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.
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. \ \ \ \ \ \ \ \ \ 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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