Program Agreement
Congratulations! You have just taken a significant step forward in your book’s production and publication! This agreement outlines the terms and conditions of the I am Published!SM program.
Parties—This agreement is made between the client (“CLIENT”) placing an order for services and Imagine! Studios, owned by Thomas Joseph Eckstein, Jr., PO Box 1362, Sarasota, FL 34230 (“Imagine! Studios”) for the specified book title (“WORK”).
Description of Services
Following is a description of the services that may be ordered by the CLIENT (only the services expressly ordered and purchased by the CLIENT will be performed):
Strategy Session—The CLIENT will receive a 30- or 60-minute phone call or in-person meeting (as specified) to discuss with them the publishing process, answer their questions, and discuss their needs and unique vision for their book.
ISBN, LCCN, Bowker Books In Print & U.S. Copyright Registrations—Imagine! Studios will handle the following registrations in the CLIENT’s name: ISBN registration, Bowker Books In Print registration, Library of Congress Control Number (LCCN) registration, and U.S. Copyright registration. Imagine! Studios will fulfill all requirements for LCCN and U.S. Copyright registration on behalf of the CLIENT, including submitting deposit copies of the book and payment of fees. Imagine! Studios will not be able to handle corporation setup for the CLIENT (consult a CPA or attorney). At the CLIENT’s request, Imagine! Studios will coordinate the purchase of ISBN(s) on behalf of the CLIENT, in which case the U.S. ISBN agency’s required fee of $125 for 1 ISBN or $295 for 10 ISBNs (subject to change) will be charged to the CLIENT. Imagine! Studios will insert an EAN barcode to the back cover of the book.
Manuscript Developmental/Line Editing—The manuscript provided by the CLIENT will be developmental- or line-edited by a professional editor. This type of editing includes evaluating, revising, and improving the structure, organization, style, tone, presentation, format, language, and narrative elements of the manuscript and may involve substantive restructuring and rewriting.
Manuscript Copy Editing—Up to 50,000 words of the manuscript provided by the CLIENT will be copy-edited by a professional editor. Additional copy editing and a second pass of copy editing may be purchased at the current rates if not included. Copy editing includes basic spelling, grammar, punctuation and consistency and will adhere to the Chicago Manual of Style unless otherwise agreed. The assigned editor may give developmental comments or do research, at his/her own individual discretion. The CLIENT acknowledges that one or two passes by a copy editor may not catch every error and it is common for even edited published books to still contain occasional errors. Once the CLIENT approves the copy editing, the CLIENT accepts responsibility for any corrections the CLIENT requests after that point, which may constitute an additional fee. Copy editing does not include transcription from printed or audio material. An additional charge will apply for any material required to be transcribed.
Cover Design—Imagine! Studios will provide a professional, custom book cover design for the CLIENT’s WORK, utilizing the CLIENT’s suggestions and market research. For Basic Cover Design, a minimum of one concept will be provided to the CLIENT, and the use of up to one stock image and one round of revisions are included. For Full Custom Cover Design, a minimum of three concepts will be provided to the CLIENT, and the use of up to three stock images and up to three revisions are included. Imagine! Studios will provide the CLIENT with images of the cover in JPEG format to use for promotional purposes. Original design files may be purchased for an additional 60% of the current price for book cover design. Original design files will be in the following format: Packaged Adobe InDesign (.INDD). Custom illustrations are not included but may be purchased for an additional fee.
Interior Formatting—Imagine! Studios will provide professional custom book interior formatting and design for the CLIENT’s WORK, utilizing the CLIENT’s suggestions and market research, from the provided manuscript, preferably in Microsoft Word format. Other file types or books submitted on paper may incur a transcription or conversion fee. If ordered by the CLIENT, images or graphics may be included for placement in the interior of the book. These images or graphics must be either provided by the CLIENT, or stock images, custom graphics or illustrations may be purchased for an additional fee. One revision is included with Basic Interior Formatting and up to three revisions are included with Full Custom Interior Formatting. Original design files may be purchased for an additional 60% of the current price for book interior formatting. Original design files will be in the following format: Adobe InDesign (.INDD).
