Hi everyone,
I took a look at the sticky threads for this info but couldn't find anything that answers my question exactly, so I'll ask here. I have an offer of rep with an established, legit agency, and I'm trying to parse their contract before signing. I'm confused about:
If circumstances arise whereby the Author is unable to meet the deadlines of a Publisher or
engages in any action, or lack, thereof constituting in a breach of the Publishing Agreement, and
publisher demands the return of an advance that has already been received, it will be the author’s
sole responsibility to return the said advance including commissions already earned by the Agent
for the sale of the said project. The Agent will not be required to return any commissions earned.
Is this typical? I fully intend to meet deadlines and to never breach a publishing agreement, so perhaps this isn't something to worry about...but still. Should the author be responsible for reimbursing their advance and whatever portion has already gone to the agent, while the agent gets to keep commission? I completely understand the other side -- it'd be unfair to return income based on someone else's inability to meet agreed upon terms/conditions. So, just curious.
Thanks
I took a look at the sticky threads for this info but couldn't find anything that answers my question exactly, so I'll ask here. I have an offer of rep with an established, legit agency, and I'm trying to parse their contract before signing. I'm confused about:
If circumstances arise whereby the Author is unable to meet the deadlines of a Publisher or
engages in any action, or lack, thereof constituting in a breach of the Publishing Agreement, and
publisher demands the return of an advance that has already been received, it will be the author’s
sole responsibility to return the said advance including commissions already earned by the Agent
for the sale of the said project. The Agent will not be required to return any commissions earned.
Is this typical? I fully intend to meet deadlines and to never breach a publishing agreement, so perhaps this isn't something to worry about...but still. Should the author be responsible for reimbursing their advance and whatever portion has already gone to the agent, while the agent gets to keep commission? I completely understand the other side -- it'd be unfair to return income based on someone else's inability to meet agreed upon terms/conditions. So, just curious.
Thanks