Michael Larsen-Elizabeth Pomada Literary Agents will be the author’s sole representative to advise and negotiate sales of all kinds for all of the author’s literary material and its subsidiary rights in all forms and media and for all future uses throughout the world. The agency may appoint co-agents for subsidiary rights management, including but not limited to foreign and film rights.
If the agency declines to handle a property, the author shall be free to do as he or she pleases with it without obligation to the agency.
The agency is irrevocably entitled to deduct 15% commission on all income earned through the agency for author’s writing services. For foreign and film rights, the agency may deduct 20%, which includes 10% for co-agents. All commissions received by the agency will not be returnable for any reason.
If a potential buyer for the author’s literary work or writing services approaches the author, they will be referred to the agency.
The author must approve all offers and sign all agreements negotiated on the author’s behalf. Michael Larsen-Elizabeth Pomada Literary Agents will be named as the agency of record in all agreements the author signs on all projects that the agency represents.
The agency shall receive on author’s behalf all money due to the author from agreements signed through the agency’s efforts. This includes all sales for which negotiations begin during the term of this agreement, and all changes and extensions in those agreements, regardless of when they are made or by whom.
The agency will remit all money and statements due to the author within 10 working days of receiving them.
The agency may respond to mail and email received on the author’s behalf unless it is personal, in which case the agency will forward it to the author promptly. The author will notify the agency promptly if there is a change in the author’s phone number, email or address.
The agency will pay for all expenses that arise in selling the author’s work, except photocopying the work; mailing it abroad; buying galleys and books; and legal assistance. The author must approve all expenses of more than $50 per occurrence.
If an idea originates from the author and the agency does not develop it with the author, the rights to the idea or any basic variation on it belong to the author. However, if another writer approaches the agency with the same idea or a similar idea, the agency is free to represent that project.
If the idea for a project originates from the agency, only the agency retains the rights to the idea or any basic variation on it. The agency may represent a project competitive to the author’s project, provided that author and agency agree that it doesn’t lessen the agency’s ability to represent the author’s work.
The author realizes that it may take years to sell a book, and the agency agrees to try as long as the agency believes it is possible. The agency will notify the author promptly when it can no longer help on a book. Then the author may do as he or she wishes with it without obligation to the agency.
If a problem arises about the agency’s efforts or the agency/author relationship, the author will contact the agency, and the agency will conscientiously try to solve the problem with fairness to both parties. A problem that can’t be solved will be resolved with a mediator or arbitrator chosen by both parties.
Either party may end this agreement with 60 days’ notice by registered mail. However, the agency will be entitled to receive statements and commissions on all rights on properties on which the agency makes the initial sale, whether or not the agency represents the author on the sales of these rights.
This agreement is binding on author’s and agency’s respective personal and business heirs and assigns, and will be interpreted according to California law.
The author is free to sign this agreement and will not agree to a conflicting obligation. The author will sign two copies, and each party will have one. Both party’s signatures are needed to change this agreement.
Both parties sign this agreement with the hope that it will symbolize a mutual long-term commitment to the development of the author’s career and to sharing the rewards of this growth.
Social Security Number ______________________________________________
My Signature ______________________________________________________
My Name _________________________________________________________
Birth Date ________________________________________________________
Street Address _____________________________________________________
City, ST, ZIP ______________________________________________________
Home Phone ______________________________________________________
2nd Phone (Work or Cell) ____________________________________________
How I was referred to you ____________________________________________
Agent’s Signature ___________________________________________________