Firewind Publishing Contract

WHEREAS, Firewind Productions is a designer, publisher and new media consultant, offering book design, layout, publication and distribution;

WHEREAS, the Client seeks to utilize Firewind Productions' services for the design, layout, publication and distribution of Client's book(s);

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Initial Consultation and Analysis

  1. A detailed initial consultation and analysis of the Client's book project including scope, design, layout, publication, and market presence will be performed upon commencement of service. At this time, the Designer and the Client will agree on all content to be provided by the Client in order to progress promptly with the work.

II. Commencement of Service

  1. The book design and layout period begins on the day that the initial payment is received by Firewind Productions. Client expressly agrees to these terms of contract.

III. Book Design and Layout Period

  1. The Book Design & Layout Period begins when the initial payment is received. During this period, the Client's book will be designed, the layout will be finalized, and proofing will take place. This process usually takes around fourteen (14) to twenty (20) days and may be as little as seven (7) days, depending on the Designer's schedule and receipt of content to be supplied by the Client.
  2. In order to proceed in an efficient manner, Client agrees to provide all content/information discussed during the initial consultation and analysis or any other content/information necessary for the project to the Designer within seven (7) days of commencement of service. The design and layout period may be extended if content to be supplied by the Client is not provided in a timely manner or if proofing changes are not received promptly.
  3. Comps & Proofing: 95% of all Firewind Productions' designs are approved within one or two proofs, however we will do as many proofs as are necessary to bring the book to your complete satisfaction before publication.  During the Design & Layout Period, Firewind Productions will provide up to three comps (rough ideas) and three proofs from each comp (up to a total of nine proofing sessions) at no charge to you.  Additional proofs as necessary will be available for $25/ea.

IV. Close of Design & Layout Period/Publication Period

  1. Signature of Client/Designer. A signature will be obtained to mark the close of the Design & Layout Period, when the book is designed to the Client's satisfaction.  This signature is required before publication can proceed.
  2. Publication Options: Firewind Productions and the Client will discuss and agree upon the publication options for the project. These can include but are not limited to:
    1. Lulu.com Publication: $125-$250 - A print-on-demand service, Lulu is the most cost-effective way to publish your work. We acquire a unique ISBN for you, design and layout your book to Lulu's exact specifications, create your cover spread with the spine set up at the exact width of your completed book, upload layout files to Lulu, and prepare your work for distribution.
    2. BookBaby Publication: $199-$399 - Another print-on-demand service, BookBaby specializes in digital book publishing. Get your book on Kindle, Apple iPad, Nook, Sony Reader, Kobo, Copia and other eBook devices and services. Printed books are also available in bulk rates.
    3. Traditional Bulk Printing - Firewind Productions will acquire quotes from a number of printers and manufacturers to get the Client the best price and quality for their project.
  3. Revisions/Additional Design Work: After the book design & layout period is completed, additional design work requested by the Client will be available at Firewind Productions' special client rate of $65/hr.

V. Close of Publication Period/Distribution

  1. Distribution Options: Firewind Productions and the Client will discuss and agree upon the distribution options for the project. Through distribution, your project can reach an enormous audience, and you'll be making royalties from any book sold. These can include but are not limited to:
    1. Lulu.com globalREACH: $75 - Lulu's globalREACH service makes your book available on Amazon.com, BarnesandNoble.com and other online retail sites. This service also creates a listing for your book with Ingram Book Company which allows brick and mortar stores to purchase your book. This service requires an ISBN and that the book follow all distribution requirements.
    2. BookBaby Distribution: Various Packages - Get your eBook on the Applie iBookStore, Amazon.com (for Kindle), Barnes & Noble (for Nook), Sony Reader Store, Kobo, Copia, and more.

VI. Errors

  1. Firewind Productions assumes no responsibility for errors. The Client shall be responsible for final proofreading on the assignment. Firewind Productions shall provide a final proof upon completion of the design & layout period, which the Client must sign to indicate that the Client assumes full responsibility for any errors contained therein.

VII. Optional Upgrades/RUSH Terms

  1. The Client may choose to place an optional RUSH on the book design & layout period for guaranteed design, layout, proofing, and delivery to a publication service within ten (10) business days of the receipt of all materials necessary for the project to be supplied by the client. This optional service is available for a nonrefundable charge of $350, to be paid upon commencement of services.
  2. Writer's Website Discount: All book design clients will receive special pricing on a KaioCreative website to market them and their works. For more information on package availability and options, see http://firewindproductions.com/solutions/creatives/.

VIII. Financial Arrangements

  1. Client agrees to pay 50% of the initial estimate for the project upon commencement of services.
  2. At the end of the Design & Layout period, the Client agrees to pay another 25% of the initial estimate.
  3. Client agrees to pay the balance of the final invoice by the end of the Publication period.
  4. Notwithstanding the above, Firewind Productions may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment.

IX. Reservation of Rights

  1. Upon completion of the Design & Layout period, Firewind Productions will grant the Client full rights to the final approved book design and layout.
  2. Upon cancellation or kill during the Design & Layout period, all rights for all design and layout created by Firewind Productions revert to Firewind Productions.
  3. Firewind Productions also reserves and witholds the right to use any images created during the Design & Layout period in its portfolio. This right may be waived only via arrangement for payment of a separate fee.
  4. All other rights not expressly granted are retained by Firewind Productions, including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use additional to that expressly granted requires arrangement or payment of a separate fee.

X. Contract Termination/Kill Clause

  1. In the event of the Client's termination of this contract Client agrees to pay Firewind Productions for any work that has been completed.

XI. Taxes

  1. Firewind Productions shall not be liable for any taxes or other fees to be paid in accordance with revenue from the book project. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

XII. Trademarks & Copyrights

  1. Client warrants that it has the right to use the applicable trademarks and copyrighted work, if any.

XIII. Age

  1. The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

XIV. Lawful Purpose/Anti-Spam Policy

  1. Client may only use Firewind Productions' design, layout, and publication services for lawful purpose. Publication of any material in violation of any Country, Federal, State or Local regulation is strictly prohibited.
  2. Client agrees to not have any content in their work that advocates, sells or in any way makes available tools or methods in violation of any Country, Federal, State or Local regulation.
  3. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

XV. LIMITED LIABILITY

  1. Client expressly agrees that use of Firewind Productions' services is at Client's sole risk. Neither Firewind Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the client's project will have any predetermined marketability, unless otherwise expressly stated in this contract.
  2. The Client agrees to indemnify and hold Firewind Productions harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
  3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.

XVI. INDEMNIFICATION

  1. Client agrees that it shall defend, indemnify, save and hold Firewind Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Firewind Productions, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Firewind Productions against Liabilities arising out of
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Client's book project;
    2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement.

XVII. CONTRACT REVISIONS

  1. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties.

XVIII. TRANSFER

  1. Client may not transfer this contract without the written consent of Firewind Productions.

XIX. CONTRACT

  1. These Terms and Conditions constitute the entire Contract and understanding of the parties.
  2. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
  3. Any dispute regarding this agreement shall be arbitrated in Lewiston, Idaho under the rules of the American Arbitration Association and the laws of the State of Idaho. A waiver or breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Idaho and courts of such state shall have exclusive jurisdiction and venue.