Publishing Services Agreement
1. Definitions
For purposes of this Agreement, the capitalized terms below carry the meanings assigned to them in this Section, whether used in the singular or plural.
- "Agreement" means this Publishing Services Agreement, the Publishing Questionnaire submitted by the Author, and any written addenda the Parties later sign.
- "Author Materials" means the manuscript, photographs, illustrations, audio, video, identifying information, and any other content the Author transmits to Publisher for use in the Work.
- "Work" means the bound print edition of the Author's book, together with any electronic edition Publisher prepares under this Agreement.
- "Production Calendar" means the milestone schedule Publisher delivers to the Author after intake, governing editing, design, proofing, and release windows.
- "Approved Proof" means a final interior file and final cover file the Author has accepted in writing or by electronic confirmation as ready for print.
2. Services Provided by Publisher
Subject to the Author's timely cooperation and payment, Publisher will perform the following full-service work. The Author is not required to perform any production task. The Author's only obligations are to deliver source material, respond to revision requests, and approve proofs.
2.1 Editorial
- Developmental review of structure, pacing, and arc.
- Line editing and copyediting for grammar, syntax, punctuation, and clarity.
- Proofreading against an industry-standard style sheet (Chicago Manual of Style, 18th edition, unless the Author elects otherwise).
- Fact verification of dates, names, and references the Author flags for confirmation.
- Spelling, hyphenation, and consistency passes.
2.2 Interior Design and Layout
- Trim-size selection, page architecture, and master grid setup.
- Typographic system — body face, display face, drop caps, running heads, folios.
- Chapter openers, scene breaks, dedication, acknowledgments, table of contents, copyright page, and ISBN page.
- Front-matter and back-matter assembly (foreword, preface, prologue, epilogue, appendices, index where applicable, about-the-author page).
- Image placement, color management, and bleed preparation for any full-bleed pages.
- Spine-width calculation matched to final page count and paper specification.
- Print-ready PDF export with fonts embedded, transparencies flattened, and printer color profile applied.
2.3 Cover Design
- Concept development from Author-supplied references, including up to three (3) distinct cover directions.
- Front cover, back cover, spine, and where applicable, front flap and back flap.
- Custom typography, photography sourcing or commissioning, and original illustration where required.
- Barcode block layout and ISBN placement.
- Coordinated dust jacket where the Author selects hardcover binding.
2.4 Production and Distribution Setup
- ISBN assignment for print and, where elected, e-book editions.
- Copyright registration filed with the United States Copyright Office on the Author's behalf.
- Library of Congress Control Number request where eligible.
- Bibliographic metadata (BISAC categories, keywords, description, author bio) registered with the global book supply chain.
- Print-on-demand setup with Publisher's manufacturing partners.
- Retail listing on commonly accepted online channels, subject to those channels' content policies.
2.5 Author Care
- Author portal access with status timeline, file library, and direct messaging.
- Up to three (3) scheduled production calls.
- Two (2) printed proof copies shipped to the Author at no additional charge.
- Ten (10) finished printed copies upon launch, shipped to a single United States address.
3. Fees, Payment, and Refunds
- Service Fee. The Author shall pay Publisher a flat service fee of Five Thousand Three Hundred United States Dollars (US$5,300.00) for the services described in Section 2 (the "Service Fee").
- Invoicing. Publisher will issue an invoice after intake review and acceptance of the project. Payment is due within seven (7) calendar days of invoice issuance unless the Parties agree in writing to an installment schedule.
- Out-of-Scope Work. Items not listed in Section 2 (including but not limited to ghostwriting, transcription of audio interviews, fee-bearing third-party photo licensing above two hundred United States Dollars in aggregate, marketing campaigns, audiobook production, or translation) require a separate written quote and are not included in the Service Fee.
- Refund Schedule. Because Publisher commits production time at intake, refunds are calculated by the milestone reached at the date of written cancellation:
- Cancellation before manuscript review begins: ninety percent (90%) refund of the Service Fee.
- Cancellation after manuscript review and before editing begins: seventy-five percent (75%) refund.
- Cancellation after editing begins and before design begins: forty percent (40%) refund.
- Cancellation after design begins or after Approved Proof: no refund.
- Chargebacks. The Author agrees to contact Publisher to resolve any billing dispute prior to initiating a chargeback. Chargebacks initiated without first contacting Publisher are subject to a one hundred United States Dollar ($100.00) administrative fee.
4. Author Responsibilities and Deliverables
- The Author shall deliver source material (manuscript, images, audio, video, biographical text) through the secure upload tools provided by Publisher.
- The Author shall respond to revision requests, content questions, and proof approvals within seven (7) calendar days. Delays caused by the Author may extend the Production Calendar on a day-for-day basis.
- The Author warrants that all Author Materials are original to the Author, or that the Author holds the rights and permissions necessary to publish them.
- The Author shall not require Publisher to publish content that is unlawful, defamatory, or that violates a third party's rights.
5. Intellectual Property and Licenses
- Author Retention. The Author retains all copyright in the underlying Author Materials and in the published Work.
