Story Contract Boilerplate

This is the text of the standard contract that Fireside uses for its fiction, available for reference. While this is our starting point, individual contracts may differ, depending on the particular terms reached with each author.

This Agreement was last updated on September 19, 2017.

Summary

This agreement is made between Fireside Fiction Company, LLC, located at 573 Eastern Parkway, Brooklyn NY 11216 (or ‘Fireside’), and [Author Name], located at [Author address] (or ‘the Author’), for the publication of the story, “[Title of the Story]” (or ‘the Story’), on the Fireside Magazine website and in ebook editions of Fireside Magazine.

Schedule

Acceptance: The Story will be considered accepted after revisions have been approved by the Author and by Fireside.

Exclusivity: The Author agrees not to publish or permit others to publish the Story in any form prior to the Story’s publication in Fireside Magazine and for a period of six (6) months after the Story’s publication in Fireside Magazine, unless the Author obtains Fireside’s prior written approval.

Exclusivity Exception: If the Story is selected for a ‘best of the year’ anthology, Fireside agrees to waive exclusivity, provided the Author gives prior written notice of such selection.

Payment

In consideration for the rights granted by the Author to Fireside, and the Author’s performance of obligations under this Agreement, the Author will receive a payment in the sum of USD 12.5 cents per word, which will be paid immediately upon acceptance of the Story.

Fireside’s right to use the Story is conditioned upon receipt of payment, and upon Fireside’s compliance with the terms of this agreement.

Payment will be made via the Author’s preferred payment method, within reason. Fireside is not responsible for fees associated with an Author’s preferred payment method, such as bank transfer fees or PayPal fees.

Copyrights and Usage

The Author grants to Fireside non-exclusive, non-assignable, and non-transferrable first-world English-language rights to publish the Story on the Fireside Magazine website and in ebook editions of Fireside Magazine.

The Author also grants to Fireside rights to republish the Story in any anthology of stories that have previously appeared in Fireside Magazine, whether in print or ebook editions, within twenty-four (24) months of the Work’s publication in Fireside Magazine.

The Author further grants Fireside a nonexclusive, non-assignable, and non-transferable license to archive the Story online and the non-exclusive right to reproduce and display the Story, or excerpts of the Story, on the Fireside Magazine website, for a period of at least thirty-six (36) months. After thirty-six (36) months, the Author may withdraw all rights from Fireside, provided the Author requests it via written notice.

The Author grants Fireside permission to use the Author’s name, image, likeness, or biographical material for advertising, marketing, and other promotion of the Story. Upon acceptance of the Story, the Author shall provide Fireside with appropriate material for such use.

Terms

Reservation of rights: All rights not expressly granted in this agreement are retained by the Author, including, but not limited to, all rights to drafts or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

Revisions: Fireside reserves the right to ask the Author to make revisions to the Story. The Author may refuse to make revisions and withdraw the Story from Fireside Magazine. If the Author does not acknowledge a request for revisions within seven (7) days, the Story will be considered withdrawn.

Alterations: Fireside will make no major alterations to the Story’s text or title without the Author’s prior written approval, but Fireside reserves the right to make minor copy-editing changes to conform the style of the Story to Fireside’s customary form and usage.

Original Work: The Author represents and warrants that they are the sole author of the Story; that they are the owner of all the rights granted to Fireside hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Story is original and any prior publication of the Story in whole or in part has been fully disclosed to Fireside; that the Story does not violate the right of privacy of any person; that, to the best of the Author’s knowledge, it is not libelous and contains no matter which is libelous, in violation of any right of privacy, harmful to any third party so as to subject Fireside to liability or cause Fireside to engage in conduct that would be contrary to law; that it does not infringe upon any copyright, trademark, or upon any other proprietary or personal right of any person, firm, or corporation, and that the Author is unaware of any such pending claims. The Author agrees to promptly notify Fireside should a claim for any of the aforementioned be made against the Author.

Permissions and Releases: The Author will indemnify Fireside against any loss, injury, or damage finally sustained (including any legal costs, attorney’s fees, and expenses paid by Fireside) occasioned to Fireside in connection with or in consequence or any breach of this representation and warranty.

Rights Reversion: If Fireside fails to publish the Story within 24 months of the date of this agreement, all rights granted hereunder shall immediately revert to the Author. In such event, the Author shall retain any payments made under this agreement prior to such reversion.

Credit and Copies: A credit line suitable to the design of the page will be used. Fireside agrees to list a proper copyright notice for the Story. The Author will be credited on any table of contents pages and at the beginning of the story as [Author’s Preferred Pen Name].

The Dotted Line

Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of New York.

Each party acknowledges that they have read and understood this agreement before execution. This agreement shall be considered in effect upon signing by the Author or Author’s agent and the publisher of Fireside.


[Author or Author's Agent], on behalf of [Author Name]
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Publisher, Fireside Fiction Company
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