Welcome to the Inkitt Family! By signing this document you are agreeing to the terms laid out below.
THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made this ENTER DAY day of ENTER MONTH, ENTER YEAR (the “Effective Date”), by and between Inkitt GmbH, Inselstraße 9, 10179 Berlin, Germany (the “Publisher”) and ENTER AUTHOR'S NAME ADDRESS (the “Author”, which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns).
Author desires the Publisher to publish the Author’s work currently entitled ENTER TITLE (the “Work” or “Works”), and Publisher desires to publish the Work throughout the world and in any format and in any medium now known or hereafter created, whether electronic or hard copy or otherwise, subject to the terms hereof;
In consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged, the parties agree as follows:
In order to publish your novel effectively, we need the full rights to commercialize it.
If we haven't exploited Film, Television and/or Dramatic rights, or Game rights 18 months after the Publishing Date, you get your rights returned upon request.
We want to be able to offer you a good deal for the next work in the same series. If you submit your work and are not satisfied with our offer you are free to take it elsewhere.
Come back here to find the definition of any terms you're unclear about throughout the contract. From rights to revenue, we've got clear explanations for you here.
You will keep the copyright to your work. Don't worry if you're not already registered - we'll take care of that for you.
The Author shall own the copyright in the Work and such copyright, if not heretofore registered, shall be registered by the Publisher, upon first publication, in a timely manner, in the name of the Author, (a) in the United States and (b) in such other countries as the Publisher in its discretion deems feasible or desirable. The Publisher shall print the proper copyright notice or notices necessary to protect copyright to and in the Work on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author’s heirs, successors, or assigns, essential thereto.
You'll have to pinky promise that your work is original, was written 100% by you, and the rights don't belong to anyone else.
If your copyright is threatened in any way, we will work together to protect your rights.
You will have complete creative liberty with your work. While our copyeditors or proofreaders may make suggestions, you will have final say. After all -- no one knows your story better than you do.
Sometimes even the best love stories come to an end. This shouldn't happen to us, but if there is a disagreement that can't be resolved, the contract can be terminated. If this occurs your rights will be promptly returned.
If there are any fun add-ons that go along with your book such as maps, photos etc. those materials will be included as part of work and the same terms will apply.
The Author shall deliver to the Publisher, in form and content satisfactory to the Publisher and at the Author's sole cost and expense, all photographs, drawings, captions, maps, charts, tables, appendices, notes, bibliography, and other matters required by this Agreement (“Supplemental Materials”), and all necessary third-party permissions therefor granting to Author the same and all rights to use the Supplemental Materials that the Author grants in the Work under this Agreement. Permissions must cover all territories, rights, formats, versions and editions.
Our publishing process generally takes between 8-12 weeks from signing date to publication date. In the rare case that this schedule is not followed, we promise to publish your book within 18 months of receiving your final manuscript (granted there are no hiccups outside of our control). If we don't - you can have your rights back!
You'll get 10 free print copies of your book to show off. If you want additional copies to put on your bookshelf or give to friends and family you'll get a 50% discount.
You will need to trust us to market both you and your book where and how we think is best. Remember we are playing for the same team and want to make your book as big as possible.
For 1 year after the Publishing Date you agree not to publish a work that competes directly with this one. It is easy to make your next big hit too similar to your first and have them fighting for attention - nobody wants that!
This does not apply to any book with different subject matter than the one we are publishing.
If you're unsure if this applies to something you're working on, just ask. We won't bite.
Within one (1) year after the Publishing Date hereunder, the Author shall not publish, or cause or permit to be published, any written work on the same or similar subject matter as the Work that would compete with or would be reasonably likely to affect prejudicially the sales of the Work or the exploitation of any rights or subsidiary rights in the Work granted to the Publisher under this Agreement. The Author shall cooperate with and not interfere with the Publisher’s distribution and sale of the Work herein specified provided, however, that nothing herein shall limit or restrict Author’s ability to pursue other works completely different from the Work published hereunder. The Publisher shall be entitled to all remedies available at law or in equity for a breach of this Section 9, including, without limitation, the right to seek injunctive relief, without the posting of a bond or other security.
Royalty and Licensing sales percentages are listed below for each individual edition. From paperback sales, to film adaptation - it's all here.
You will get paid 4 times a year and payments will be made based on the revenue we've received.
If we decide to terminate this contract we will give you a minimum of 10 days notice.
We promise to sell more than 1000 copies in the first year and more than 500 copies every year after. If we don't meet that guarantee, you can end the contract and rights will be returned to you.
Any important information or notices will be communicated in writing.
Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing, by email (provided receipt is confirmed by the recipient party hereto) or by regular mail, certified or registered and return receipt requested. If by regular mail, any such notices to the appropriate address set forth above, or such other address as a party may provide for notice in accordance with this Section.
This contract applies to you, your heirs and any other person you can pass or give the rights to. You are however unable to transfer the contract or make another agreement with someone else without telling us about it first.
This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Author and upon and to the successors and assigns of the Publisher. The Author may not assign this Agreement without the express written permission of Publisher. The Publisher may assign this Agreement at its discretion. Any purported assignment in breach of this Section 14 shall be null and void and of no effect.
The agreement reigns over all written and verbal agreements that happened prior to this one. It can only be changed if we both agree in writing.
Practice safe publishing - always keep backup electronic and hard copies of your work.
The contract is governed by New York law and any legal issues must be taken up in New York, NY, USA.
This Agreement shall be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be entirely performed therein, without giving effect to New York’s choice-of-law rules or to any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract. The state courts of the State of New York in and for New York County, and if the jurisdictional prerequisites exist, the United States District Court for the Southern District of New York, and no other court or tribunal, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement. With respect to any such action or proceeding, each party hereto irrevocably (a) consents and submits to the personal jurisdiction of said courts, and (b) waives any defense of lack of personal jurisdiction and/or inconvenient forum and/or improper venue. Each party hereby consents to service of process upon him/her/it either personally or by registered or certified mail, postage prepaid, return receipt requested, at the addresses given above or in Section 16.
We are only liable for damages that arise if we breach the contract.
IN NO EVENT SHALL PUBLISHER BE LIABLE TO THE AUTHOR UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITIES, LOSS OF DATA, LOSS OF USE DAMAGES, OR ANY DAMAGES ARISING IN TORT.
If this contract is terminated, your rights will revert back to you. Any warranties and representations will survive the termination.
The Author’s representations and warranties shall survive any termination of this Agreement. Any pre-termination licenses granted to third parties shall survive any termination of this Agreement and continue in accordance with their terms. The Publisher’s share to any Royalty Sales shall continue in accordance with this Agreement to any books that remain in the market after any termination of this Agreement and the Publisher’s share of any License Fees shall continue in accordance with the continuation of any pre-termination licenses granted to any third parties. Notwithstanding the foregoing, any terms of this Agreement that would operate after termination according to their terms shall survive any termination of this Agreement in accordance with their terms.
The financial details of this contract should stay between us. You may of course share them with your spouse or partner, attorney and accountant, but it is a private contract between you and us that shouldn't be shouted from the rooftops.
The Author agrees to maintain the confidentiality of the financial and economic terms of this Agreement and shall disclose those terms only to his or her spouse and/or domestic partner, attorney and accountant. Additionally, the Author agrees to maintain the confidence of the Publisher’s “Confidential Information” that he/she may be provided access to or otherwise discover, which shall be deemed to be any creative, business, financial, technology and any other non-public proprietary information of the Publisher, which shall expressly include but not be limited to the Work, any Supplemental Materials thereto and any outline of any next Serial Work. Nothing herein shall prevent Author from disclosing the Confidential Information of the Publisher or this Agreement where legally obligated to do so by subpoena, court order or government investigation. In the event Author receives a legal order or request for the Confidential Information of the Publisher, including but not limited to the Work and Supplemental Materials thereto, Author shall (i) provide the Publisher with prompt written notice of such order or request so that the Publisher may properly object to the disclosure of its Confidential Information and (ii) not disclose such Confidential Information until there is a decision regarding the Publisher’s objection. The Parties may disclose this Agreement in any action to assert their respective rights hereunder.