Sample Contract

Below is a sample contract. The actual contract may vary.

Memorandum of Agreement for Materials Submitted to CARMINE PEN PRESS

This contract is made between Carmine Pen Press, LLC, whose address is 2801 Bickford Ave

#103-363 Snohomish, WA 98290, USA hereinafter referred to as the Publisher, and (AUTHOR NAME), whose address is (AUTHOR MAILING ADDRESS), hereinafter referred to as the Author.

In consideration of mutual promises and forbearances, the parties agree as follows:

Author’s Grant.

1(a). The Author grants permission to include his/her/their poem, “POEM TITLE”, hereinafter referred to as the Work, on the Publisher’s website, carminepen.com.

1(b). The Author grants the Publisher the right to use the Author’s chosen publication name and biographical material for advertising, promoting, or otherwise publicizing the, with reasonable advance notice. The Author may be asked to provide an image or likeness as well; the right to deny this request is retained by the Author. The Publisher shall only use personal information expressly provided and approved by the Author.

1(c). If initialed, the Author grants the Publisher the right to post the Work on social media, with Author name explicity stated, and the Publisher’s watermark if the Work is in image form.

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Initials         Date

Rights Purchased.

2(a). The Publisher acquires rights to publish online.

2(b). The Author retains all rights to the Work not specified here. 

Payments.

3(a). The Publisher shall make no tax withholding from the Payment under this Agreement. The Author is not entitled to receive any employment benefits, including without limitation vacation pay, sick leave, retirement benefits, Social Security, workers’ compensation, disability or unemployment benefits as a result of the Payment.

3(b).  At Publisher’s request, the Author shall provide such documents and information as Publisher may reasonably require for the Publisher to comply with reporting requirements of various governmental taxing entities regarding the Payment. 

3(c). The Author will be paid $10 US dollars for the Work as an honorarium.

3(d). The honorarium will be sent to the Author no later than fourteen days before the publication of the Work.

Authors’ Warranties and Indemnities.

4(a). The Author represents and warrants that he/she/they is the sole Author of the Work, and that no one has previously reserved the rights granted in this agreement. The Author also represents that, to the best of his/her/their knowledge, the Work does not contain any libelous material, is not in violation of any rights of privacy or any other rights of third persons, does not violate any existing common law or statutory copyrights, and was not substantially written by a Learned Language Model (so-called “AI”), though AI tools may have been used for brainstorming or research purposes.

4(b). The Author agrees to hold the Publisher harmless against any judgement finally sustained that the Work contains libel, plagiarism, and/or invasion of privacy.

Copyright.

5(a). The Author retains copyright of the Work.

5(b). The Publisher agrees to list a proper copyright notice for the Work in the name of the Author or their approved pseudonym on the webpage on which the Work is published.

5(c). The Publisher will make no changes to the Work’s text without the express written approval (in e-mail or print) of the Author. Prior to publication, the Publisher’s proposed version will be given to the Author for approval. The Publisher reserves the right to make minor copy-editing and formatting changes to ensure that the Work conforms to the Anthology’s standard forms and usages.

This agreement shall be interpreted under the laws of the State of Washington in the United States of America.

By signing this contract, the Publisher and the Author acknowledge that each party has read and understood this contract prior to execution.

In witness whereof the parties have executed this contract, on this effective as of the last date signed below.

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 Author                                                                        Date


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Publisher                                                                     Date