Winning in Life and Work : Success Secrets
This agreement (“Agreement”), effective as of [InsertSignupDate email=%%EMAIL_ID%%] (“Effective Date”), outlines the professional relationship between Be Your Change Ltd (“BYC”) and %%FIRST_NAME%% %%LAST_NAME%% (“Author”) for the involvement in and publication of the book titled “Winning in Life and Work : Success Secrets” (“Book”)
The publishing of the specified book is a cooperative partnership between BYC and %%FIRST_NAME%% %%LAST_NAME%%, which does not create any legal incorporation or entity. In summary, the relationship is a mutual undertaking in which BYC works with %%FIRST_NAME%% %%LAST_NAME%% to publish their contribution in the Book.
This document is strictly confidential and is only to be read by the Author. Placing an order and submitting payment to contribute to this book is deemed as full acceptance of this agreement.
This Agreement is between Keith Blakemore-Noble on behalf of Be Your Change Ltd, Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD, Scotland; and %%FIRST_NAME%% %%LAST_NAME%%, [InsertUserAddr email=%%EMAIL_ID%%] (“You”, “Contributor”, “Contributors”, “Author”, “Co-Author”), together known as “the Parties”, for the title Winning in Life and Work : Success Stories. (“Book”, “Title”, “eBook”, “Audiobook”)
1. Intellectual Property & Copyright
%%FIRST_NAME%% %%LAST_NAME%% retains ownership of all intellectual property written into and included in their contribution to the Book. %%FIRST_NAME%% %%LAST_NAME%% does not own the copyright over any of the other intellectual property contributed to or published in the Book by other authors including Keith Blakemore-Noble.
%%FIRST_NAME%% %%LAST_NAME%% must obtain written permission to use in the Book any copyright material that is not owned by %%FIRST_NAME%% %%LAST_NAME%%.
%%FIRST_NAME%% %%LAST_NAME%% agrees and states that their contribution submitted to the Book via BYC for publishing has not in any way, been copied from or is a modification of another body of work including but not limited to books, seminars, courses, trainings, speeches, presentations, dissertations, PhD’s, essays, assignments, blog posts, articles, and newspaper clippings. All references to any other person or companies intellectual property must be made in all relevant and applicable locations and done so accurately.
BYC is not and cannot be held liable financially, personally or professionally under any circumstance for claims made against you as an individual or as part of your company or organization for plagiarism of another person’s or institution’s body of work, principles, formulas, written or verbal content methodologies, guidelines, strategies, blueprints, concepts, and ideas.
2. Author’s Declaration
As a contributing Author to the Book, you acknowledge and agree that:
- You are the sole author of your contribution and are therefore the owner of the rights;
- You are not bound by any previous agreement(s) that affect(s) this Agreement;
- Your contribution is an original work;
- The Book and BYC’s dealings with the Book in accordance with this Agreement will not infringe any existing copyright or other right or licence of any third party in respect of the rights granted under this Agreement;
- You understand and agree that you are liable for any content within your contribution to the Book that may be considered inappropriate in nature;
- All content within your submission to the Book is, to the Author’s knowledge, not designed or written with the intent to negatively impact or harm the reader;
- All facts, research and references used within your contribution to the Book are accurate.
%%FIRST_NAME%% %%LAST_NAME%% undertakes to indemnify and keep indemnified BYC against any actions, claims, proceedings, damages, loss or costs that BYC may suffer or incur as a result of any breach of the above. This includes legal costs for a solicitor and own client basis and any compensation costs or damages paid by BYC to compromise or settle any claim.
As a Contributor to the Book, you are entitled to earn royalties from the on-selling of the Book via the following process :
- Contributors will be able to order books from BYC for distribution and sale in line with Section 5 of this Agreement;
- Contributors will be able to promote and sell ordered books to customers through various avenues of sale, including but not limited to personal or company websites, speaking presentations, media opportunities, social media and in-person networking;
- Contributors are entitled to retain 100% of the remaining gross profit of book sales.
The physical Book may be sold by the author for whatever price they choose, whether at the retail price, below the retail price, or even above the retail price. The author may also give the physical Book away for free.
BYC will retain full royalties on the sale of the eBook version of the Book, printed copies of the Book, and Audiobook copies of the Book, sold via BYC, the Winning in Life and Work website (www.WinningInLifeAndWork.com), the Be Your Change website (be-your-change.co.uk) and any other online or physical book stores.
