Tabetha complained, saying that she now had to reformat the entire thing because I jacked it up by sending it in the wrong format. I had no idea what she was talking about. Jacqueline and I had it all under control.
Jacqueline informed me that she would be doing my release party. I asked what happened to Tabetha. Tabetha contacted me and said it is not her responsibility to do everything. And that she is busy with lawyers incorporating PF. So the release ended up being postponed and I told her I would just take time and make some changes.
Then Jacqueline, Cindy and Sabrina left PF. There was a lot of talk and gossip going on. To the point I didn’t want to see it or deal with it every time I got on Fb, so I deleted anyone that was book, author or publishing related off of my personal FB page. But kept them on my author’s FB. Tabetha sent me a message wanting to know why I was now friends with JT Larson. Because she sent me a friend request, that’s why.
Tabetha said a fan of mine told her that JT was on both of my fb pages. Well this fan was misinformed because JT was never on my personal fb.
I told her I didnt know I had any fans since I havent been making any money from my books. In 13 months I made $14 and had done 2 radio blog shows. And those were done recently and only because I complained.PF is all about the supernatural and half naked bodies. It doesn’t feel like a family with everyone backstabbing and gossiping and there is no promoting going on. Tab said I was too negative to get anywhere. The fact is, though, t hat my poetry book sold better than hers did.She then told me I was in breech of contract because I befriended JT. Tabetha demanded to know if I was with her or against her.
She basically said it didn’t matter, she was letting me go.
She said with the way Jacqueline and I were gettng along, she figured I was leaving too. Basically because of the friends on my facebook and that I didnt unfriend them as soon as she did, she thought I was a spy.
This publishing agreement is entered into and effective on the date signed by both parties, initialized between Faith Bloom_ herein known as Author and Phoenix Fire Publishing herein known as publisher, concerning work presently known as Relentless and Dysfunctional,pending titles_ herein called the work.
The contract is considered legal and binding in all countries. If there should be any legal dispute the laws of the state of Texas shall apply.
The Author hereby represents and warrants to the Publisher the following:
She/He (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.
The work is original and no part of the work was taken or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.
The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or stator law.
The work is not the public domain and has not been published in any format with any company that may still own the rights to the work.
The Author holds the power of Authority to grant these rights.
If the work has been previously published in whole or part, the Author currently holds all copyrights to the work and is legally permitted to enter this agreement.
The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the work or the Author.
Author agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright of proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work.
Author warrants that they will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to the Publisher during the term of this contract.
Should this title be part of a series, Author guarantees Publisher first option on the rest of the series or on any title in which the characters appear.
If Publisher requests rewrites of the Author, Author guarantees prompt responses to all correspondence either electronic or paper. If a rewrite deadline is give and Author does not acknowledge the deadline within 3 days or keep the deadline this contract may be terminated.
Grantor of Rights:
The Author on behalf of himself/herself and his or her heirs executors, administrators, successors, and assignees, agrees to grant the Publisher exclusive rights to produce and sell the work in print and electronic format(including email, download, disk, CD, or any other digital format known or to be invented).
The Author may request their book to be put into POD (Print on Demand) at the author’s expense. Author agrees to pay printing cost to the publisher prior to the publisher submitting and ordering the work to be printed.
The Createspace fee is $37.50 which includes; ISBN, Expanded Distribution, and one proof copy (per title). This payment can be split into two payments, as long it is taken care of 3 weeks prior to release date. We will work with you anyway we can.
The Cover Art Fee of $15.00-$40.00(depending on artist) which will be paid immediately upon cover completion. Phoenix Fire Publishing will then transfer money directly to the cover artist. While some artists wish to be paid directly.
The Publisher will provide Phoenix Fire approved editors and pay for all editing services. If the Author does not want the Phoenix Fire editors to provide the editing services then the Author will be fully responsible to pay for and provide their own editing for their manuscript.
The Author agrees to cooperate with the editor, design team, and to meet all deadlines set by the editor, design team and the Publisher.
Terms of Contract:
All rights will be exclusive for 1-2 years from the publication date of the manuscript. At the end of the contract term it may be renewed for an additional 1-2 years if both parties are in agreement. If the Author wishes the contract to continue Author needs to contract Publisher in writing at least 30 days prior to the expiration of the contract. No additional fees will be assessed unless Author would like an updated cover.
The Publisher holds the rights to set the price of the work put said work on sale, lower the price of the work if it is not selling copies. If the title has not sold any copies in 1 month the Publisher will automatically lower the price of the book. If at the end of 3 months no copies have sold the Publisher has the right to remove the work and void this contract at which time all rights would revert to the Author.
