Agreement
between the New England Science Fiction Association, Incorporated, a Massachusetts non-profit corporation, hereinafter called the “Publisher”, and Priscilla Bellairs, hereinafter known as “Owner”.
1. Grant of Rights
The Ownerhereby grants and assigns to the Publisher the exclusive right to publish in English in North America in hardbound, book club, and/or trade paperbackbook form a work, hereinafter called the “Work” containing material written by John Bellairs, hereinafter called the “Author”.
2. Selection of Material
The Publisher has selected the material to be included in the Work with the agreement of the Owner. These include, but are not necessarily limited to, the works listed in Schedule A.
3. Competitive Editions
While rights to the individual works are nonexclusive, the Ownerrepresents and warrants that the Owneragrees not to authorize or arrange or allow for any collection which would contain more than one of theworks listed in Appendix A to be published in English in North America in any single volume for the term of the Publisher's license, which presently extends to May 1, 2010, hereinafter called the “Date”, unless otherwise granted in writing by the Publisher.
4. OwnerWarranties
The Ownerrepresents with respect to the part of the Work written by the Authorand named as such in the Work, that the Owneris the sole owner of that part of the Work and has full power and authority to copyright it and to make this agreement; that that part of the Work does not infringe any copyright, does not violate any property right, and does not contain any scandalous, libelous, or unlawful matter. The Ownershall hold harmless and indemnify the Publisher against all losses, costs, damages, and expenses, including legal fees incurred by the Publisher, that the Publisher may incur as a result of any claims, demands, suits, or recoveries finally sustained by reason of any such violation of copyright or other property or other personal rights; provided, however, that the Publisher shall with all reasonable promptness notify the Ownerof any claim or suit which may involve the warranties of the Ownerhereunder; and the Ownerfully agrees to cooperate in the defense thereof.
5. Copyright
The Publisher, upon first publication of the Work, agrees duly to copyright the part written by the Author in the name of the Ownerand to imprint the copyright notices required by law in each copy of the Work. The Owneragrees to furnish to the Publisher promptly any authorization or other documents necessary to carry out the provisions hereof.
6. Publication
The Publisher agrees to publish the Work in one hardbound volume and between 800 and 2000 copies. Subsequent hardbound printing may be of up to 2000 copies. Additional trade paperback printings of the Work may be published by the Publisher under the terms and conditions contained herein. If the Work is not published before May 1, 2007, this contract shall be terminated and the Ownershall retain the advance payment.
7. Owner’s Royalty
The Owner’s royalty for the first printing shall be 9% of the cover price of the Work for each copy of the Work printed payable upon publication of the Work; an advance of $1,000., hereinafter called the “Advance”, is payable upon signing of this contract. The Owner’s royalty for all subsequent printings by the Publisher shall be 9% of the cover price. The Owner’s royalty on any book club edition shall be 50% of the royalties received by the Publisher and shall be payable upon receipt by the Publisher.
8. Payments
The Advance and the Owner’s royalty shall be paid to Richard Curtis Associates, Inc. 171 East 74th Street, Floor 2, New York, NY10021, whose receipt constitutes full and valid discharge of Publisher's obligations herewith.
9. Owner’s Copies
Twenty copies of the Work (both hardcover and trade paperback if published) shall be reserved for the Owner and shipped to Richard Curtis Associates, Inc. 171 East 74th Street, Floor 2, New York, NY10021.
10. Publisher’s Determination
The Publisher shall have the right to determine the method and means of advertising and selling the Work; the number and destination of free copies, except as provided above; the price and discounts allowed; and all other publishing details, including the printing process, whether from plates or type or other process; the style, size, type, and paper to be used, and how long the plates or type shall be preserved, when they shall be destroyed, and all similar details.
11. Electronic Versions of the Work
The Owner shall provide a complete electronic copy of the John Bellairs’ novel The Face in the Frost in either Microsoft Word or RTF format to the Publisher. After publication, the Publisher will provide the final Microsoft Word version of the works listed in Schedule A in to the Owner on a CD-ROM mailed to Richard Curtis Associates, Inc. 171 East 74th Street, Floor 2, New York, NY10021.
12. Changes
This agreement shall not be subject to change, modification, or discharge, in whole or in part, except by written instrument signed by the Ownerand an Officer or Duly Authorized Agent of the Publisher. After the Date, this contract may be terminated by either party upon sixty days’ written notice. Such termination shall not affect the Publisher’s right to sell any of the Work that has either been printed or has been contracted to be printed pursuant to the terms of this contract.
13. Construction, Heirs
This agreement shall be construed and interpreted according to the laws of the Commonwealth of Massachusetts and shall be binding upon the parties thereto, their heirs, successors, assigns, and personal representatives, and references to the Author and Publisher shall include their heirs, successors, assigns, and personal representatives.
New England Science Fiction Association, Incorporated
by______
Gay Ellen Dennett, Presidentdated
Owner
by______
by Priscilla Bellairsdated
Schedule A
The Face in the Frost
The Pedant and the Shuffly
St. Figita and Other Parodies
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