Indexing—Imagine! Studios will format an Index for the WORK to the CLIENT’s specifications. The Index will be created from a list of terms provided by the CLIENT.
Printing Setup and Hardcopy Proof—Imagine! Studios will set up the WORK to be reproduced in softcover (paperback) or hardcover (hardback) format, whichever is requested by the CLIENT. Setting up the WORK for both formats may constitute an additional fee. Imagine! Studios will handle the setup of an account in the CLIENT’s name and the printing of the WORK with the recommended printer or the printer of the CLIENT’s choice. The recommended printer’s setup fees and one hardcopy proof is included, however changes in the printer’s fees or fees greater than those of the recommended printer may constitute an additional fee to the CLIENT. Revisions requested by the CLIENT that are not the fault of the printer or Imagine! Studios after the WORK has been delivered to the printer are not included and will constitute an additional fee. The CLIENT shall supply a credit card to remain on file with the printer for any future payments that will be charged directly to the CLIENT. Files supplied by CLIENT for printer setup must adhere to printer’s specifications.
Distribution and Wholesale Discount—Imagine! Studios will set up the WORK for distribution through Ingram Book Group’s worldwide distribution system (if recommended distributor is chosen by the CLIENT). At the effective date of this agreement, this includes more than 39,000 retailers, libraries, schools, internet commerce companies, and other channel partners, including Amazon, Barnes & Noble, Chapters/Indigo (Canada), and other well-known book retailers and wholesalers around the world (subject to change). The distribution fee of $12 per year (subject to change by the distributor), will be paid by the CLIENT directly to the distributor until the CLIENT decides to cancel the title with the distributor. Imagine! Studios and the distributor do not guarantee bookstore placement, and retailers may not be able to order the book through distribution channels if the CLIENT selects a wholesale discount lower than industry-standard (55%).
Returnability—Imagine! Studios will set up the WORK with the distributor for full returnability, unless otherwise notified by the CLIENT. If possible, returned copies of the WORK will be shipped to the CLIENT directly from the distributor, and the distributor will charge the CLIENT directly for the costs and shipping of these copies
E-book Standard Formatting & Distribution—Imagine! Studios will create a compatible e-book format of the WORK that will be viewable on e-book readers. Imagine! Studios will handle the setup of an account in the CLIENT’s name with the recommended e-book distributor or the distributor of the CLIENT’s choice, as well as set up the e-book according to the e-book distributor’s specifications. The recommended e-book distributor will handle distribution to Amazon Kindle, Barnes & Noble Nook, Apple iBooks, Kobo, and other e-book retailers. E-books are subject to the distributor’s Terms and Conditions. The recommended e-book distributor’s setup fees are included, however changes in these fees or fees greater than those of the recommended printer may constitute an additional fee to the CLIENT. The CLIENT shall supply a credit card to remain on file with the distributor for any future charges that will be charged directly to the CLIENT. The CLIENT may decide when to cancel the title with the distributor at their discretion. Imagine! Studios and the distributor do not guarantee retailer placement.
E-book Fixed-Layout Formatting & Distribution—Imagine! Studios will create a compatible e-book format of the WORK that will be viewable on e-book readers. Imagine! Studios will handle the setup of an account in the CLIENT’s name with the recommended e-book distributor or the distributor of the CLIENT’s choice, as well as set up the e-book according to the e-book distributor’s specifications. The recommended e-book distributor will handle distribution to the Amazon Kindle (if mobi format only is requested), or Amazon Kindle, Apple iBooks, Kobo, and other e-book retailers (if mobi & epub formats are requested). E-books are subject to the distributor’s Terms and Conditions. The recommended e-book distributor’s setup fees are included, however changes in these fees or fees greater than those of the recommended printer may constitute an additional fee to the CLIENT. The CLIENT shall supply a credit card to remain on file with the distributor for any future charges that will be charged directly to the CLIENT. The CLIENT may decide when to cancel the title with the distributor at their discretion. Imagine! Studios and the distributor do not guarantee retailer placement.
Printer Back Office and Sales Training—Imagine! Studios will conduct a 30-minute training session over the phone (or, if feasible, in person) with the CLIENT or the CLIENT’s designee(s) on tracking sales, paying printer invoices, ordering and drop-shipping books, and more.
