Transparency
A good publishing relationship starts with a clear agreement. This is the standard agreement behind every book we publish, with the same author-friendly commitments and protections we bring to every author we represent.
Standard Terms
This Publishing Agreement (“Agreement”) is made and entered into by and between Freiling Agency LLC (“Publisher”) and the author (“Author”) as of the Effective Date. It sets forth the terms and conditions under which the Publisher will provide hybrid publishing services for the Author’s written work (the “Work”). Both parties agree to work together in good faith to produce, publish, and distribute the Work in various formats, including print and digital, in a manner consistent with the terms below.
The Author gives the Publisher the exclusive right to publish the Work worldwide during the term of this Agreement. In return, the Publisher agrees to:
The Publisher will pay the Author 70% of net receipts from book sales. Payments are made twice a year, beginning six months after the book is published, as long as there are earnings available to distribute.
“Net receipts” means the actual money the Publisher receives from all sales, whether to readers, retailers, wholesalers, or distributors, after subtracting any returns. If the Author’s royalties for a period total less than $100, the amount carries over to the next period until it reaches at least $100. No royalties are paid on complimentary copies or on books purchased by the Author at the discounted rate described below.
The Author may purchase copies of the book at a 60% discount off the suggested retail price, with a minimum order of 100 copies. For orders of 500 copies or more, the discount increases to 70%. All purchases must be paid in advance and are non-returnable. Shipping is charged at actual cost, with no added handling fees.
The Publisher provides comprehensive editorial services, including developmental editing, copyediting, and proofreading, to ensure the Work meets professional publishing standards.
If and when the Publisher provides ghostwriting services, the Publisher works collaboratively with the Author to research, develop, and draft original content that authentically reflects the Author’s voice, ideas, expertise, and intended message, typically between 35,000 and 50,000 words. The Author agrees to participate in interviews, provide source materials, and offer timely feedback as reasonably necessary to complete the Work. All content produced through ghostwriting services remains the sole intellectual property of the Author, and the Publisher makes no claim of authorship or attribution. The Publisher agrees to keep any and all information obtained during the ghostwriting process confidential. Draft chapters are submitted to the Author for review and approval on a rolling basis, and the Publisher incorporates the Author’s revisions before advancing to subsequent stages of development. The Author retains final approval over all ghostwritten content before the Work proceeds to editorial or production phases.
The Publisher reviews and provides feedback on the Work’s overall structure, organization, content flow, chapter sequencing, and narrative arc. This may include recommendations to strengthen arguments, improve clarity, reorganize material, or develop underrepresented themes. All developmental recommendations require the Author’s review and approval before implementation, or not, if mutually agreed upon.
The Publisher edits and refines the Work to ensure it meets professional standards in grammar, punctuation, formatting, and style. These edits align with the subject matter and target audience agreed upon by both the Author and Publisher. The Publisher will not make any significant changes, such as altering or removing content, restructuring chapters, or modifying core arguments, without first obtaining the Author’s approval. Only basic corrections (spelling, grammar, punctuation, and typographical errors) may be made without prior consent. All other editorial suggestions are reviewed and agreed upon before the Work is prepared for publication.
Minor errors that appear after publication are corrected once per year at the Author’s request, at no additional cost. However, corrections that require re-typesetting of the Work carry an additional fee of $500.
The Publisher and Author work together to agree on the official release date and the suggested retail price of the book. The Author has the right to approve the final interior layout and cover design before publication. The Publisher makes the final decisions regarding print specifications, such as paper type, printing method, and binding style, to ensure a high-quality finished product.
The Author retains full worldwide copyright ownership of the Work. Any rights not explicitly granted to the Publisher in this Agreement, such as video, audio, film, or other adaptations, remain entirely with the Author. The Author may choose to apply for copyright registration with the U.S. Copyright Office. If someone infringes on the copyright in a way that affects the Publisher’s financial interest under this Agreement, the Publisher may take legal action. The Author may also take legal action independently, with or without the Publisher’s prior written consent. If both parties agree to pursue action together, they share all legal costs and any resulting settlement or recovery equally.
This Agreement remains in effect for the full term of the Work’s copyright, including any renewals, unless either party chooses to end it. After three (3) years from the date of signing, either the Author or the Publisher may terminate the Agreement with 90 days’ written notice. If the Agreement is terminated, the Publisher will still pay any royalties owed to the Author for books sold under its terms. However, the Author understands that the Publisher cannot control the continued sale of already printed or distributed copies by retailers, wholesalers, or other third parties. Upon termination, the Publisher agrees to provide the Author, at no additional cost, with all final book files and materials.
The Author represents and warrants that they are the sole creator and copyright holder of the Work, have full legal authority to enter into this Agreement and grant the rights specified, and that doing so does not conflict with any existing agreements or obligations. The Author further confirms that the Work is free of any claims, liens, or third-party ownership interests, and that it contains nothing defamatory, obscene, libelous, or otherwise in violation of federal or state laws.
The Author shall indemnify, defend, and hold harmless the Publisher, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) any breach of the Author’s representations and warranties under this Agreement; (b) any claim that the Work as finally approved by the Author for publication infringes or violates any third-party intellectual property rights; (c) any defamatory, libelous, or unlawful content contained in the Work as finally approved by the Author for publication; or (d) the Author’s failure to obtain necessary permissions, releases, or licenses for materials included in the Work.
The Publisher shall indemnify, defend, and hold harmless the Author from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) the Publisher’s breach of this Agreement; (b) the Publisher’s negligence or willful misconduct in the production, marketing, distribution, or sale of the Work; (c) any editorial changes, modifications, or additions made by the Publisher to the Work without the Author’s prior written consent; (d) any false, misleading, or defamatory statements in the Publisher’s marketing materials, metadata, or promotional copy; or (e) any errors or failures in the Publisher’s distribution or fulfillment operations.
The party seeking indemnification (the “Indemnified Party”) shall provide prompt written notice to the other party (the “Indemnifying Party”) of any claim for which indemnification is sought. The Indemnifying Party has the right to control the defense of such claim and shall bear all reasonable defense costs. Neither party may settle any claim in a manner that admits fault on behalf of the other party or creates obligations for the other party without that party’s prior written consent.
Notwithstanding the foregoing, each party’s total aggregate liability for indemnification under this Agreement shall not exceed One Million Dollars ($1,000,000), inclusive of all defense costs and attorneys’ fees.
Neither party shall be held liable for delays or failures in performance caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, labor strikes, government actions, pandemics, supply chain disruptions, or other unforeseen circumstances that make fulfillment of this Agreement impractical or impossible.
In the event the Publisher discontinues business operations or ceases to actively publish books during the editorial and production phases of the Work, all rights granted to the Publisher under this Agreement shall automatically and immediately revert to the Author, free and clear of any claims or encumbrances; the Publisher shall promptly deliver to the Author all existing book files, manuscripts, cover designs, layout files, and any other materials related to the Work in the Publisher’s possession or control; and the Publisher shall refund to the Author fifty percent (50%) of all fees paid by the Author under this Agreement. For purposes of this clause, “discontinuation of operations” means the Publisher has ceased publishing new titles, filed for bankruptcy protection, assigned assets for the benefit of creditors, or otherwise stopped conducting business operations for a continuous period of thirty (30) days or more.
The total fee for the hybrid publishing services described in this Agreement is specified in the Author’s individual publishing proposal. Payment is made in two installments: 50% upfront and 50% upon the Author’s approval of the final files, which may or may not occur at the same time as publication.
Fees are non-refundable, except in the event the Publisher fails to fulfill the terms and conditions of this Agreement, or in the event of the Discontinuation clause described above.
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