BYC utilizes a print-on-demand system with three printing locations globally. The Book will be printed at the location closest to the specified delivery address for the order to minimize shipping time and costs. Please note that the Book cannot be listed, printed or published with any other publishing or printing house without prior written consent from BYC. The ordering and printing of copies of the Book ordered by customers will be managed by BYC and therefore you will not be responsible for the management of these orders.
5. Ordering & Delivery of Books
As a contributor, you are entitled to purchase unlimited copies of the physical paperback Book at cost-price, and to take advantage of discounts for bulk purchases. All orders for copies of the Book are to be placed through the BYC office. BYC requests that you provide the details of your order via the BYC membership site website.
The cost-price of the book is commercially confidential and you must not disclose that price to any other party.
Once payment has been completed for the selected number of copies of the Book (including incurred shipping fees for the delivery of books to your specified location), the BYC office will place the order on your behalf. Full payment of the order must be received by BYC before orders are placed.
Printing prices of the Book and/or delivery costs may increase due to changes in paper costs, ink cost, shipping costs etc. without prior notice to the Author, and are entirely outwith BYC’s control.
BYC does not guarantee that book orders will be printed and delivered within definite time frames and therefore it is your responsibility to ensure that you allow adequate time frames for any deadlines for the printing and shipping of the Book(s) in all cases including special events including but not limited to speaking presentations and book launches.
BYC does not, under any circumstance, cover shipping costs for books that you sell or give away to your readers/buyers/resellers or that you order yourself or on behalf of your business(s). BYC recommends that you (as standard practice) charge shipping costs for books to the readers/buyers/resellers of the Book upon purchase.
6. Distribution, Marketing & Promotion
As a Contributor to the Book, you have the right to promote and sell the Book though your company or personal website(s) and other means including but not limited to media work, social media platforms, and speaking presentations. BYC will provide you with promotional content with which to market the Book. In the case that you wish to generate your own marketing material, BYC requests that you use written content and graphics from www.WinningInLifeAndWork.com to maintain worldwide consistency in the public representation of the Book.
In the case that you as the Contributor secure a media opportunity to talk about the Book on radio or television on a state-wide or national level in any country, you must advise BYC of the details (such as show, channel, broadcast time, coverage, magazine title and edition, etc). Where possible, BYC should be sent a copy of the published article or a recording of the media broadcast, which BYC may wish to include in future promotional material and/or websites.
In all marketing and promotion of the Book, you are entitled to position yourself as a Contributor to and an Author/ Expert Author, VIP Author / Celebrity Author (as applicable to the level at which you enrolled), and utilize these titles throughout business and personal interactions.
BYC retains the right to produce, maintain, promote and distribute print editions of the Book, the eBook and Audiobook globally through avenues including but not limited to the BYC company website, sales pages, social media, email marketing, speaking presentations, and media work indefinitely. You agree to allow BYC to use any part of your contribution, photo, website, full name and details submitted to the Book for publicity and marketing purposes. You also agree to allow BYC to feature the Book as a representation of the titles published by BYC.
The title, subtitle, cover, website and project concept are the sole property of Keith Blakemore-Noble and BYC and therefore at no stage are you permitted to misrepresent or take credit for these as a Contributor. Authors are not entitled under any circumstance to speak on behalf of either Keith Blakemore-Noble or BYC. BYC is not liable under any circumstance for damages incurred as a result of the media work, promotion or sales of the book by you as the Author including but not limited to social, legal, financial, personal and professional.
7. Inclusion of Contribution
You are required to submit your contributions in a timely manner as specified and announced by BYC. Every effort will be made to accommodate your schedule, but ultimately the book can not be held up if one or more contributors fail to submit their contributions in a timely manner. Any such omissions would result in termination as per section 10 of this agreement.
We will make every effort to include all of your work, but we reserve the right to make changes where necessary to maintain the high quality of the finished product for everyone. No illegal, obscene, derogatory or offensive content may be included, nor will any refunds be given if you chapter cannot be included because of this. In all cases, our decision will be final, although we will make every reasonable effort to work with you to resolve any issues should they arise.
