. This Agreement shall be binding upon and enure to the benefit of the parties and their
respective heirs, administrators, executors, successors and permitted assigns. Nothing herein,
express or implied, is intended to confer upon any person, other than the parties and their
respective heirs, administrators, executors, successors and permitted assigns, any rights,
remedies, obligations or liabilities under or by reason of this Agreement.

    F. This Agreement shall be governed by and construed in accordance with the laws of the
State of __________________ [Instruction: Insert State], applicable to agreements to be
wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in
the County of _____________ [Instruction: Insert County], State of ______________
[Instruction: Insert State].

    G. Neither party hereto may assign any or all of its rights and obligations provided for or
referred to in this Agreement without the prior written approval of the other party.

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IN WITNESS WHEREOF, the Author and the Agent have executed this Agreement as of the
day and year first written above.


AGENT:



________________________________ [Instruction: sign]

By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


AUTHOR:



________________________________ [Instruction: sign]

By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
SSN or FED ID: ___________________________ [Instruction: Insert Social Security
Number or Taxpayer ID]

								
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