Fortune Publishing Group Book Publishing Agreement
This agreement of Fortune Publishing Group Terms and Conditions (the “Agreement”) set forth the terms of the relationship between Fortune Publishing Group (hereafter “publisher” and Perspective Author (hereafter “Author”). By participating in this agreement, Author signifies that he or she agrees to the terms of this Agreement.
The parties agree as follows:
- Author desires to publish a book (hereinafter the “Book”) with the assistance of Fortune Publishing Group.
- Fortune Publishing Group will supply complete book production services for the book which includes: four color cover design, editing of manuscript, typesetting, registration of copyright on behalf of author, secure the ISBN and EAN barcode for the book, along with printing the book in black ink. The Author will be provided with the specified amount of their finished book that correlates with the package that they have chosen. Marketing, hard cover and color printing will incur additional costs.
- Author agrees to pay Fortune Publishing Group upfront for the self-publishing services of their book that they select in U.S. Dollars.
- Amounts specified do not include applicable taxes.
- Author acknowledges that the book is published as a sales and marketing tool and therefore no royalties are paid to author by Fortune Publishing Group or any other party. Author agrees to pay $2.00 to Fortune Publishing Group in addition to any hard costs (for example printing, shipping etc.), but no less than $5.00 on each additional reorder of the book. A minimum of 100 books is required to process a reorder. This fee continues on in perpetuity and is not limited to the terms of this Agreement.
- In consideration of the products and services provided as part of the Fortune Publishing Group self-publishing services, author agrees to pay Fortune Publishing Group the applicable amount as described on the Fortune publishing proposal form and or Author understands and agrees that any late payments of fees will result in work stoppage on the book.
- Author agrees that reprints are available exclusively through Fortune Publishing Group, at its published price list for re-order
- Author agrees that in the instance that a Major Publisher wishes to procure the rights to publish and distribute copies in the future that Fortune Publishing Group negotiate said terms with any publishers along with Author.
- Author agrees to supply Fortune Publishing Group with a digital color photograph 600 dpi or greater of author, at his or her expense, for the cover or inside of the book.
- Package fees do not cover the cost of shipping books from the printer to Author’s place of delivery. All fees will be invoiced to author and must be settled before the books are shipped. Books are not shipped until the entire Fortune Publishing Group fees are paid in full. Every attempt is made to print books in the same city as the author to minimize shipping costs but no guarantee can be made that they will be printed in the same city as the author.
- Fortune Publishing Group will pay for and complete these registrations for the book: copyrights, ISBN, EAN bar code, domain and URL record integration (if included in the package selected).
- Author agrees to allow Fortune Publishing Group to use author’s book cover, name and photograph on its website and in marketing materials, at Fortune Publishing Group’s sole discretion, including writing testimonials for other Fortune Publishing Group authors. Author also agrees to allow Fortune Publishing Group to market and/or distribute his/her book on their website, bundled with other Fortune Publishing Group Authors books, bookstores and/or any other outlet digital, print or otherwise. Author grants Fortune Publishing Group the right to wholesale his/her book at a cost that Fortune Publishing Group establishes solely on its own (usually 10%-50% of retail price set by Author). Fortune Publishing Group agrees to pay Author a royalty on a quarterly basis for any revenue created from this source (providing revenue due Author exceeds $20.00 U.S. Dollars). Fortune Publishing Group agrees to pay Author on a 60/40 basis with the Author receiving 60% of the profit (profit is the amount left over after book production costs and Fortune Publishing Group’s $2 per book fee) derived from said
- Author grants Fortune Publishing Group the right to establish an account on his/her behalf to distribute his/her books on Amazon, Goodreads as well as any and all other platforms. As well as distribution rights worldwide via Ingram or other distribution channels established by Fortune Publishing Group.
- Author agrees that Fortune Publishing Group can print the Fortune Publishing Group logo on the front and/or back of the book at Fortune Publishing Group’s sole discretion. Author also agrees to allow Fortune Publishing Group to publish a standard publisher’s catalog of books.
- Author warrants that the material he or she provides as content for the book will not violate any copyright regulations, other laws or any agreements.
- Package fees related to the book may increase in cases where additional printing, editing, design, and or hardcover elements are required by author. Fortune Publishing Group will secure written approval from author before incurring such additional costs.
- Various phases of pre-press and press work require a written and date of the approval from author. Changes to author’s book made after material submission to the printer will be billed at $125.00 an hour. After Author’s approval, Fortune Publishing Group cannot be held responsible for any errors or omissions in the book.
- Any illustrations and or pictures required for the cover will be provided by Fortune Publishing Group from the stock photography service Fortune Publishing Group subscribes to. If Author requires illustration/pictures that are not available through this service author agrees to supply or purchase print quality illustration pictures at authors expense.
- Income disclaimer. Author understands that Fortune Publishing Group is in the business of assisting authors in their own effort to self-publish their book. No promises have been made in terms of any revenue that might come from Fortune Publishing Group’s efforts. Results are derived from individual efforts and Fortune Publishing Group has made no promises to how much financial rewards Author personally will earn. Any examples given are for illustrative purposes only; not a guarantee. Fortune Publishing Group does not provide financial, legal, investment or psychological advice.
- Author will indemnify and defend Fortune Publishing Group as well as its directors, instructors, employees, vendors, independent contractors and affiliate entities from and against any and all claims, expenses, cost, causes of action and damages including reasonable attorney’s fees resulting from or arising out of office actions or failure to take action in violation of this agreement or applicable law.
- Author may not assign this Agreement or any obligations under this Agreement, by operation of law or otherwise, without Fortune Publishing Group’s prior written consent.
