Story Contract Boilerplate

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

This boilerplate was last updated on March 20, 2019.

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 print and ebook editions of Fireside Magazine.

If Author has an agent, Author hereby authorizes [Agency], attn: [Agent Name], [Agency address] (or ‘the Agent’), as the Author’s exclusive agent with respect to the Story and all rights granted in this Agreement. Fireside will direct all payments and statements to the Agent, and may rely on the Agent to act on the Author’s behalf in respect to all matters under this Agreement, including settlement of any controversies arising out of this Agreement.

Schedule

Completion of Edits: The Story will be considered edited after revisions have been handed in by the Author and approved 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 be paid immediately upon completion of copyedits to the Story and Author’s execution of this agreement.

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 print and 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 also grants to Fireside the nonexclusive right to create and publish sound recordings of non-dramatic, English and Spanish language readings of the Story, and to reproduce these recordings in all electronic media, 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.

On occasion or for special events, Fireside may wish to promote Author, the Story and Fireside Magazine. In that event and provided that Fireside informs Author with reasonable notice, Author will cooperate in good faith with Fireside in promoting Author, the Story and Fireside Magazine by participating in promotional activities such as, but not only, writing blog posts, appearing on podcasts, granting interviews and making appearances at events.

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.

Infringement: If the copyright in the Story is infringed, and if the parties proceed jointly, the expenses and recoveries, if any, shall be shared equally, and if they do not proceed jointly, either party shall have the right to prosecute such action, and such party shall bear the expenses thereof, and any recoveries after the deduction of such expenses shall be divided between them.

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 have 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.

Indemnification: 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. If Author shall breach this warranty, Fireside shall be entitled to injunctive relief in addition to all other remedies, which may be available to it.

Rights Reversion: If Fireside fails to publish the Story within twenty-four (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 Author is also entitled to one contributor copy of any print publication in which the Story appears.

Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and in effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Dispute Resolution: If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association before resorting to arbitration or litigation. The jurisdiction for arbitration or litigation shall be New York.

The Dotted Line

Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of New York, applicable to agreements made and to be performed therein. This Agreement is entire and all previous negotiations and understandings have merged herein, therefore this Agreement constitutes the complete understanding of the parties. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.

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]
Date:

Publisher, Fireside Fiction Company
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