every of the first. . . . . . . .. copies sold, and a royalty of. per cent. of the said price on each and every copy sold thereafter. 7. The Publisher shall render to the Author an account of sales every six months, commencing six months after the date of the first publication. The balance due to the Author shall be payable three months after the half-yearly account is rendered. 8. The Author may require an inspection of the Publisher's books every........ months after the account of sales has been rendered, and also at the termination of this agreement. On the Author demanding in writing an inspection, the Publisher shall forthwith permit any accountant nominated by the Author to examine all books and documents relating to the publication and sale of the book. 9. The Author shall indemnify the Publisher against all damage in consequence of the book (which is believed by both parties hereto to be innocent) being libelous or containing any infringement of copyright. 10. The Publisher shall cause the book to be copyrighted in the name of the Author. Subject to the provisions of this agreement, the whole right, title and interest in the manuscript and the copyright in the book when published shall remain in the Author, who shall be entitled to assign the same, together with his rights and obligations under this agreement. 11. The Publisher shall not assign the benefit of or delegate his obligations as a Publisher under this agreement, except that the whole agreement may be assigned to such person or persons as may succeed him in his business as Publisher. 12. If at any time the copies of the book in stock are reduced to.. copies or less, the Author may propose in writing to the Publisher that a new edition shall be published, and if the Publisher does not publish a new edition within.. months of such proposal, the Author may by notice in writing terminate this agreement. 13. If any in six months after the first six months from the date of publication the sale of the book does not exceed...... copies, either the Publisher or the Author may by notice in writing terminate this agreement. 14. If the Publisher shall at any time commit an act of bankruptcy, the Author may by notice in writing terminate this agreement. 15. In the event of this agreement being terminated, the copies of the book remaining in stock, and any plates, engravings, or other plant specially prepared for the production of the book shall at the option of the Author be taken over by him at a fair valuation, or, if he fails to exercise such option within .days after such termination, shall be sold by auction or otherwise, as the Publisher shall see fit. On such sale or valuation the Author shall be entitled to be credited with the royalties hereinbefore provided for according to the number of the copies which shall have been sold during the existence of this agreement. Author and Publisher-Another Form. Williston, Sections 413, 421, 841, 940, 1980. Publisher, and..... .hereinafter called the .hereinafter called the Author: 1. The Author agrees to prepare and deliver to the Publisher about.... ..a manuscript of..........to make about 1,000 regulation printed pages, including an index and introduction, to read and revise the proofs of said manuscript promptly upon their receipt from the printer and to return the same without delay. 2. The Author agrees that if the cost of the Author's alterations and corrections shall exceed ten per cent (10%) of the cost of printing, that the Publisher shall have the right to deduct the cost thereof, in excess of ten per cent (10%) from the consideration to be paid to the Author. 3. The Author agrees that he will protect and hold harmless the Publisher from any suit, judgment, claim or demand that may be instituted, obtained, made or suffered by the Publisher by reason of the infringement of any copyright resulting from the sale, delivery, or possession by the Publisher of the work covered by this agreement provided that the Publisher shall notify the Author of any such claim and shall allow the Author to defend the same. 4. The Publisher agrees to publish the said volume prepared by the Author or his said partners, as soon after the receipt of the manuscript as is practicable and agrees that it shall be called.... ...and agrees to pay the Author... . Dollars immediately upon the publication of the said book, in full payment for preparing the said book and for any and all right, title and interest of any description in and to said book. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. In presence of: (L. S.) (L. S.) Contract between Author and Publisher for Sale of Manuscript with Right to Copyright. Williston Sections 421, 841, 1940 and 1980. WHEREAS, the Author has written a book entitled.. which book has never been published and the Author is the sole owner of the manuscript thereof and of all right, title and interest therein. NOW, THEREFORE, the parties agree as follows: 1. The Author hereby grants to the Publisher the exclusive right to publish said book, and agrees that the Publisher shall be the sole owner of the copyright therein on publication. 