Our Agency Agreement
Dear Michael, Elizabeth and Laurie, While trust, friendliness, and confidence are the basis for our relationship, I am ready to put our commitments to each other in writing: I appoint you my sole agent to advise me and negotiate sales of all kinds for all of my literary material and its subsidiary rights in all forms and media and for all future uses throughout the world. You may appoint co-agents to help you. If you say that you can't handle a property, I shall be free to do as I please with it without obligation to you. If a potential buyer for my literary work or writing services approaches me, I will refer the buyer to you. If an idea is mine and we do not develop it together, only I have the rights to the idea or any basic variation on it. However, if another writer approaches you with the same idea or a similar idea, you are free to represent the project. If the idea for a project is yours, only you have the rights to the idea or any basic variation on it. You may represent a project competitive to mine, provided that we agree that it doesn't lessen your ability to represent my work. You will pay for all expenses which arise in selling my work except photocopying my work; mailing it abroad; buying galleys and books; and legal assistance. I must approve all expenses of more than $50 for which I will be responsible. You may receive on my behalf all money due me from agreements signed through your 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. You are irrevocably entitled to deduct 15% commission on all income earned through your agency for my writing services. For foreign and film rights, you may deduct 20%, which includes 10% for your co-agents. All commissions you receive will not be returnable for any reason. I must approve all offers and sign all agreements negotiated on my behalf. Michael Larsen/Elizabeth Pomada Literary Agents will be named as my agency in all agreements I sign on all projects that you represent. You will remit all money and statements due me within 10 working days of receiving them. You may respond to mail received on my behalf unless it is personal, in which case you will forward it to me promptly. I will notify you promptly if I change my phone number or address. I realize that it may take years to sell a book, and you agree to try as long as you believe it is possible. You will notify me promptly when you can no longer help on a book. Then I may do as I wish with it without obligation to you. If a problem arises about your efforts or our relationship, I will contact you, and we will conscientiously try to solve the problem with fairness to both of us. A problem we can't solve will be resolved with a mediator or arbitrator we choose. You or I may end this agreement with 60 days' notice by registered mail. However, you will be entitled to receive statements and commissions on all rights on properties on which you make the initial sale, whether or not the agency represents me on the sales of these rights. This agreement is binding on our respective personal and business heirs and assigns, and will be interpreted according to California law. I am free to sign this agreement and will not agree to a conflicting obligation. I will sign two copies, and each of us will have one. Both of our signatures are needed to change this agreement. We sign this agreement with the hope that it will symbolize our mutual long-term commitment to the development of my career and to sharing the rewards of this growth.
Date ____________________________________________
Social Security Number _______________________________
My Signature ______________________________________ My Name _________________________________________
Birth Date ________________________________________
Street Address _____________________________________
City, ST, ZIP ______________________________________
Home Phone ______________________________________
2nd Phone (Work or Cell) _____________________________
Fax _____________________________________________
E-mail ___________________________________________
Website _________________________________________
How I was referred to you _____________________________ Agent's Signature ___________________________________ |
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