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  Sample Contract


 

 





AGENCY AGREEMENT 

 


This Agency Agreement (“Agreement”) is entered into by and between:

 

Easley Literary Agency, LLC.

PO Box 42119

Atlanta, GA  30311

and

(Author) 

and is based on the following terms and conditions.

 

TERMS AND CONDITIONS

 

Author irrevocably appoints Agent as Author’s sole and exclusive agent throughout the world to represent Author in any and all matters relating to the Author’s Work, including but not limited to the negotiation of Contract(s) for the disposition of Author’s Work. Author represents and warrants that Author is free to enter into this Agreement, and that Author has not entered into any other agreement or obligation which interferes with this Agreement.

“Author’s Work,” as the phrase is used in this Agreement, includes but is not limited to all ideas, story materials, characters, situations, formats, and works of authorship which Author has created or creates during the term of this Agreement, or in which Author has any title or interest, including but not limited to books, articles, play scripts, screenplays, teleplays, treatments and outlines, and any and all rights in and to such works.

“Contract(s),” as the word is used in this Agreement, includes but is not limited to any contract or agreement, whether oral or written, for the sale, license, option, or any other disposition or exploitation of Author’s Work, and/or any rights in and to Author’s Work in any and all media throughout the world.

Agent agrees to use her reasonable best efforts in representing Author under this Agreement.  Author acknowledges and agrees that Agent has the right to represent other authors during the term of this Agreement.

This Agreement shall have an initial term of 18 months from the date first entered, and shall be extended from year to year thereafter unless notice of termination in writing is given by one party to the other no less than sixty (60) days prior to the expiration of the initial term or any subsequent term.  Such notice shall be given in writing by registered mail to the last known address of the other party.  “Term,” as the word is used in this Agreement, refers to the full term of this Agreement as it may be extended as described here.

Author hereby irrevocably authorizes Agent to collect and receive on Author’s behalf all gross monies and other consideration due and payable to Author in connection with any and all Contracts.  Agent shall pay such monies and other consideration, less commissions and expenses as provided in this Agreement, within ten (10) working days after receipt by Agent.

Author hereby irrevocably assigns and agrees to pay to Agent, and authorizes Agent to deduct and retain as commissions for services rendered under this Agreement, a sum equal to 15% of all gross monies and other consideration, whenever received, due and payable to Author in connection with any and all Contracts.

Author acknowledges and agrees that Agent may appoint sub-agents or others to assist her at her own expense.  However, if Agent engages a co-agent for the disposition of any particular rights in Author’s Work, then a total of commission of 15% shall be payable on any and all Contract(s) on which Agent and the co-agent have jointly represented Author.  Such commissions shall be shared between Agent and the co-agent according to their mutual agreement.

On any and all Contract(s) for the disposition of rights in Author’s Work outside the United States and Canada, a commission of 20% shall be payable to Agent.

Author agrees that Agent is entitled to the foregoing commissions on any and all gross monies or other consideration paid or payable to Author under (a) any and all Contract(s) which are entered into during the Term of this Agreement, and    (b) any and all Contract(s) which are entered into within six (6) months after the termination of this Agreement, so long as the Author’s Work which is the subject of such Contract(s) was submitted by Agent to the contracting party during the Term of this Agreement.  Author further agrees that Agent is entitled to retain any and all commissions payable under this Agreement notwithstanding the fact that the publisher or other contracting party demands repayment of advances or royalties from Author.

Author hereby authorizes and instructs Agent to include a customary “agency clause” incorporating the terms of this Agreement in any Contract(s) which Agent may negotiate, and the parties agree to execute such additional documents as may be necessary to give full force and effect to this Agreement.

Agent and Author look forward to a long and mutually beneficial working relationship.  However, in the event of any dispute under this Agreement, Agent and Author agree to submit their disputes to confidential binding arbitration under the rules of the American Arbitration Association in the state of Georgia.

Agent and Author agree that this Agreement contains the entire agreement between them, and may not be modified or amended except by a writing signed by both parties.

 

 

  

AGREED AND CONFIRMED:

 

This  _________day of ______________________________________, 20________

  ___________________________________________________________,AUTHOR

 _____________________________________________________________, AGENT

 

 

 

 


Last changed: 05/23/2004, 01:30:02