Book Pricing—Once a final page count has been established and market research is complete, Imagine! Studios will give the CLIENT a breakdown of profit, wholesale discount and print cost relating to the WORK in three different recommended price ranges. Pricing will fit consumer guidelines and the CLIENT will choose the final price.
Book Signing Kit—Imagine! Studios will create a full-color custom-designed Book Signing Kit including: 10 laminated posters (11″ x 17″), 1,000 invitation-style postcards (4″ x 6″, 2-sided), and 250 half-page glossy fliers (5.5″ x 8.5″, 2-sided) featuring the WORK. The Book Signing Kit will be shipped to the CLIENT after all fees have been paid in full.
Publicity Kit—Imagine! Studios will create a full-color custom-designed Publicity Kit including: 500 business cards (3.5″ x 2″, 2-sided), 500 postcards (4″ x 6″, 2-sided), and 500 bookmarks (2″ x 6″, 2-sided) featuring and promoting the WORK. The Publicity Kit will be shipped to the CLIENT after all fees have been paid in full.
Custom Press Release—Imagine! Studios will write a press release promoting the WORK based on information provided by the CLIENT. The CLIENT will have the opportunity to review the release and request up to two rounds of revisions. The press release will be delivered to the CLIENT in Microsoft Word and PDF formats.
Custom Media Kit— Imagine! Studios will write a press release and design a customized media promoting the WORK based on information provided by the CLIENT, including any reviews and endorsements, a book description, information about the book, the author’s biography and photo, suggested interview questions, and contact information. The content will be copy-edited by a professional editor. The CLIENT will have the opportunity to review the release and request up to three rounds of revisions. The press release will be delivered to the CLIENT in PDF format.
General Terms
Rights—All rights to text and other materials provided by the CLIENT, including but not limited to reproduction, publishing, and distribution, are to remain with the CLIENT, except for rights the CLIENT grants their chosen printer and distributor. Upon receipt of full payment, Imagine! Studios grants to the CLIENT the following rights to designs and images created for the WORK: exclusive, perpetual, worldwide reproduction rights. Imagine! Studios reserves the right to use any images produced for the WORK, including but not limited to book cover and interior designs, for promotional purposes and in a portfolio or work. Original design files are not included in “rights” and may be purchased for a fee of 60% of the current design price.
Submission Acceptance—Imagine! Studios reserves the right, at its sole discretion, with notice to the CLIENT, not to accept a submission upon review and return to the CLIENT the manuscript and any other provided materials and fees paid if the WORK does not adhere to Imagine! Studios’ moral or quality standards.
Schedule—Imagine! Studios will provide a timeline for the WORK to the CLIENT and will make every effort to deliver the WORK within the timeline specified to the CLIENT. Times are estimated are with the understanding that original material from the CLIENT is provided to Imagine! Studios within the time specified and proofs are responded within 24 hours by the CLIENT. Every effort will be made to keep to the original timeline. The CLIENT will hold harmless Imagine! Studios, its affiliates and employees, for any deviation from the original timeline.
Payments and Fees—The CLIENT agrees to pay Imagine! Studios the quoted fee for the services ordered. Imagine Studios accepts the following forms payment in full: PayPal, Visa, MasterCard, Discover, personal check or cashier’s check made to Imagine Studios. Any returned or declined payments via debit, credit or check will be assessed a fee of $25 payable to Imagine Studios by the CLIENT in addition to any incurred bank fees. If any payment bounces, all work will halt on the WORK. Payment plans are available by credit card only and will be charged the same day each month until the balance is paid in full. A small administrative fee may apply for monthly payment plans. If any payment bounces, all work will halt on the WORK.
Cancellation—In the event of cancellation within 30 days of this agreement, postponement, or breach by the CLIENT, a cancellation fee for work completed, based on the price and expenses already incurred by Imagine! Studios will be paid by the CLIENT. A refund will be submitted to the CLIENT less these incurred fees. In the event of a cancellation of the WORK in payment plan status, the payment plan will be cancelled and no refund will be issued. Any services under this agreement not utilized by the CLIENT within two years from the acceptance date shall be cancelled and no refund will be issued. Upon cancellation, Imagine! Studios shall retain ownership of copyright and original files, and the CLIENT shall return all copies and permanently delete all digital copies thereof.
