Terms of Service

Preamble:

 

Brian Tracy Publishing, building on the legacy of the esteemed author, specializes in the conceptualization, writing, publishing, logistics, and marketing of books for a diverse set of authors. As the publishing landscape evolves, so does our bouquet of services. We now provide authors with a comprehensive book agency service and offer the distinct opportunity to co-author with Brian Tracy himself.

With this understanding, the parties agree as follows:

 

1) Contract Subject:

 

  1. The essence of this contract centers around the provision of book agency services by Brian Tracy Publishing. Each author, under this agreement, has the option to pen their work independently or to co-write with Brian Tracy, depending on their chosen package.
  2. In cases where Brian Tracy acts as a co-author, Brian Tracy Publishing retains a veto right concerning the content, title, and design of the book.

 

2) Title Selection:

 

  1. The title of the book is at the sole discretion of the author. However, when the book is a co-authored project with Brian Tracy, Brian Tracy Publishing holds the right to veto the chosen title.

 

3) Right Granting:

 

  1. All rights to the published work are accorded to the author. The author is free to print an unlimited number of copies of their work without any restrictions.
  2. The co-author must not have committed any criminal activities in the past. The co-author must inform the contractor in advance about any past criminal activities. Concealing such activities, which are subsequently uncovered, may lead to exclusion from the project without reimbursement of costs. The costs will be retained as damages.

 

4) Content:

 

  1. While the content isn't strictly limited to business-oriented topics, it should adhere to general publishing standards and avoid sensitive or controversial subjects. Brian Tracy Publishing holds the right to veto any content when the book is co-authored with Brian Tracy.

 

5) Reprints and New Editions:

 

  1. The publisher is entitled to produce reprints of the work as often as he considers it necessary.
  2. If the work is to be published in a new edition, the publisher will inform the co-author in good time and send him a specimen copy for his perusal.
  3. The co-author is entitled to revise the work for the new edition. If he doesn't make use of this right within a reasonable period of time set by the publisher, the publisher may publish the new edition unchanged or, if a revision is objectively necessary, commission a third party to do so after notifying the co-author.
  4. For the new edition, too, the terms of this contract apply accordingly, especially concerning the granting of rights and the honorarium.

 

6) Liability:

 

  1. The co-author assures that he is the sole author of the work submitted, that it is free from third-party rights, and that no personal rights or other rights of third parties are violated by its exploitation.
  2. If the publisher is held liable by third parties due to an infringement of rights, the co-author shall indemnify the publisher from all claims.
  3. The co-author shall reimburse the publisher for all necessary expenses and costs that arise from the defense against third-party claims.

 

7). Termination:

 

  1. The contract may be terminated by either party for good cause. A good cause for termination by the publisher, in particular, exists if the co-author does not deliver the agreed work or parts thereof within the stipulated deadline, or if the co-author violates any provisions of this agreement.
  2. Upon termination of the contract, rights already granted to third parties remain unaffected.

 

8). Confidentiality:

 

  1. Both parties commit to maintaining the confidentiality of all business and operational processes, information, and documentation of the other party that becomes known to them, even beyond the duration of this contract.

 

9). Warranty, Plagiarism:

 

  1. Co-authors must inform the publisher in writing about potential legal infringements in the work.
  2. If properly informed, the publisher bears the legal defense costs.
  3. Co-author ensures their work doesn’t infringe third-party rights.
  4. Co-author states they solely own the rights to the work and haven't/won't act contrary to the agreement.

 

10). Utilization of Ancillary Rights:

 

  1. The publisher has no obligation concerning the exploitation of ancillary rights.
  2. Co-author doesn't receive a share if the publisher profits from ancillary rights, whether they're exercised for payment or free of charge.

11). Reissues:

 

  1. Publisher informs co-author about reissues, expecting an updated manuscript if needed.
  2. If the co-author is unavailable or non-compliant, the publisher can get third-party assistance for edits.
  3. Major changes require the publisher's consent.
  4. Fee adjustments are made for reissues based on new editor's involvement and publisher's entitlements.

 

12). Reviews:

 

  1. Publisher will periodically send work reviews to the co-author.

 

13). Copyright Notice, Author Attribution:

 

  1. The publisher must identify the co-author as the work's author and ensure third parties do the same.
  2. Any third-party editing or new edition involvement will be appropriately marked, with the co-author agreeing to such naming.
  3. The work must include a World Copyright Convention compliant copyright notice.

 

14). Guarantee Terms and Conditions:

Our Double Your Investment Guarantee is contingent upon the co-authors active participation and implementation of our guidance. To qualify for this guarantee, the co-author must:

  1. Attend each monthly co-author call and actively participate by asking at least one question, specifically addressing the co-authors current main hurdle.
  2. Implement all action recommendations provided during the calls, consultations, and other coaching sessions as outlined in the co-author program.

If the guarantee is not met, the co-author will receive continued support through the monthly coaching calls until the promised ROI is achieved. Failure to meet these conditions may void the guarantee.

 

14). Death of the Co-Author:

 

  1. Publisher's obligations are directed towards the proven heir upon the co-author's death.
  2. If the co-author passes away before completing the manuscript, the publisher has certain rights and obligations concerning the manuscript and potential remuneration.
  3. If there are multiple co-authors, and one dies, the publisher has specific rights.

 

15). Final Provisions:

 

  1. The co-author must notify the publisher of any address changes.
  2. All amendments to this agreement must be in writing.
  3. Invalid or ineffective provisions don't affect the rest of the contract.
  4. All liabilities' place of performance is the publisher's agent's registered office in Dubai, UAE.