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Literary Agency Agreement

AGREEMENT made by and between [Name] of [Address] hereinafter referred to as "Client", his or her heirs, executors, administrators, successors and assigns; and [Name] of [Address] hereinafter referred to as the "Work"), his or her heirs, executors, administrators, successors and assigns;

Concerning book(s), manuscript(s) or software presently titled:

WITNESSETH:

In consideration of the mutual covenants herein contained, the parties agree as follows:

1. Scope.

Client appoints Agent as sole and exclusive agent throughout the world pursuant to the following agreements and

understandings:

A. Agent shall counsel and advise Client professionally and shall market all of Client's literary rights, primary and subsidiary, including but not limited to publishing, motion picture, stage, radio, and television rights, in all the literary material which Client submits to Agent during the term of the agency, and the pre-existing literary material listed above.

B. The term "Literary Material" includes any material which Client may now, or at any time during the term of this agreement, own or to which Client may have any right, title, interest, or control, including, but not limited to, literary, dramatic, and musical material, books, plays, dramas, stories, episodes, scripts, recordings, motion pictures and radio and/or television programs, formats, and outlines.

2. Best effort

Agent agrees to exercise his or her best efforts in marketing Client's literary material and promoting Client's professional standing.

3. Representation

Agent retains the right to represent anyone else in any capacity provided such representation does not lessen Agent's capacity to represent Client's Work.

4. Sub-agents.

Agent may appoint others to assist in fulfilling this agreement, including sub-agents.

5. Client's approval.

Agent agrees to submit to Client any offers received. No agreement shall bind Client without Client's consent and signature.

6. Collections.

Agent agrees to collect and receive for Client all monies due from marketing Client's literary rights, to hold that money safely while it is in Agent's possession and control, and to remit it to Client within fifteen (15) days after Agent receives it.

7. Commissions.

Agent shall be entitled to retain as Agent's full agency commission:

A. 15% of all monies collected from the sale of the Work, except

B. 5% of the net billed amount (not including shipping charges) on distribution contracts negotiated by agent.

C. If Agent appoints a sub-agent to sell foreign rights, or if another agent represents Client's literary material, the combined commission for all such co-agents shall not exceed 20%.

D. Whenever foreign taxes are deducted at the source of monies due, Agent's commission shall be based on the balance after said tax deduction.

8. Expenses.

Agent shall be entitled to deduct and retain from such monies the full amount of direct out-of-pocket expenses such as but not limited to copyright fees, manuscript preparation, telephone calls and postage. Agent shall obtain approval from Client before incurring any expenses over fifty dollars ($50.). Agent may deduct travel expenses Agent incurs on Client's behalf only if Client approves them in advance.

9. Records.

Agent shall maintain accurate books and records of Client's account, and shall submit complete and accurate statements to Client semi-annually. Client shall have the right to inspect and audit (or have Client's accountant inspect and audit) those books, during normal business hours and after giving Agent reasonable written notice. Such inspection shall be at Client's own expense, but if the audit uncovers an error in Client's favor greater than 10%, Agent will bear the expense.

10. Term.

Client and Agent recognize it may take years to sell the Work. This agreement shall have an initial term of one (1) year, beginning on the date of the signing of this Agreement. The Agreement shall renew automatically for additional terms of one (1) year unless terminated by thirty (30) days' prior written notice by either party to the other. If within sixty (60) days after the date of termination Client, or an agent representing Client, enters into a contract for the sale of literary rights with...

(Excerpt)

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