Hali‘a Aloha Client-Author Agreement
As a Hali‘a Aloha client-author (“Client-Author”), I hereby confirm that I am the sole author and proprietor of any and all text, photographs, artwork or other material (“the Work”) submitted for use in my book; that the Work is original and does not infringe upon the copyright or other proprietary right of any other person, that it contains no libelous or injurious material, and that it does not infringe upon any trade name or trademark.
If any third-party text or other materials are submitted by me for use in my book, I confirm that rights and permissions have been obtained for all such materials. Should further rights and permissions be required for such third-party material, I will be solely responsible for obtaining all applicable rights and permissions. Legacy Isle Publishing (“Publisher”) will inspect all such permissions prior to publication, and by publishing the Work decrees such permission to be granted.
I agree to hold Legacy Isle Publishing and its representatives harmless and to defend and indemnify them against any claim, suit or other proceeding arising from any alleged copyright or proprietary infringement relating to any material in my book. I further agree to hold Legacy Isle Publishing and its representatives harmless and to defend and indemnify them against any litigation or other proceeding arising from alleged libel or other claim of defamation related to the book’s contents. I agree that this provision will survive the termination of this agreement.
I acknowledge that Legacy Isle Publishing reserves the right to reject any written or graphic material that it considers to be hate speech; that it determines to be defamatory, obscene or illegal; or that it otherwise deems controversial or objectionable. I further agree that the Publisher reserves the right to require me to remove or revise such material to its satisfaction.
I understand that I will retain the copyright on the Work under the terms of my service package agreement with Legacy Isle Publishing. While I will receive a final pdf file of my book, I acknowledge that this file includes the proprietary book design and imprint of the Publisher; that this file may not be reproduced, duplicated or distributed in part or in its entirety, except to promote sales of my book through the channels offered by Legacy Isle Publishing; and that any additional copies printed after the initial printing will be ordered through Legacy Isle Publishing and not through any third party. I retain the right to give away or resell copies of my printed book that have been ordered through Legacy Isle Publishing; such copies may be sold direct to end consumers or consigned to other vendors. I understand that I may not sell or give away printed or digital copies which have not been ordered through Legacy Isle Publishing, as this is a violation of the Publisher’s proprietary rights to the book’s design and imprint.
By participating in the Hali‘a Aloha writing and publishing program, I am committing to completing a manuscript in accordance with the program parameters and deadlines, which include two work-in-progress submissions within the first three months of the program and a final completed manuscript between nine and twelve months of the program’s start. My completed manuscript will be published under the Hali‘a Aloha Series imprint in fulfillment of the package obligation to provide copies of the finished book to the Client-Author. I have the option of having my book excluded from general release and sale to the public. I recognize that the printing of finished copies bearing the Hali‘a Aloha imprint and assigned ISBN is considered “publication” under industry standards and prohibits me from representing my work as “unpublished” to any other publishers or writing competitions, even if the book is not made available to the public.
I understand that if I do not complete my manuscript under the terms and deadlines of the program, I forfeit my right to any services not yet rendered to me, such as editorial reviews, conferences or finished book production and printing. Any refunds of fees shall be issued in strict accordance with the program's refund policy. By signing this document, I agree that I have reviewed the refund policy and shall abide by it.
Under the terms of this agreement, Legacy Isle Publishing shall pay me, or my duly authorized representative, a royalty amount of 70% of net revenues received by the Publisher through sales of print or electronic copies of my published book. Royalty payments will be made semi-annually, with sales reports and payments due each year on or about May 15 and November 15. I will not be paid royalties on author’s copies that I have purchased for personal use. It is my responsibility to provide a W-9 form and to keep Legacy Isle Publishing informed of my correct address and payment information. Failure to provide this information will negate the terms of my payment agreement.This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Client-Author, and upon and to the successors/assigns of the Publisher. This agreement may not be modified, altered or changed except by an instrument in writing signed by the Client-Author and the Publisher.