2. The Author reserves to himself the sole right to translate, abridge, or dramatize the book. The Author agrees that he will not without the Publisher's consent publish any translation, abridgement, or dramatized version as a book. The Publisher agrees that the Author shall have the right to authorize the performance of any dramatized version of the book, and shall be the proprietor of the performing rights therein. 3. The Publisher agrees at his own expense and risk to publish said book in such style as he shall see fit, and agrees that the Author's name shall be conspicuously printed as Author on the title page of every copy of the book sold or published. The Publisher agrees to publish the book under the title .... and not in any way alter the literary matter contained in the book. 4. The Publisher agrees to submit to the Author for revision the proofs of the first edition of the book, and the Author agrees to carefully revise and correct the same promptly.l 5. In consideration of the premises the Publisher shall pay to the Author $. which shall be payable as follows: on the delivery of the manuscript; and $...... on publication. $..... EMPLOYMENT CONTRACTS MISCELLANEOUS Agreement for Services of Baseball Player. Williston, Sections 432 and 1450. Griffin v. Brooklyn Ball Club, 68 App. Div. 566, 73 N. Y. Supp. 864 (aff'd.) 174 N. Y. 535, 66 N. E. 1109. AGREEMENTM ade........between. .herein after referred to as the Employer, a club member of a league or association known as.. .. and... to as the Player. hereinafter referred 1. The Player, for the consideration hereinafter mentioned, hereby covenants and agrees to perform such duties pertaining to the exhibition of the game of base ball as may be required of him by the Employer or its assigns, at such times and places as the Employer or its assigns, may designate, for the period of ...months, commencing. ..and ending. The Player agrees not to perform such duties for any other person or corporation during said period, unless this contract be assigned as hereinafter prescribed in paragraph 14. 2. The Player agrees that he will yield a cheerful obedience to all directions that may be given to him by any officer, manager, or field captain of the Employer, or its assigns, and will hold himself subject to their orders at all times and places during the entire term of his employment. 3. The Player agrees that the Employer and its assigns, shall have the right, from time to time to establish such reasonable rules for the government of its players, at home or abroad, at all times during the continuance of this contract, as may be necessary and expedient, and to discipline, suspend without pay (for definite period), or to expel them, and that these powers shall not be limited to cases of dishonest play or open insubordination, but shall include the rights to discipline, suspend without pay (for a definite period), or expel players for carelessness, or indifference, lack of sound physical condition, or such other conduct, condition or circumstance, impairing their faithful and thorough performance of duties, or that may be prejudicial to the interests of the Employer, or its assigns, in any respect, of all of which the Employer, or its assigns, shall be the exclusive judge. The Player agrees, at all times, during the term of his employment as aforesaid, to subject himself to such rules and discipline, to keep himself in the best physical condition to play ball at home and elsewhere, during the playing season, as may be required of him, with the utmost of his skill and ability, to cheerfully obey all rules and regulations of the Employer, or its assigns, and at all times, during the continuance of this contract to absolutely refrain from late hours and from any excess or dissipation in eating, drinking or otherwise. 4. It is agreed that if the Player shall, at any time during the said term of his employment as aforesaid, without the written consent of Employer, or its assigns, leave the service, or perform service, or agree to perform, in the future, services for any other club or organization whatever, or if he shall be guilty of offering, agreeing, conspiring or attempting to lose any game of ball, or if he shall be interested in any pool or wager thereon, he may be expelled by the Employer, or its assigns, from its club. Or, if the Employer, or its assigns, shall so elect, it may institute and prosecute proceedings in any Court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this contract, or to enforce the specific performance thereof by the Employer or to enjoin the Player from performing services for any other person or organization, during the period of service herein contracted for, and nothing herein contained shall be construed to prevent such remedy in the Courts, in case of any breach of this agreement by the Player, as the Employer, or its assigns, may elect to invoke. |