Best SF & Fantasy Podcast Agreement

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This Publication Agreement (“Agreement”) is entered between In Shambles Productions, Incorporated (“Publisher”) and (“Author”), and applies to the short fiction story (the "Work"), originally published by in , and published under the name .

1. Basic agreement. Author grants permission to Publisher to reprint their story , in the audio format in the Publisher's podcast Best SF & Fantasy ("Podcast"). 
2. Term. The Work shall be available in the Podcast for as long as the Podcast continues producing episodes. For the sake of this agreement, "continues producing episodes" shall mean that a new episode is produced within any thirty day period.
3. Cancellation. If the Podcast fails to continue to produce episodes, Author may request the removal of the Work from the Podcast at any time by notifying Publisher in writing via the address below or via email at legal@inshambles.pro.
4. Storage and access to Work. Author understands that the nature of podcasts is that the Work will be stored and available to listeners via multiple platforms and podcast distribution outlets via a free subscription or on demand basis. 
5. Additional Rights. The Publisher has the option to include the Work in an Audiobook anthology of episodes published in the Podcast. This anthology will be sold direct by the publisher, as well as globally via major audiobook bookstores, the selection of which is at the sole discretion of the Publisher. If such an anthology is produced, Author will be compensated as outlined in the Payments clause.
6. Reservation of Rights. All rights not expressly granted in this agreement are reserved by the Author. 
7. Transcription. Author grants permission for a transcription of the Work into braille, text, or other formats when legally required for accessibility.
8. Generative AI And Machine Learning. Publisher will not share, sell, or provide the Work, in either text, audio, or any other format, for the purposes of generating or training Generative AI text creation or any other purpose.
9. Naming Conventions. Unless otherwise expressed by Author, all public mentions of the Work shall use as the name of the author of the work. Public mentions include, but are not limited to, author identification, references within the podcast audio and description, marketing, and public social media posts. In instances of differences between the Author name and , Clause 10 shall be strictly enforced in reference to Author's name. 
10. Payment Terms. Upon acceptance of this agreement, the Publisher will pay $75 USD to the Author in exchange for the rights outlined herein. Payment will be made by .
    If the Publisher includes the Work in an audiobook anthology as outlined in Additional Rights, the Publisher shall make an additional payment of $50, in advance against pro rata net royalties of the anthology. Pro rata proportion of royalties shall be defined as the percentage of words in the Work divided by the total words in the anthology. Net royalties shall be applied against 50% of the proceeds collected by the Publisher.
11. Publicity. Publisher allows the Publisher to utilize the Author's name or pseudonym, subject to Section 9, their likeness, and/or publicly accessible biographical information in marketing for the Podcast in any media without time or use restrictions. 
12. Confidentiality. Publisher has a strict confidentiality policy, and will not share any personal information (“Personal Information”) of the Author with any third party or contracted entity unless such permission is explicitly given by the Author, legally required, or required for normal business operations by Author's employees or contractors. Personal Information includes but is not limited to legal name, company name, doing business as name, email, web address, physical address, or other information that may identify the Author.
13. Representations and Warranties. Author represents and warrants that: (a) Author is free to enter into the Agreement, (b) Author has made no agreements or commitments that prevent or interfere with the performance of Publisher's obligations under the Agreement, (c) the Work does not infringe upon or violate the rights of privacy or publicity or any other statutory or common law rights of any third party. 
14. No Obligation to Use Author's Work. Nothing in this Agreement will require Publisher to publish Author's Work or to produce or exploit or to make any use whatsoever of the Work.  Without limiting any rights or remedies, at law or in equity, that may otherwise be available to Publisher and without prejudice to such rights and remedies, in the event Publisher does not wish to use Author's  Work for any reason, Publisher's only continuing obligation to Author will be the payment of fees owed to Author under Section 9 which, when paid, will be deemed payment in full of all compensation payable to Author under this Agreement.
15. General. This Agreement constitutes the entire understanding between Publisher and Author with respect to the subject matter hereof, and supersedes all other agreements and understandings between the parties, and may not be modified or amended, except by a writing signed by both parties.  The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.  A waiver by either party of any term or condition of this Agreement in any instance will not be deemed a later waiver of such term or condition, or of any later breach thereof, or as a waiver of any other term or condition in this Agreement. This Agreement, and all rights and duties of the parties, will be governed by and enforced in accordance with the laws of the State of Texas, excluding any conflict of laws provisions.  All notices that either party is required or desires to serve on the other will be via emails included in this agreement or by registered mail (postage prepaid) to the other party at the address on this signature page below, or such other address as either party may designate from time to time in writing.  This Agreement is executed via secure online digital signature, which will be deemed an original, and which together with the pages of this agreement will constitute the same instrument.  

Accepted and Agreed:

James Kerr
CEO
In Shambles Productions, Incorporated
5902 Harbor Town Drive
Garland, Texas 75044

Author

,
,  

Effective Date: 04/13/2024