Upon breach of contract, the contract may be terminated by either party with a 30 day written notice. Notification of breach and intention to terminate the contract is to be delivered by certified mail, email, or other receipted delivery service. If breaching party corrects breach within 30 days the contract shall continue to remain in place until its natural expiration. Upon expiration of the contract term all rights granted to the Publisher will revert back to the Author when the release form and slander disclaimer is signed and returned.
Author may petition the Publisher to terminate the contract at any time during the term of the contract but it will cost the Author $350.00 for editing and formatting, which is not limited to PR, book trailers, swag gifts, and any additional work the Publisher may have done. This will be the total fee to terminate the contract before the two years has ended.
Royalties and Statements:
Publisher and Author will mutually set the retail price of the work based on length and comparable works. Publisher agrees to pay the Author a royalty of 50% of the retail E Book price. Publisher agrees to pay 60% royalty of the retail print price.
Royalties shall be calculated and paid no later than 45 days following the end of each calendar quarter for sales during that quarter. Royalties shall be paid by either money order or PayPal.
No royalty shall be paid on paper or digital copies distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at cost.
If Author has elected to grant Publisher the right to contract various distributors and outlets, royalties will be paid to Author contingent on payment received from distributor. In most cases distributors pay Publishers every sixty days to ninety days for sales through their channels during those time frames.
The Author is responsible for paying taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes.
Author shall provide an acceptable final revision of the manuscript in Microsoft Word within the time agreed upon or this contract will be void. Publisher will not be held liable for lost manuscripts. Author should always keep a backup copy.
Marketing and Promotion:
The Author shall provide the Publisher with bio information, photo, and suggested blurb for use on all Publisher’s social sites. Author agrees to give Publisher the right to use Author’s name, likeness, title of work, for publishing, advertising, and promoting the work. Publisher reserves the right to edit or rewrite the blurb submitted by Author.
If the cover artist provided by Phoenix Fire is not of the quality the author prefers they will be responsible for any additional costs and Phoenix Fire must approve of the cover art before the work is to be in print. If the Author has their own cover art it must be copyright free and Phoenix Fire must approve of the final cover. Art must have receipts of purchase off stock sites or permission from artist they gained cover art from.
Author agrees to self-promote the work to the best of their ability. If Author has a social site they may use the first 10 pages of the work to post on the site or sites to give away teasers to promote the work provided it includes a link to Phoenix Fire.
Publisher will send out the work for review to no less than 3 review sites. Author may request a review copy in ebook format. Authors are encouraged to solicit reviews along with the Publisher. For added promotional purposes, Publisher and Authors agree to notify each other as to what review sites submissions have been made. If Author refuses to participate in reviews, interviews, or any sort of promotion that immediately puts the Author in breach of contract.
Publisher can provide discounted copies to Author for signings and promotions at Author’s cost and have them shipped directly to the Author.
Publisher agrees to provide Author with marketing and pr services and guidance to the best of their ability. This includes pre release reviews, interviews, book trailers, and blog spots.
Author can request custom swag by Publisher but will be responsible for the cost of materials, no labor cost will be added. Cost of supplies is $25.00- $35.00 (depending on supply items costs. This includes; custom charm bookmarks, bookmarks, and some custom necklaces. Phoenix Fire will also donate swag prizes including bookmarks, jewelry when available, one paperback for party and 5×7 or 8×10 posters. Size is up to the Author. Material costs can be invoiced through PayPal and once made shipped directly to Author. Publisher can do these swag projects only requiring the cost of the supplies to be covered or seek out a custom designer for them; which the Author will be responsible for the cost of supplies and labor. Phoenix has found it cheaper on the Author to do the work and have the author pay for supplies.
Author agrees to keep some sort of social site available for promotion. An Author or Book Facebook page will be sufficient.
Phoenix Fire Publishing may at any time sell itself, or majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.
Bankruptcy: If Phoenix Fire is legally judged bankrupt or liquidates its business this contract shall be terminated effectively and all rights granted to Phoenix Fire shall be terminated.
This contract hereby constitutes the entire agreement between the Author and Publisher and supersedes all previous agreements regarding the work whether oral or in writing. Modification of this contract may only occur in writing signed by both parties.
Title of Work: _Relentless and Dysfunctional_____
I know this is long but I wanted to show exactly what happened between Tabetha Jones, Phoenix Fire publishing and me.