8. Revisions and Removal of Contributions
As part of the process, your contribution will be reviewed and, where necessary, edited by a professional proof reader and editor. You will be given the opportunity to review the recommended edits, and to approve or reject them. You will be given 1 round or revisions which you may request at this stage. Please note that other than accepting or rejecting recommended edits, there is a limit to the number of additional changes which you may request – requesting additional changes will be subject to additional charges which will be advised at the time or upon request. Please also note that the proof-reading and editing service can not guarantee to catch every single mistake, nor can it provide “deep copy editing” such as revising entire sections of your work. If you feel that your level of writing is not up to acceptible standards, then you are strongly advised to have your contribution proof-read and edited seperately – BYC can provide recommendations for editors to use, although all costs must be paid for by you.
In the case that you notice an error in your contribution to the Book after the book has been printed (e.g. a spelling mistake), you are required to contact the BYC office with notification about the specific error/s to be rectified including page number and specific location of the error e.g. Page 175, 4th line, 5th word in.
A re-submission of your contribution to the Book due to Author error (e.g. finding a mistake after you have signed off your page and the Book has been printed) will incur a fee of £200 per correction to be paid by you as the Author before the Book will be updated. It is for this reason that BYC recommends you perform a detailed and thorough check of your final contribution for the Book (sent to you by BYC prior to publishing) before signing off on your page with BYC. Please note: BYC does not allow or accept resubmission of a contribution to the Book purely because you decide you want to change what you wrote post-publish.
In the unlikely event that you as the Contributor wish to remove your piece from the Book, you are required to contact the BYC office and clearly express your request in writing. Please note, the final decision on whether to remove your contribution from the Book resides with BYC, and you will be responsible for any and all costs associated with re-editing and re-publishing the Book, which could be substantial. Under no circumstances will existing copies, physical, electronic or otherwise, be replaced.
BYC is not and cannot be held liable for the financial, professional or personal profitability or overall success of the Book, regardless of the scale or definition. BYC is also not liable for any repercussions you, the Book and/or your business(es) encounter, regardless of whether this is of social commentary, legal issues, business impact, copyright infringement, libel and any other nature.
While BYC may provide guidance, advice and creative ideas related to the pre-selling, launch and/or marketing of the Book, as the Author you are fully responsible and understand the risk for the implementation of advice of this nature. You, therefore, release BYC from any accountability or liability for the implementation or non-implementation of any advice or ideas provided to you by any team member or associate of or with BYC.
All Contributors are liable and to be held fully responsible for the management of income from Book sales, including the payment of relevant taxes as per the Author’s country of residence and business status. Under no circumstance can BYC be held liable for the mismanagement of income or tax infringements by the Author.
10. Term & Termination
The term of this Agreement shall commence on the Effective Date and continue inper petuity. BYC may terminate this Agreement immediately, in whole or in part, if you:
- Fail to pay any undisputed amounts due in accordance with the terms of this Agreement;
- Abuse your rights and privileges under this agreement;
- Are found to be ineligible for BYC services for any reason, be it legal, professional, or criminal.
Please note that if you are on a payment plan, you must compete your payments before your chapter will be included; if you stop your payments then BYC may terminate this agreement and your chapter will not appear and your existing payments will be forfeit.
In the case that any of the above occurs, %%FIRST_NAME%% %%LAST_NAME%% will have their full contribution to the Book removed without a refund of any fees paid.
BYC shall retain the right to pursue additional reprints, new editions, new versions or proposed adaptations of the Book or any part of it, including but not limited to updated editions, anthologies, and new distribution media. %%FIRST_NAME%% %%LAST_NAME%% agrees that their consent to such an adaptation or new version shall not be withheld unreasonably.
BYC and %%FIRST_NAME%% %%LAST_NAME%% agree to be responsible in notifying the other party if they become aware of any suspected or actual infringement of copyright or other rights in the Book. BYC shall determine what proceedings or other action to pursue against any person or company in the event of any infringement of rights.
This Agreement shall be governed by and interpreted in all respects in accordance within the Laws of Scotland. If any difference shall arise between%%FIRST_NAME%% %%LAST_NAME%% and BYC with reference to the meaning, rights or liabilities defined within this Agreement, they shall use their best endeavours to resolve the difference amicably and in good faith. Failing resolution of the difference within 30 days, they shall consider the appointment of a suitable mediator.
This Agreement shall not be assigned by the Author, in whole or in part, whether voluntarily or by operation of law (including by way of sale of assets, merger, consolidation, or otherwise), without the prior written consent of BYC. Where an assignment or transfer of this Agreement occurs by operation of law or without BYC’s prior written consent, BYC reserves the right to terminate this Agreement with immediate effect and without any resulting liability.