- Author agrees that typographical errors sometimes occur even after editing services, while Publisher will make every possible effort to correct them, Author agrees it is ultimately his/her responsibility to make publisher aware of any such errors during the timeframe Author has with the manuscript before it goes to print which is (14) calendar days. If Author does not submit any changes to Fortune Publishing Group within (14) calendar days of receiving copy editing, Author agrees to allow Fortune Publishing Group to use the manuscript provided by the copy editor in its submission to the printer to maintain timely book production.
- Author agrees once manuscript is submitted to print, corrections and/or changes are no longer the responsibility of the Publisher and will constitute additional fees from the Author to make changes to book at the hourly rate of $125.00 per hour.
- Author agrees to pay all fees according to the schedule provided on the invoice furnished to him/or her. There will be no refunds issued once book project has begun even if Author decides not to publish their book at all. Any and all fees paid will be considered payment for services rendered.
- Author agrees that this Agreement supersedes any and all other Agreements between the parties and is the entire Agreement between Author and Publisher. No other additional promises, representations, guarantees or agreements of any kind shall be valid unless in writing and signed by both Author and Publisher.
- Author owns full copyrights to their book. All rights reserved by Author.
- Ownership rights and proprietary information. Other than is noted elsewhere in this agreement with respect to the book, Fortune Publishing Group and its affiliate entities own all rights, title and interest including all intellectual property rights throughout the world relating to any and all works of authorship, designs, know how, ideas, course materials, and information made by Fortune Publishing Group or its affiliated entities or conceived or reduced to practice, in whole or in part, by Fortune Publishing Group or its affiliated entities. Also Author agrees that all material provided by Fortune Publishing Group as part of its publishing program which are designed by Fortune Publishing Group as confidential or proprietary in nature will constitute Fortune Publishing Groups proprietary information. Author will hold in confidence and not disclose or copy any proprietary information, except with the prior written consent of Fortune Publishing Group.
- Limitation of liability. Neither Fortune Publishing Group or its affiliate entities will be liable for any indirect, incidental, special or consequential damages of any nature including but not limited to losses of revenue, profits, use of data arise in connection with this agreement or authors participation in this program even if Fortune Publishing Group or its affiliate entities new or should have known of the possibility of such damages. Further, Fortune Publishing Group’s aggregate liability arising with respect to this agreement and the program will not exceed the total amount paid or payable by the author under this program.
- This agreement will be governed by and construed in accordance with the laws of the state of Maryland without reference to rules governing choice of laws. Author irrevocably and unconditionally waves to the fullest extent permitted by law any right he or she may have to participate as a representative or member of any class action against Fortune Publishing Group or any of its Affiliated entities now or hereafter pending relating to the program or any transactions similar to the transaction evidenced by this agreement.
- Any dispute or claim arising out of, or related to this agreement its performance, breach, or interpretation including issues about its validity or enforceability, will be exclusively (except as provided below) resolved by binding arbitration. The arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorney’s fees or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages and the parties hereby agree to waive and not seek such damages. Either party May seek judicial relief to compel the other party to comply with the provisions of the section or seek injunctive or other Equitable relief to protect its intellectual property right, as long as the remainder of the dispute or a claim is submitted to arbitration.
- Both parties hereby give their irrevocable consent to the processes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the federal arbitration act or other applicable law). All awards may be filed with one or more Courts, state, federal or foreign jurisdiction over the party against whom such a word as rendered or its property has a base of judgment and the issuance of execution for the collection.
- Relationship of parties. Author agrees that by participating in the program he or she is acting as an independent contractor, and is responsible for determining his or her own business activities. Nothing in this agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
- Severability / waiver. If any provisions of this agreement is determined to be illegal or unenforceable that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect. Fortune Publishing Group’s failure to enforce authors strict performance of any provision of this agreement will not constitute a waiver of Fortune Publishing Group’s right to subsequently enforce such provision or any other provision of this agreement.
- Author agrees that any and all instructions to Fortune Publishing Group will be submitted in writing via email or Postal mail. All instructions must be dated. Author understands that Fortune Publishing Group cannot rely on verbal instructions and cannot be held responsible for errors resulting from the lack of written communication or instructions from Author.
- Claims or defects. Claims for defects, damages, or shortages must be made in writing to Fortune Publishing Group within one week (7) days after the books have been delivered to Author.
- Responsibilities and refunds. By placing my initials below I agree to the terms and conditions of this agreement. I further understand and agree that they that Fortune publishing group is a joint effort. Thus I will complete assignments in a timely manner and I realize that Fortune Publishing Group will NOT do everything for me. I must, and will, do my part. My initials and/or signature below also show that I understand there are NO refunds, and cancellation is NOT an option.
- Once my books are published and printed, Author agree to release Fortune Publishing Group and all of its partners, employees, shareholders, and suppliers from liability, and waive the right to hold legal action against Fortune Publishing Group and all of its Partners, employees, shareholders and suppliers after my books have been published and printed.
- Cooling off period. This agreement should be voided if you advise us in writing within (3) business days of signing the enrollment form that you no longer wish to receive Provider’s Services and/or products by delivering or sending including by electronic mail a cancellation notice to Fortune Publishing Group. The provider will refund to you all monies (minus $495.00 processing fee) of what you have paid to them under this agreement within 30 business days of receipt of such cancellation notice.
- Headings: Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.
- Complete Agreement: This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.
The terms and conditions of this agreement shall be binding and inure to the benefit of the executors, administrators and successors of each of us. Our respective signatures herein below shall constitute this to be a complete and binding agreement between us. This agreement may not be assigned by any party without prior written consent of the others, except that any party may assign his share of the gross proceeds hereunder to a third person, subject to the terms and conditions of this agreement.
Author and Publisher agree to the above terms, and payment for services serve as acknowledgemnt here to that effect.