You, herein referred to as “Co-Author”, have been asked to provide certain content in written or other form as Brave Healer Productions, LLC, herein referred to as “BHP”, may request, for a co-authored book entitled Healthy For Life (the “Publication”). The name of the Publication may be subject to change at BHP’s sole discretion. If Co-Author is accepted to provide work for the Publication, by clicking below you accept all the terms and conditions contained herein. Co-Author will provide the published work as directed by BHP and under the terms and conditions of this agreement. BHP will manage the Publication including editing, book cover and interior design, compilation, publishing and promotion.
Terms and Conditions
Terms and Conditions
INTELLECTUAL PROPERTY OWNERSHIP
Copyright. Co-Author grants, transfers, assigns, and conveys all right, title and interest, all subsidiary rights in and to any contribution or submission to the Publication created by Co-Author, its employees or agents (“Co-Author Works”) throughout the world, including, but not limited to, the right to secure copyright registrations therein and to any resulting registrations in BHP’s sole name as claimant, and the right to secure renewals, reissuances and/or extensions of any such copyrights or copyright registrations in the United States of America or in any foreign country. BHP may use, copy, modify, publish, display, edit, adapt, convert to other media, distribute, reprint, or authorize others to reprint the Co-Author Works in any manner, form or media without any limitation or requirement to secure the consent of Co-Author or to make payment for the Co-Author Works or to negotiate, collect or distribute any royalties in connection therewith, except as otherwise agreed in this Agreement.
Limited License. Notwithstanding the foregoing, Co-Author is granted a limited, perpetual, royalty-free license to use all or a part of the Co-Author Works for any additional books or articles for promotional, educational, and commercial purposes, provided that Co-Author shall provide proper attribution to BHP as follows “Original is available through the Brave Healer Productions in [Publication Title] © Publication Date,” and shall not use the Co-Author Works in anyway that competes with BHP.
Warranty and Representation. By submitting Co-Author Works to the BHP, Co-Author warrants and represents that (i) Co-Author is the sole and exclusive owner of the rights herein granted throughout the world and that no part of the Co- Author Works has in any way been encumbered, conveyed, granted or otherwise disposed of and the same are free of any liens or claims whatsoever and that there are no claims or litigation pending, outstanding, or threatened which might in any way prejudice, interrupt or interfere with BHP’s use of the Co-Author Works; (ii) Co-Author has the full right and authority to enter into this Agreement and to grant BHP the rights granted to it herein; (iii) the Co-Author Works is wholly original to Co-Author and not generated by artificial
intelligence, and no use of the Co-Author Works by BHP will violate or infringe upon any copyright belonging to any person, firm or corporation nor will it constitute an infringement or violation of any other right(s) of any person, firm or corporation; (iv) if the Co-Author Works includes content obtained from third parties, they have obtained valid written consent to use such content and has notified the third party or third parties of the rights assigned to the BHP under Section 1 above; and (v) Co-Author has disclosed any relationship they may have with the firm, company or person
producing any product or providing any service referred to in
the Co-Author Works to allow BHP to determine whether a
real or apparent conflict of interest exists and whether
disclosure should be made in publishing the Co-Author
Works.
Limited License. Notwithstanding the foregoing, Co-Author is granted a limited, perpetual, royalty-free license to use all or a part of the Co-Author Works for any additional books or articles for promotional, educational, and commercial purposes, provided that Co-Author shall provide proper attribution to BHP as follows “Original is available through the Brave Healer Productions in [Publication Title] © Publication Date,” and shall not use the Co-Author Works in anyway that competes with BHP.
Warranty and Representation. By submitting Co-Author Works to the BHP, Co-Author warrants and represents that (i) Co-Author is the sole and exclusive owner of the rights herein granted throughout the world and that no part of the Co- Author Works has in any way been encumbered, conveyed, granted or otherwise disposed of and the same are free of any liens or claims whatsoever and that there are no claims or litigation pending, outstanding, or threatened which might in any way prejudice, interrupt or interfere with BHP’s use of the Co-Author Works; (ii) Co-Author has the full right and authority to enter into this Agreement and to grant BHP the rights granted to it herein; (iii) the Co-Author Works is wholly original to Co-Author and not generated by artificial
intelligence, and no use of the Co-Author Works by BHP will violate or infringe upon any copyright belonging to any person, firm or corporation nor will it constitute an infringement or violation of any other right(s) of any person, firm or corporation; (iv) if the Co-Author Works includes content obtained from third parties, they have obtained valid written consent to use such content and has notified the third party or third parties of the rights assigned to the BHP under Section 1 above; and (v) Co-Author has disclosed any relationship they may have with the firm, company or person
producing any product or providing any service referred to in
the Co-Author Works to allow BHP to determine whether a
real or apparent conflict of interest exists and whether
disclosure should be made in publishing the Co-Author
Works.
OBLIGATIONS OF THE PARTIES
As to Co-Author. Co-Author shall produce Co-Author Works in a timely manner as directed by BHP. Time is of the essence. BHP shall have sole discretion on these timelines and obligations but agrees to act reasonable in its requests of Co-Author.
As to BHP. BHP will compile, publish, sell and promote the Publication in its sole and absolute discretion. BHP is under no obligation to include the Co-Author Works in the Publications. BHP shall handle all email communications, Facebook Group communications, coaching of authors, the Publication “launch”, and on-going marketing.
RIGHT TO SELL & PURCHASE
No royalties are due and payable to Co-Author. Rather, Co-Author has the right to purchase copies of the Publication from BHP at cost and resell them, for its own profit, at the retail price no lower than that set by BHP.
IMAGE AND LIKENESS
For purposes of marketing the Publication, Co-Author hereby irrevocably grants to BHP, the rights to photograph, video, and record by any media, method, or means (the following, individually and collectively, the “Materials”): (i) Co-Author and their likeness, (ii) Co-Author’s voice, (iii) all media, performances and other visual elements and sounds featuring the Co-Author or created or furnished by the Co-Author; and (iv) the Co-Author’s name, sobriquet, and biographical information.
Co-Author grants to BHP the rights to use the Materials via any and all media, methods, or means now known or hereafter devised for any and all use, including but not limited to promotion, editorial, advertising and/or commercial purposes, to alter without restriction, to use in any form or format now known or later known without further consent from or royalty, payment, or other
compensation to Co-Author.
GENERAL PROVISIONS
The terms, covenants, and provisions of this agreement shall inure to the benefit of BHP, its successors, assigns, and/or other legal representatives, and shall be binding upon the Co-Author, their respective heirs, legal representatives, and assigns. Co-Author agrees that this Agreement constitutes the complete agreement between the Co-Author and BHP and supersedes any prior oral or written agreement or understanding between the parties with respect to the Co-Author Works. No modification, renewal, extension, and/or waiver of this agreement or any of its provisions shall be binding upon the party against whom enforcement of such modification, renewal, extension, or waiver is sought, unless made in writing and signed on behalf of such party by one in authority to do so. The parties agree that this Agreement may be executed and delivered in counterparts and by electronic signatures and that electronic signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. This Agreement shall be governed by the laws of Maryland. Any Action or proceeding of any kind arising out of this Agreement or with respect to it shall be instituted and tried in the courts within Montgomery County, State of Maryland.
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