Revisions—Revisions on book cover design, interior formatting, and promotional materials are limited to basic text, color, and layout revisions. The manuscript is expected to be edited prior to interior formatting. An excessive amount of typos may constitute an additional per-hour fee, payable to Imagine! Studios. Revisions are not complete re-designs. Re-designs and additional revisions beyond the number included are payable by the CLIENT at the current billable rate, minimum one half-hour.
Permissions and Releases—The CLIENT agrees to indemnify and hold Imagine! Studios 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 in writing or for which uses exceed the uses allowed pursuant to a permission or release.
Warranty—Imagine! Studios warrants and represents that, to the best of their knowledge, any material it creates for the WORK is original and has not been previously published, or that consent to use has been obtained; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that the consent to use has been obtained; that Imagine! Studios has full authority to make this agreement; and that the material prepared by Imagine! Studios does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the CLIENT or others may make of the WORK that may infringe on the rights of others. The CLIENT expressly agrees that it will hold Imagine! Studios harmless for all liability caused by the CLIENT’s use of any portion of the WORK to the extent such use infringes on the rights of others.
Term and Fulfillment of Agreement—At the fulfillment of this agreement, information, including usernames and passwords, for all accounts created on behalf of the CLIENT will be delivered to the CLIENT. After the printer back-office and sales training, all responsibilities for the WORK are transferred to the CLIENT. Printer back office training will take place after any payment plan fees are paid to Imagine! Studios in full. The WORK will not be submitted for publication until the appropriate fees are paid in full or the payment plan is completed. Fulfillment of Copyright and Library of Congress registration may not take place until after the other terms of the agreement are fulfilled.
Non-compete—The CLIENT agrees to not give away, sell, rent or otherwise share any information disclosed in the program, including information disclosed in consulting or any other program materials without permission of an Imagine! Studios executive. The CLIENT does have permission to share information from the printer back office training with any employees or staff members.
Limitation of Liability—The CLIENT agrees that it will not hold Imagine! Studios or their agents or employees liable for any incidental or consequential damages that arise from Imagine! Studios’s failure to perform any aspect of the WORK in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Imagine! Studios or a third party.
Indemnification—The CLIENT agrees to indemnify and hold harmless Imagine! Studios or its “AFFILIATES” from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from the result of Imagine! Studios assisting the CLIENT in publication of the WORK. All representations, warranties and indemnities made by the CLIENT herein will survive termination of this agreement. “AFFILIATES” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys accountants and any other person or entity to whom Imagine! Studios extends its representations and warranties to in connection with the production, dissemination or transmission of the WORK. In defending any such claim, action or proceeding, Imagine! Studios shall have the right to defend with attorneys of its own selection against the CLIENT or the offending parties and any attorney fees or court fees incurred will be paid by the CLIENT.
Dispute Resolution—Any disputes in excess of $10,000 arising out of this agreement shall be submitted to mediation. If mediation is not successful in resolving the dispute, the parties may by mutual consent submit the dispute to binding arbitration. The arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Imagine! Studios. A waiver of a breach of any of the provisions of this agreement shall not be construed as a 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 Florida and courts of such State shall have exclusive jurisdiction and venue.
General Provisions—If any term of this agreement is unenforceable, this agreement will still remain in full force and effect and such term will be deemed deleted only to such extent as is necessary to make it enforceable. This agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the CLIENT may authorize expenses or revisions orally or in writing. No modification or amendment will be valid unless made in writing by Imagine! Studios.
Amendments—Imagine! Studios reserves the right to amend this agreement at any time during the term the CLIENT is under this agreement. Imagine! Studios will give written notice to the CLIENT within 30 days of amendment of this agreement. This agreement replaces any former agreements between Imagine! Studios and the CLIENT.
Acceptance of Terms—By submitting an order for services and a payment to Imagine! Studios, the CLIENT agrees to all terms and conditions in this agreement.
Revised June 30, 2020