Carol Givner

Agent

CAROL GIVNER LITERARY AGENCY

 Pacific Palisades, California 90272

Paradise on Earth Between the Beach and the Mountains

Phone: 555-5555

Email:  goldduets@aol.com

The Twelfth of Never, 2006

The following are the terms under which the AGENT CAROL GIVNER and THE CAROL GIVNER LITERARY AGENCY provide their services. 

1.  On any and all deals finalized by us we are irrevocably the worldwide AGENT in all matters pertaining to and arising from contracts between our clients and any publishing entity or producing company, etc., representing all rights in and to any and all works sold or licensed through us, and all sums of money due to the CLIENT under any such agreement shall be paid to and in the name of said AGENT, whose receipt thereof shall constitute full and valid discharge of such contractual obligations.  The CLIENT shall also assign and transfer to CAROL GIVNER and THE CAROL GIVNER LITERARY AGENCY and the AGENT shall retain a sum equal to fifteen percent out of all gross monies due and payable to the account of the CLIENT under any agreement procured by subject to said AGENCY.

2.  THE CAROL GIVNER LITERARY AGENCY agrees to remit to the CLIENT any and all sums due to the CLIENT minus the commission, within ten working days of receipt from the publisher.  AGENT will take CLIENT to dinner at Spago’s in Beverly Hills to sign the contract.  Dessert included.  Wolfgang Puck will serve as the notary.

3.  THE CAROL GIVNER LITERARY AGENCY unless determined by mutual consent shall irrevocably be the AGENT on all sales, foreign sales, and subrights for any project, book, artwork, film, TV, ebook, etc., represented by the AGENCY.

4.  CAROL GIVNER, and THE CAROL GIVNER LITERARY AGENCY shall exclusively represent BUGS BUNNY for a term of two years from the signing of this agreement unless otherwise agreed upon by mutual consent in writing. This contract may be terminated with sixty days notice by the CLIENT with written notification to the AGENCY providing no sales or deals are pending, or by the AGENT with sixty days notice to the CLIENT with written notification providing no sales or deals are pending.  This contract will automatically renew unless written instructions are given.

5.  In the event offers are received by the AGENCY prior to the termination date fixed by this agreement, the termination date shall not apply with respect to any and all such offers made by any and all tendering parties and, regardless of when accepted, they shall fall under the jurisdiction of this agreement.  The AGENCY will handle business for any works this AGENCY sold during the duration of the agreement and also after this contract is terminated.  If books the AGENCY has submitted to publishing houses are still in circulation after the termination date of this contract, the termination date shall not apply and said AGENT will handle these submissions regardless. 

6.  Commissions are non-returnable should a contract be rendered invalid or negated by any action other than by the AGENCY.  Commissions on advances are non-returnable.

7.  CLIENT furnishes each copy of the manuscript to the AGENCY, since the AGENCY does not make copies.  (Makin’ copies.)

8.  Once a manuscript has been submitted to publishers, the AGENT will not withdraw copies for any reason, unless there’s a typo on page three.

9.  After materials are circulated by the AGENT, the CLIENT will be billed for office expenses for postage and mailing costs for manuscripts only.  Post office, UPS, and FedEx receipts will be provided to CLIENT. AGENCY will pay for letter correspondence and provide SASE materials for notification purposes to publishers.  CLIENT and AGENT will exchange Holiday cards, Birthday cards, Valentines, and vacation slides.

10.  In the matter of confidentiality, the AGENT and CLIENT agree that all materials and correspondence are confidential except as stipulated above, except for the billboard AGENT will purchase high above Sunset Blvd. that joyfully lists CLIENT'S sexual preferences. 

11. CLIENT’S ORIGINAL WORK: The Client represents that all material written by the Client and provided to the Agent by the Client, including information, anecdotes, and other oral, written, or recorded material, shall be based on the Client’s original material, and shall not, to the best of the Client’s knowledge, infringe upon or violate any copyright or proprietary right nor constitute libel or slander or invade the right to privacy against any person, firm, or corporation. If the Agent is sued due to association with the Client’s manuscript due to any of the aforementioned grounds, the Client will absorb all court costs and attorney fees related to the defense of the lawsuit against the Agent, its agents, or affiliates.  Darn lawyers.

12. The Agent and Agency make no guarantees as to the salability or marketability of the Client’s work.  The AGENT likes it, or she wouldn’t represent it, but if the publishers gasp, faint, scream, or lose control of their fax machines, then CLIENT will not give up writing and take up podiatry.

13.  Publishers/Agency contact lists with specific names of acquisition editors are confidential.  However, Agent will keep Client updated concerning which publishing house has been queried and what the results of that query have been.  How dare you!  Those are my contacts.  Get your own.  Laaaaaaaaaaaaaazy.

14.  Agency records are confidential.  Again, this is to help the Client resist the temptation to call the publisher and humiliate himself or herself.

15.  Client makes the final decision for all negotiations and deals. 

16.    A personal note:  Last year one of my clients went crazy. Spontaneously combusted.  Felt sorry for her.  Pray for her daily.