Author Submission Agreement
1. Purpose of Submission
Author wishes to submit one or more literary works, manuscripts, proposals, outlines, concepts, or other creative materials (collectively, the “Work”) to Publisher for review and consideration for possible publication.
Author understands that Publisher receives numerous submissions and develops, publishes, and produces creative works across many genres and subject matters.
2. No Obligation to Publish
Author understands and agrees that Publisher is under no obligation whatsoever to publish, distribute, market, or otherwise use the Work.
No agreement to publish shall exist unless the Parties enter into a separate written publishing agreement signed by both Author and Publisher.
3. Possibility of Similar Works
Author acknowledges and agrees that:
- Publisher may currently be developing or publishing works similar to the Work.
• Publisher may have received other submissions containing similar ideas, themes, characters, plots, or concepts.
• Publisher may independently develop works in the future that resemble or are similar to the Work.
Author understands that ideas, concepts, themes, and general story elements are commonly shared across the creative industry, and similarity between works may occur without copying.
4. Waiver of Claims
In consideration of Publisher reviewing the Work, Author agrees that Author will not assert any claim, demand, or lawsuit against Publisher, its owners, employees, contractors, or affiliates based on the alleged use of ideas, themes, plots, characters, or other elements contained in the Work if Publisher’s work is independently created or based on materials not derived from Author’s Work.
Author expressly releases and discharges Publisher from any liability arising from the use of ideas or concepts that are similar to or resemble elements of the Work.
5. No Confidential Relationship
Author acknowledges that the submission of the Work does not create a confidential, fiduciary, or contractual relationship between Author and Publisher.
Publisher is under no obligation to treat the Work as confidential, except to the extent required by applicable law.
6. Ownership of Work
Author represents and warrants that:
- Author is the sole creator and owner of the Work.
• The Work is original and does not infringe upon any copyright, trademark, or other intellectual property rights.
• Author has the full right and authority to submit the Work to Publisher.
Author retains ownership of the Work unless and until a separate publishing agreement is executed.
7. Independent Development
Author acknowledges that Publisher and its staff may already possess or may independently develop ideas, manuscripts, stories, characters, themes, plots, or concepts that are identical or similar to the Work.
Author agrees that Publisher shall be free to use such independently created materials without obligation or liability to Author.
8. Limitation of Liability
Author agrees that under no circumstances shall Publisher be liable for any damages arising out of or related to the submission or review of the Work.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.
Any disputes arising under this Agreement shall be brought exclusively in the courts located in Lea County, New Mexico.
10. Entire Agreement
This Agreement represents the entire understanding between the Parties concerning the submission of the Work and supersedes all prior communications regarding the submission.
Any modifications must be made in writing and signed by both Parties.