- License to Publisher. The Author grants Publisher a limited, worldwide, royalty-free, non-exclusive license to format, design, produce, register, market, distribute, and sell the Work for the term of this Agreement and for ninety (90) days following termination, solely to fulfill Publisher's obligations and wind-down activities.
- Publisher Materials. Templates, internal software, project management tools, design libraries, and process documentation developed by Publisher are and remain the property of Publisher.
- Royalties. The Author keeps one hundred percent (100%) of net royalties paid by retail and distribution channels, less only those channels' commissions and any printing cost passed through by the manufacturer.
- Reversion. Upon termination or completion, all rights in the Work revert to the Author. Publisher will deliver final production files (interior PDF, cover PDF, e-book files where applicable) to the Author within thirty (30) days of written request.
6. Revisions and Approval Rounds
The Service Fee includes the following revision rounds:
- Two (2) rounds of developmental notes addressed.
- Two (2) rounds of line and copyedit pass-throughs.
- Three (3) rounds of cover concept refinement after initial directions.
- Two (2) rounds of interior layout revision.
- One (1) final pre-press proof review.
Revision rounds beyond these counts are billed at one hundred twenty-five United States Dollars ($125.00) per hour with a written estimate provided in advance.
7. Production Timeline
- Standard production runs ninety (90) to one hundred fifty (150) calendar days from receipt of complete Author Materials and cleared payment.
- Photo-heavy, illustrated, or workbook-style projects may run longer; Publisher will state the expected window in the Production Calendar.
- Expedited timelines may be available for an additional fee, quoted on request.
8. Confidentiality and Author Data
- Publisher will treat Author Materials and the Author's personal information as confidential and will not disclose them except as needed to perform the Services or as required by law.
- Publisher's data handling practices are governed by its Privacy Policy at /privacy.html, which is incorporated by reference.
- Personal information collected through the Publishing Questionnaire is processed in accordance with applicable United States privacy and consumer protection laws, including the California Consumer Privacy Act for Author residents of California.
9. Representations and Warranties
- Publisher represents that it has the experience and resources to perform the Services in a professional and workmanlike manner.
- The Author represents that the Author Materials are accurate, do not infringe a third party's intellectual property, do not defame any identifiable person, and do not disclose anyone's private information without consent.
- EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND PUBLISHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Indemnification
The Author shall indemnify, defend, and hold harmless Publisher and its officers, members, employees, and contractors from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) the content of the Author Materials, (b) the Author's breach of Section 9, or (c) the Author's violation of law in connection with the Work.
11. Limitation of Liability
EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 AND THE AUTHOR'S PAYMENT OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR LOST ROYALTIES, EVEN IF ADVISED OF THE POSSIBILITY. PUBLISHER'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE SERVICE FEE ACTUALLY PAID BY THE AUTHOR.
12. Termination
- Either Party may terminate this Agreement for material breach if the breach is not cured within fifteen (15) calendar days after written notice.
- Publisher may terminate immediately if the Author Materials are unlawful, infringe a third party's rights, or if the Author abandons the project (no contact for forty-five (45) consecutive days after Publisher's good-faith outreach).
- Upon termination, refunds (if any) are calculated under Section 3.
13. Dispute Resolution and Governing Law
- This Agreement is governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles.
- Any dispute the Parties cannot resolve informally within thirty (30) days shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Albuquerque, New Mexico.
- Either Party may seek temporary injunctive relief in any court of competent jurisdiction without first arbitrating.
- Each Party waives any right to a jury trial and to participate in a class action arising under this Agreement.
14. Force Majeure
Neither Party is liable for any delay or non-performance caused by events outside its reasonable control, including acts of nature, government action, civil disturbance, pandemic, supplier failure, or interruption of utilities or carrier services. The affected Party shall notify the other Party promptly and resume performance when practicable.
15. Electronic Signature and Record Retention
- The Author consents to receive this Agreement and all related notices in electronic form.
- The Author's electronic acceptance via the Publishing Questionnaire checkbox, combined with the timestamp, IP address, and user agent recorded by Publisher, constitutes a binding signature under the E-SIGN Act and the Uniform Electronic Transactions Act.
- Publisher will retain a copy of the signed Agreement and the questionnaire payload for not less than seven (7) years and will deliver a PDF copy to the Author through the Author portal at /author.
16. Notices
Notices to Publisher shall be sent to derrick@estatevisionmgmt.com. Notices to the Author shall be sent to the email address on file in the Author portal. Notices are effective on the date sent if before 5:00 PM Mountain Time on a business day, and on the next business day otherwise.
17. General Provisions
- Entire Agreement. This Agreement, together with the Publishing Questionnaire and any signed addenda, is the entire understanding of the Parties and supersedes all prior discussions.
- Amendment. Amendments must be in writing and signed by both Parties.
- Severability. If a court finds any provision unenforceable, the remainder of the Agreement remains in effect.
- Assignment. The Author may not assign this Agreement without Publisher's written consent. Publisher may assign to an affiliate or to a successor in connection with a merger or sale of assets.
- No Waiver. A Party's failure to enforce any provision is not a waiver of the right to enforce it later.
- Independent Contractors. The Parties are independent contractors and not partners, employees, or agents of one another.
- Headings. Section headings are for convenience only and do not affect interpretation.
