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This is a sample form of agreement between an author of a book and a literary agent who will represent the author in seeking to place the book with a publisher. Compensation to the literary agent is pegged to a percentage of the royalties received by the author. The form is drafted to be in favor of the literary agent.
Form: Explanation: Literary Agent Agreement (Pro-Literary Agent) This is a sample form of agreement between an author of a book and a literary agent who will represent the author in seeking to place the book with a publisher. Compensation to the literary agent is pegged to a percentage of the royalties received by the author. The form is drafted to be in favor of the literary agent. Orientation: Form Literary Agent Agreement This is an agreement by and between (“Agent”). (“Author”) and WHEREAS, Author has written a [book manuscript] [or] [proposal for a book] entitled “___________________” (the “Book”). WHEREAS, Author wishes to have the book published by a reputable Publisher. WHEREAS, Literary Agent is a literary agent who represents authors in connection with negotiations with publishers. Therefore, the parties agree as follows: 1. Appointment. Author hereby appoints Literary Agent as hiss ole and exclusive agent to negotiate for the publication, sale or license of the hardcover and soft cover versions of the Book. Literary Agent will use his commercially reasonable efforts to have the Book published on terms acceptable to Author. 2. Term of Representation. The term of this Agreement is for  days (the “Term”). 3. Commission. (a) Literary Agent shall be entitled to a commission if Author signs an agreement during the Term (or enters into negotiations for an agreement during the Term) for publications of the Book. (b) Literary Agent’s commission shall be deemed earned whether the agreement signed by the Author is negotiated by Author, by Literary Agent, by Author’s lawyer or by an third party. (c) Literary Agent’s commission due hereunder shall be equal to _____ percent (___%) for any and all royalties, fees or other compensation Author receives with respect to the Book or any modifications or updates of the Book or any works derived from the Book. 4. Author Representations and Warranties. Author hereby represents and warrants as follows: (a) He is or will be the sole author of the book and will have full copyright and other proprietary rights to the Book. (b) He has full right, power and authority to enter into this Agreement. (c) He has not entered into any agreement or understanding that conflicts with this Agreement, including but not limited to signing up with any other literary agent with respect to the Book. 5. Miscellaneous. (a) This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings and the like respecting the subject matter hereof. 2 (b) The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and not strictly for or against any party, and any rule that ambiguities shall be construed against the drafter of a document shall not be applicable with respect to this Agreement. (c) This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conf
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