WOMEN WHO RISE
BOOK PARTICIPATION AGREEMENT
In this agreement, the client/co-author is identified as “Participant” and the Publisher/Kate Butler Enterprises is identified as “Coach”.
- DESCRIPTION OF PROGRAM
- Participant will have book published by Coach. This book will compile all Program Participants work.
- Participant will be asked to participate in the program live calls given by Coach, listen to the recording or read the follow-up notes to stay informed on the book project.
- Participant will have one 1:1 Strategy Session with Coach to review your vision and strategy for your chapter.
Participant will pay Coach amount reflected here in your payment link for her participation in the Program.
The Contractual Provisions are attached and incorporated herein. Both parties must sign and return the attached provisions, which are an integral element of this Agreement.
The parties agree that the following provisions are incorporated into the Agreement to which it is attached. The parties agree that the terms of these Contractual Provisions prevail over the terms of any other document.
- SCOPE. Participant will participate in book program with Coach to be a co-author in a compilation book with other Program participants (the “Book”). Participant will also be expected to participate in appropriate marketing of book, as outlined in program through the private facebook group. Participant is expected to be respectful of co-authors and program within the facebook group and also keep all proprietary information confidential in order to remain in good standing with the group. Coach will handle all aspects of formatting, editing, and publishing the Book.
- PAYMENTS.Participant will pay Coach the amount noted here in this registration link for participation in the Program in the payment terms outlined above. This is the only required payment. And neither Coach nor Participant shall owe any monies to the other for the Program.
- COPYRIGHT OWNERSHIP.Participant will hold the copyright in her submission to the Book (“Work”). Coach will instruct Participant on how to register her Work with the United States Copyright Office. Coach will, upon first publication, register a copyright in the Book. Coach shall credit Participant as the author of her Work within the Book and may use Participant’s name, approved picture, likeness for advertising purposes or purposes of trade in connection with the Book.
- LICENSE. Participant grants to Coach the right to publish, sell, and exploit the Work, in compilation book form throughout the World during the full term of copyright and all extension thereof, available to the Work. Coach asks that this exact story not be used in a similar compilation book for one year from publishing date, out of respect to this published body of work.
- DELIVERY OF WORK. Participant will deliver edited, approved and final chapter of the Work to Coach no later than 30 days after Story Strategy Strategy Session.
- EDITING THE WORK.After Participant delivers the Work to Coach, Coach shall provide Participant a copy of the work as copyedited by Coach (the “Edited Work”). If Coach does not receive written notice from Participant with fifteen (15) days, the Edited Work shall be considered approved. If Coach does receive written notice, this Coach and Participant will work together for one additional round of edits. At the end of the second round, the Edited Work will be deemed approved by Participant. Once the Edited Work is approved, Participant understands that in the ordinary course of preparing the manuscript for the printer, Coach is authorized to make the Edited Work conform to its house style in spelling, punctuation, and usage. However, no material change will be made to the Edited Work without Participant’s approval.
- MANNER OF PUBLICATION. Coach shall have the right to publish the Book containing the Work, Design and Authors in such style, as it deems best suited. Breach of contract could result in removal of story from book.
- WARRANTIES AND INDEMNITIES.Participant represents and warrants that: she is free to enter into this Agreement; the Work is original or all necessary permissions and releases have been obtained and paid for; and no intellectual property rights have been infringed upon or other laws violated. Participant agrees to indemnify Coach for any loss, liability or expense resulting from the actual breach of these warranties.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL COACH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY PARTICIPANT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COACH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF AMOUNTS PAID TO COACH FOR THE PROGRAM.
- NO PARTNERSHIP OR EMPLOYMENT.The parties are collaborating In the Program. This Agreement does not create a partnership or an employment relationship.
- CONFIDENTIALITY AND NON-COMPETE. Participant agrees to keep confidential all materials, treatments, story lines and business plans disclosed by Coach or other Program participants during the Program, and shall not disclose any such information to any third party without prior written consent. The book program, sales techniques, marketing plan, book publishing process in this program in the intellectual property of Coach. To duplicate this book program would be a breach of contract. Participants would need to receive written approval from Kate Butler Enterprises to repurpose any part of this book program, except their chapter, which is copyrighted as their own.
- ASSIGNMENT, ENTIRETY OF AGREEMENT, GOVERNING, JURISDICTION.This Agreement cannot be assigned or transferred without the written consent of the other party. This Agreement constitutes the entire agreement between the parties. No modification shall be enforceable except in writing and signed by the parties. This Agreement shall be governed by the laws of the state of New Jersey.
- SEVERABILITY.If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable.