Flash Fiction Publishing Agreement

This Agreement made between Graveside Press and its successors and assigns, hereinafter referred to as the PUBLISHER, and AUTHOR, hereinafter referred to as the AUTHOR, (which term shall be deemed to include the Author’s executors, devisees, heirs, partners, or any other authors, if any, and literary assigns). The parties agree as follows:

1. Definitions

The Work. This Agreement pertains solely to the textual work by the Author titled, STORY TITLE, (the WORK).

2. Limitations on Scope of Grant of Rights

1. This Agreement is not a transfer of the copyright to the Work, and the Author retains all copyrights in and to the Work.
2. This Agreement does not permit the Publisher to publish the Work in any other form or collection unless explicitly granted by This Agreement or a separate written agreement.
3. All rights not expressly granted by the Author in this agreement reside exclusively with the Author. Any rights that may be developed after the date of this Agreement shall reside exclusively with the Author.

3. Publication Rights

1. The Author grants English Language digital rights for publication by the Publisher in the English language worldwide. The rights granted under the terms of this paragraph shall be non-exclusive for a period of three (3) years following the first date of publication.
2. The rights granted to the Publisher under this subsection permit only the publication or dissemination of the Work as a whole, standalone work, and do not permit any separate publication, dissemination, or use of the Work, except for promotional purposes, without a separate Agreement with the Author.

4. Payment

No payment shall be made for the publication of the Work.

5. Author’s Warranties and Indemnity

1. The Author warrants that, as of the date of executing this agreement, he or she is the sole author of the Work; that he or she is the owner of all the rights granted to the Publisher hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to the Publisher and that to the best knowledge of the Author that the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm, or corporation.
2. The Author will indemnify the Publisher against any loss, injury, or damage finally sustained in a court of law (including any legal costs, net of any compensation awarded to the Publisher, or expenses and any compensation costs and disbursements paid by the Publisher) incurred by the Publisher in connection with or in consequence of an intentional breach of one or more the foregoing warranties. Legal representation and the decision to settle will be made in consultation between the Author and the Publisher, and neither may proceed without the approval of the other, not to be unreasonably withheld.

6. Delivery of Manuscript

The Author agrees to deliver to the Publisher one (1) copy of the final manuscript of the Work in DOCx format.

7. Changes to the Work

1. The Publisher will make no alterations to the Work’s text or title without the written approval from the Author in e-mail or hardcopy. The Author will be provided with the Publisher’s proposed version of the work prior to publication and given five (5) business days to review text and return any corrections. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to the customary form and usage of the Publisher.
2. The Publisher reserves the right to choose to not publish the Work for any reason, with written notice to the Author.

8. Style, Price, Promotion, Distribution

1. After consultation with the Author, the Publisher shall have the right, but not the obligation, to publish the Work at its own expense in such format and style, cover or covers, manner and advertisement as it deems suitable. The initial publication shall be with a title agreed to by the parties in writing.
2. The Publisher has final approval of release title of the Work. Every attempt will be made to use the title suggested by the Author, but the Publisher has the option to change the release title if the title suggested by the Author is too similar to any books already in release by the Publisher or recent releases from any other publisher or if the Publisher deems that a more appropriate title is necessary. In the event of a title change, the Author will be given an opportunity to suggest alternative titles. In the event that the parties to this Agreement cannot agree upon a title under which the Work will be published, then the Publisher shall pick a title and shall notify the Author of the title chosen within ten (10) calendar days in advance of publication.

9. Author Credit

Acknowledgment of the copyright shall appear in the name of the Author, their designated pseudonym, or incorporated name. The Author will be credited at the beginning of the story as AUTHOR, unless a PSEUDONYM has been provided.

10. Termination and Reversion of Rights

1. The Author may terminate this Agreement by written notice to the Publisher if the Publisher does not publish the Work within twelve (12) months.
2. The Publisher may terminate this Agreement prior to publication if:
   • the Author fails to deliver a complete and satisfactory manuscript pursuant to section 9. Delivery of Manuscript, or
   • publication may result in legal liability unacceptable to the Publisher in its reasonable judgment.

11. Jurisdiction and Venue

Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of California. The parties agree that any action to enforce this Agreement shall be brought in the appropriate state or federal court in the State of California, and that such court shall have personal jurisdiction over each of the parties.

12. Legal Settlement

The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.

13. Entirety and Amendments

This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended, only by a written agreement clearly setting forth the amendments and signed by both parties.

14. Severability

If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.

15. Signing of Agreement

The parties acknowledge that each party has read and understood this contract before execution.

All person(s) signing this document as an “Author(s)” hereby state that they have the actual authority to enter into and be bound themselves and all other Author(s) to this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written and shall be interpreted under the laws of the State of California.