contract question

[Julie Ann Shapiro]

A publisher accepted my book for publication. The terms of the contract are for five years. During this time they require exclusive electronic rights. This isn't a problem. I don't think. What really concerns me is this clause:

"If the contract ends without the mutual consent of the Author and Publisher before the full term of the contract is complete, and the
Publisher is willing to continue the contract to full term, the Publisher will invoice the Author in the amount of $500.00 USD for editing
fees and $350.00 USD for cover art fees. The Author will promptly pay to the Publisher the full amount without prejudice within 30
days of receiving the said invoice. The Publisher has the sole right to waive the above fees and can do so through written notice only."

And yet they are not a vanity press.

[Julie Ann Shapiro]

This is only for early termination. Is this reasonable? I've asked the publication for clarication.
Julie

[Jon F. Baxley]

Julie:

Run, don't walk, to the nearest exit. That clause borders on extortion. I've never seen/heard of such a clause in a contract. If they get away with that, they are guaranteed to make $850 off of you whether they sell a single book or not. In fact, with that kind of clause in your contract, you'd almost be better off WITH a vanity publisher. Remember, in the book business, the money flows TO the authors, not from them.

Good luck.

Jon Baxley

[Marta Stephens]

You're smart to question it and the fact that you are should tell you to not accept it.

[Julie Ann Shapiro]

Thanks Everyone. I'll see if I can get that clause removed.

[Julie Ann Shapiro]

Otherwise I'll run.

[Michael Ritter]

DO NOT sign that contact! I have one that is renewed by mutual consent every year, and I hold the copyright to everything I write. My publisher paid for the editing ( I made the artwork for the cover myself), distribution, and we split marketing costs. ANYONE who asks you for money - Run, Lola, Run!

[Charlotte Boyett-Compo]

Run, don't walk, and find yourself another publisher, dear. If they charge you for ANYTHING, they're vanity no matter what they say.

[Schuyler Thorpe]

This is extortion, Julie. After 5 years on the payroll and the publishers wants you to reimburse them???

Even if you don't fulfill the contract terms, you aren't liable for anything! The publisher takes care of the cover art and the editing. You don't!

If you have to cut things early, you aren't responsible for anything! The publisher takes the loss.

My advice--strongly--is to decline this contract based on this and this alone.

[Joy Calderwood]

Who is the publisher? It sounds like PublishAmerica. Stop. Before you find yourself one of the writers telling horror stories.
The AbsoluteWrite message board has a whole section devoted to them.
http://www.absolutewrite.com/forums/forumdisplay.php?f=115

In any case, the company offering this contract is certainly not legit.

[Melissa Schroeder]

Be very wary of any extra clauses and if the publisher gets touchy about, it means they are trying to pull something over on you. There have been times I have questioned publishers about clauses, options, etc. They either get rid of it, explain the reasoning behind it, or I RUN.

[Julie Ann Shapiro]

I don't want to mention the publisher. I have since spoken to a prospective agent about them and one of their authors. They are very legit, but added this "weird" opt out clause to protect themselves. I know it doesn't sound good and I'm still weighing my options.

[Julie Ann Shapiro]

Hi Everyone,
The publisher has since eliminated the clause.
Julie