Author Contract

This agreement (the “Agreement”) is entered into effective on date of submission by and between Cold Tree Press, LLC, 201 Summit View Drive, Suite 250, Brentwood, Tennessee 37027 (“Publisher”) and _________________________ (“Author”).  In consideration of the mutual benefits to the parties and the covenants contained herein, the parties agree as follows:

1. Author shall complete a Manuscript Submission Form, substantially in the form (whether digital or physical) attached hereto as Exhibit “A”, and upon submission of said form, it shall become incorporated into this Agreement as if fully set out herein.  Author agrees to pay upon submission all of the fees as selected and described in the Manuscript Submission Form (the “Fees”).

2. Publisher’s obligations are limited to those set out on the Manuscript Submission Form for Author’s intended publication (the “Work”). Publisher shall in no event publish the following topics:  pornography, materials that promote hate or intolerance, materials that could be deemed slanderous, libelous or injurious to a third party. The final decision on acceptance and publishing of the Work shall be at the sole discretion of the Publisher.

3. Publisher will not be held responsible or liable for errors made by any third party whether intentional or unintentional. However, Publisher will use all reasonable efforts to select reputable third party contractors and Publisher will take all reasonable steps to correct any mistakes or errors made by such third party contractors within a reasonable time.

4. This Agreement is nonexclusive. The term of this Agreement shall be for an initial one (1) year period, and shall be automatically extended for successive one (1) year periods, unless terminated as provided herein (the “Term”). The Parties acknowledge that Author is free to enter into other publishing agreements.  Upon termination of this Agreement in accordance with Section 8 below, no Fees shall be refunded, but any unpaid Royalties (as defined below) due Author hereunder shall be paid to Author. Author retains the copyright to the Work, and no part of this Agreement shall be deemed to transfer or diminish Author’s copyright(s) in or to the Work.  Publisher shall be entitled to an annual maintenance fee, which shall be in the amount of Twelve Dollars ($12.00), or Publisher may determine such greater amount as reasonable and necessary, which shall be due for the following year upon thirty (30) days’ written notice to Writer.

5. Author shall receive royalties (“Royalties”) as follows during the Term, and for so long as Publisher receives payments for Author’s book:

(a) For sales directly to the reader through the Publisher’s web site, Thirty Percent (30%) of retail list price; and

(b) For sales through bookseller to a wholesaler or to a bookseller or other outlet (i.e., other than directly to the reader) (online and brick and mortar), Fifteen Percent (15%) of retail list price.

Author may purchase books directly at Forty Percent (40%) off list price, and no royalties shall be due for such purchases by Author.

6. Author represents and warrants that (a) Author is the sole author of the Work and is the exclusive owner of the copyright to the Work all of its contents; (b) Author has not plagiarized any portion of the Work; (c) the Work is accurate in all respects, i.e., that if fiction, it represents no real event or person in a way that could be deemed libelous, and if nonfiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light; (d) the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; (e) Author is the exclusive owner of any and all trademarks and/or trade names associated with the Work; (f) the Work does not constitute obscenity or hate literature; and (g) Author has the right and authority to enter into this Agreement. Author further agrees to indemnify and hold Publisher, its employees, agents, officers, directors and assigns from any and all manner of claims, liabilities, damages, expenses, awards and judgments, including reasonable attorneys’ fees, resulting from a breach of any of the foregoing warranties and representations or for any other loss incurred by the Publisher based on claims related to the content of the Work.

7. The parties acknowledge and agree that Publisher acquires no right of ownership to the Work under this Agreement, and that Publisher is a provider of limited services only, i.e., printing, book sales and Internet access. Publisher assumes no responsibility for reviewing or correcting the content of the Work.

8. Either party may terminate the Agreement for any reason upon providing thirty (30) days’ written notice. If the Agreement is cancelled by a Author, however, Publisher may continue to sell the published Work for ninety (90) days after the end of the month the request for cancellation was received. It is understood that copies of the published Work will likely be sold to wholesalers and distributors and that such sales of the Work are not affected by this clause.

9. All payments made pursuant to this Agreement will be made in U.S. currency.  Fees are to be paid at time of submission of Work. Royalties will be paid on a quarterly basis, with all such payments made on or before the fifteenth (15th) day of the calendar quarter for all payments received by the Publisher during the prior calendar quarter. The Publisher receives its initial payment at the end of the second quarter following publication, and the first Royalty payment (and subsequent Royalty payments) will follow in accordance with the preceding sentence.

10. All notices to either party must be sent in writing to the other at the address first set out above. A copy of all notices to Publisher shall be simultaneously sent to J. Greg Giffen, J.D., C.P.A., Harwell Howard Hyne Gabbert & Manner, P.C., 315 Deaderick Street, Suite 1800, Nashville, Tennessee 37238.

11. This Agreement contains the sole and entire Agreement between the parties and supersedes any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced. This Agreement may not be assigned by the Author without the express written consent of the Publisher, which consent shall not be unreasonably withheld.

12. The laws of the State of Tennessee shall govern this Agreement. The parties agree that they shall submit any and all disputes arising in any way under this Agreement to a court of competent jurisdiction sitting in Davidson County, Tennessee. The parties hereby waive any objection to jurisdiction or venue of such court(s), and hereby each submit to the personal jurisdiction of such court(s). In any such action(s), service of process may be used by certified mail, return receipt requested, or any other means authorized by Tennessee law.

IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS EVIDENCED BY THEIR SIGNATURES OR ELECTRONIC SUBMISSION, EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE.