Terms and Conditions
Lavender Hill Publishing
Strictly Private and Confidential
[Lavender Hill Publishing] (company number [INSERT COMPANY NUMBER]) (“Company” or “Publisher”): [INSERT NAME OF BOOK] (“Book”) Project
As promised, here is a letter agreement that will regulate our initial relationship for the work involved in producing the book.
1. Initial work
1.1 We have termed this book a project to enable us to adopt a stage-by-stage approach. This clearly sets out the different steps involved in producing the book as a ‘flipbook’ product and allows the Author to be explicitly remunerated for their development and research work, regardless of whether the book is ever published.
1.2 The initial pre-publication work that this agreement covers will include the following stages:
Stage 1: Page size and setting
Stage 2: Further development and editing
Stage 3: Image gathering and assembly
Stage 4: Submission to AI Platform
(together, the “Initial Work”).
2. Consideration
2.1 For this Initial Work, we will make a charge of £1:50 (Per book) or the equivalent in US Dollars, Euros, or any other accepted currencies, regardless of the submission’s size, genre, or word count. Then, an annual repeat payment arrangement (Per book) until either party formally dissolves the agreement. Subject to the Company’s approval of the satisfactory completion of all four above stages.
2.2 Prior to final acceptance of the Initial Work by the Company, the Company shall have the right to notify the Author of changes which the Company reasonably requires to have made to the Initial Work.
2.3 At the editor’s discretion, the Company (acting on behalf of the Author might request a limited amount of assistance with your Initial Work, particularly by contributing ideas and suggestions throughout the four-stage process.
3. Editing corrections
The Author acknowledges that it is necessary for the purposes of publication for the Company to have the right to make alterations to the text of the Initial Work in order to make corrections and conform the text to the Company’s house style and also for the purpose of removing any material which might in the opinion of the Company be actionable at law or which might damage the Publisher’s reputation or business interests. The Company may also make alterations for the purpose of complying with the advice of the Publisher’s legal advisers and for other general copy‑editing reasons, and the Author consents to the exercise by the Publisher of such rights.
4. Intellectual property
4.1 All of the Initial Work the Author carries out subject to this agreement will automatically be assigned and be the wholly owned property and copyright of the Company for the length of time the Company holds the copyright licence.
4.2 The Author thereby grants the Publisher the sole and exclusive licence to exploit the publication and propriety rights in the Initial Work throughout the world for the full period of copyright.
4.3 The Author also appoints the Publisher as the sole and exclusive agent of the Author for the full period of copyright to sell, exploit, enter into contracts and collect all income arising in relation to the exercise by third parties of any subsidiary rights in the Initial Work (including, without limitation, the braille rights, digest rights, educational rights, merchandising rights, television rights, radio rights, sound recording rights and translation rights).
5. Future royalty agreement
5.1 Subject to a legally binding royalty agreement being signed by the parties (“Royalty Agreement”), to protect both your and our interests, the book will be published by the Company on a ‘flipbook’ platform of their choice.
5.2 Once both parties have a clearer idea of sales figures, the Publisher and the Author can negotiate on future royalty payments and include the relevant figures in the Royalty Agreement. The royalty figures should be fair and reasonable and reflect the Company’s obligations in publishing the book.
5.3 The aim of this document is to confirm the consideration the Publisher will be paying the Author for the Initial Work and also grant the Author exclusivity to produce the book, based on their Initial Work.
5.4 As the editor and publisher of the book or book series, the Producer will have overall creative and editorial sign-off on the content (including illustrations), tone and style of the Author’s material as it develops.
5.5 It is the Company’s intention to publish and represent the book in a ‘flipbook presentation’, but eventual publication is at the Company’s discretion and subject to finances, the production of a viable marketing plan, the Company’s approval of the pre-publication material and successful tests of the marketplace.
6. Warranties, Covenants and Indemnities
6.1 The Author represents, warrants, undertakes and agrees with the Publisher as follows:
a) the Author is the sole Author of the Initial Work and the sole unencumbered absolute legal and beneficial owner of all rights of copyright and all other rights whatever in the Initial Work;
b) the Author has not assigned or encumbered or licensed or transferred or otherwise disposed of any rights of copyright or any other rights in or to the Initial Work except pursuant to this agreement and has not entered into any agreement or arrangement which might conflict with the Publisher’s rights under this agreement to publish in the format offered, or might interfere with the performance by the Author of the Author’s obligations under this agreement;
c) the Initial Work is original to the Author and does not and shall not infringe any right of copyright, moral right, or right of privacy or right of publicity or personality or any other right whatever of any person; and
d) all statements purporting to be facts in the Initial Work are true and correct.
6.2 The Author covenants not to disclose, reveal or make public, except to the professional advisers of the Author, any information whatever concerning the Initial Work or the business of the Publisher or this agreement, all of which shall be strictly confidential, nor shall the Author make any public statement or press statement in connection with the foregoing or commit any act which might prejudice or damage the reputation of the Publisher or the successful exploitation of the Initial Work; and
6.3 The Author undertakes to indemnify the Publisher and keep the Publisher at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of the Publisher), awards, damages, however arising, directly or indirectly, as a result of any breach or non‑performance by the Author of any of the Author’s undertakings warranties or obligations under this agreement.
7. Confidentiality
7.1 The terms and existence of this agreement are confidential to the parties.
7.2 Each party agrees to maintain secret and confidential all confidential information obtained by the other both pursuant to this agreement and prior to and in contemplation of it and all other information that it may acquire from the other in the course of this agreement and to disclose the same only to its professional advisers and those of its employees, officers, agents and representatives pursuant to this agreement (if any) to whom and to the extent that such disclosure is reasonable necessary for the purposes of this agreement (and which employees, officers, agents and representatives shall be made aware of and required to acknowledge these confidentiality arrangements in writing).
8. Payments & Collections
All sums earned via the Lavender Hill Publishing platform under this agreement shall be payable quarterly, on the last day of March, June, September, and December, directly to the Author.
Repeat registration fees will be collected at twelve monthly intervals, provided the agreement endorses collection.
9. Assignment
Neither party may assign the benefit of, nor its obligations, under this agreement without the prior written consent of the other party.
10. Miscellaneous
10.1 Nothing contained in this agreement shall constitute or shall be construed as constituting a partnership or contract of employment between the parties.
10.2 Nothing contained in this agreement shall constitute an undertaking on the part of the Publisher to publish the Initial Work in the format agreed. If the Publisher elects not to publish the Initial Work, in no event shall the Author be entitled to any compensation, payment or refund or remedy in respect of loss of opportunity to enhance the Author’s reputation or loss of publicity or for any other reason whatever.
11. Jurisdiction
This agreement is governed by the law of
12. Self Determination
The Author may, at their own expense, extend the marketing and advertising of their own work, at their own expense, or spread information regarding the Lavender Hill Publications service in any legitimate manner they wish, provided the online or offline arrangement applicable to this agreement is not changed.
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