The following TERMS OF USE (herein the “Agreement”) is made and effective on the date the writer in question has registered for their respective collaborative author project with LeadHer Publishing and the Lead Author for the respective project.

BETWEEN:

The project Lead Author (Herein the “Lead Author”)

and

The contributing author (Herein the “Co-Author”)

and

COURTNEY ST. CROIX O/A LEADHER PUBLISHING, in the Township of Port Severn in the Province of Ontario (the “Publisher”)

RECITALS:

1. WHEREAS Publisher is in the business of providing publishing services through a collaborative approach to publishing book or journal content. 

1. AND WHEREAS Client desires to retain Publisher to provide those services outlined in Schedule “A” hereto (the “Services”) upon the terms and conditions hereinafter set forth.

NOW THEREFORE THE PARTIES agree as follows:

TERM OF AGREEMENT

1. This Agreement shall take effect as of the date first written above and shall run until the Completion Date as defined herein (the “Term”), unless terminated earlier, in accordance with the provisions contained herein. 

COMMUNICATION AND COMMUNICATION BOUNDARIES

The Lead Author is the lead contact person for all communication with the Co-Author. The primary method of communication between the Lead Author and Co-Author will be identified upon commencement of the project and explained in detail by the Lead Author depending on their preferences for communication. Co-Author meetings shall be scheduled on an as-needed basis at the option of the Lead Author, using a video conferencing platform (e.g. Zoom or Google Meet). The Lead Author and Co-Author agree that they shall undertake such steps as may be necessary to utilize any communication platforms, and acknowledges that are able  to create a free account with "Loom" and respond to videos if they wish.

The Publisher’s office hours are Monday through Thursday, 10:00 am to 4:00 pm EST. The Publisher observes all Canadian Statutory holidays and the office will be closed on such dates. The Publisher is generally unavailable on weekends and will not typically send or respond to emails during such times. The Lead Author may function under different hours than the above listed.

Should the Lead Author receive any questions about the Co-Author Project outside regular business hours, they will respond to the inquiry within 24 hours upon returning to regular work hours. The Co-Author should not continually bombard the Lead Author with the same question if they are asking the question during non-working hours.

Social Media is not an acceptable place to ask project questions. The Lead Author will provide their preference for communication during the welcome call. Should the Co-Author need to contact The Lead Author they will do so via email correspondence and NOT through Social Media.

The Co-Author's primary point of contact is the Lead Author. The Co-Author should do their due diligence to find information previously provided before asking questions about the project that have previously been answered.

CO-AUTHOR FEES

In consideration of the Services provided over the Term of the Agreement, the Co-Author shall pay those fees outlined per the registration process (the “Fees”), payable either in full, at the date of this Agreement, or within a pre-determined and approved multiple-payment schedule. Payment due by the Co-Author shall be remitted to the Lead author.

The Lead Author must receive first payment, either in full or the first payment of the pre-determined payment plan within two (2) weeks of the Date of this Agreement in order for the Co-Author to have a reserved space in the project.

The Lead Author is responsible for making all required payments to the Publisher and indemnifies the Co-Authors concerning payment of same.

The payment is non-refundable.

TIMELINES AND MILESTONES

The collaboration between Lead Author, the Co-Author and the Publisher shall begin upon mutual agreement of project alignment followed by payment of at least the first instalment of the Lead Author/Co-Author Investment Fee, or pay-in-full option per Lead Author/Co-Author’s choice. The collaboration will be in effect until the full project has officially been launched and published on the KDP/Amazon platform.

The Term is between 9 and 12 months. In some cases, the Term may be extended due to unforeseen circumstances. The Publisher is not responsible for the project length increasing and will do so as required based on the circumstances of the current project. Publishing is a complex industry with varying deadlines and extensions.

The Lead Author will submit general timelines for chapter submissions and is available for guidance and support throughout the writing process. The Lead Author/Co-Author are responsible for submitting their chapter of minimum 2000 words maximum 3000 words by the agreed-upon deadline for submissions to the Lead Author who will then submit content to The Publisher.

PROMOTION

The Lead Author and the Co-Author are equally responsible for promotion, marketing, and advertising of the project, especially in anticipation of the project launch date. The Lead Author/Co-Author should be active on at least one social platform in order to execute adequate marketing techniques with provided material as well as their own user-generated content pertaining to the launch of the project.

SUBMISSION DEADLINES

The Publisher will give The Lead Author/Co-Author a minimum of three (3) months notice prior to the final submission deadline. In order for publishing to stay on time, all Co-Authors involved in the project MUST submit their chapter by the final submission date. The Publisher may extend a courtesy 15-day extension IF REQUESTED IN ADVANCE BY the Co-Author. All extension requests should be submitted to the Lead Author in writing first. Extensions are not guaranteed and if the final deadline is missed the Publisher has the right to move forward with publishing procedures without the Co-Author's work and will not be required to submit refunds on prior payments due to the Co-Author's failure to comply with timelines. The Co-Author is always encouraged to communicate in advance with the Lead Author regarding any unforeseen circumstances that may affect submission deadlines being hit. 

Submission will occur through a provided online link and the Co-Author is responsible for finding support for technology-related issues or roadblocks should there be any issue with submission. The Publisher and Lead Author are not responsible for adjusting systems and processes in lieu of the Co-Author's technology skill level.

PHOTOS

The Lead Author/Co-Author will agree to submit at least one (1) high resolution individual photo to be used for marketing, promotion, and inside the book to begin the Co-Author’s chapter section. Preferably this will be a professionally taken photo within the last 1-2 years. The Co-Author will also be responsible for completing any information forms required for the project. If the Co-Author does not complete the forms by the required deadline, their photo(s) may not be included in initial marketing.

PUBLISHED WORK

The Co-Author’s name will appear on the cover of the published work, along with the Lead Author. The Co-Author may be on the front and back cover together, only the front cover, or only the back cover. It will depend on the cover design and is at sole discretion of the Publisher and the Lead Author.

RIGHTS

Once submitted to the Publisher, the contributed chapter will become property of LEADHER PUBLISHING and the intellectual property rights to the book are owned by the Publisher and the Lead Author. The Co-Author may not re-print or re-publish this work without advanced written permission and consent from the Publisher.

*Updated March 20, 2024:
As of March 20, 2024, co-authors may utilize their submitted chapter content in any way they see fit. This includes their work in full or excerpts from their chapter, in their own print or digital publications and/or on platforms they do not own but are invited to share work in. (Blogs, websites, etc.) Co-authors do not need written permission or consent from the Publisher in order to do so, and they retain the IP rights to their individual chapter. Co-authors are not eligible to utilize the content from any other chapters inside the collective book, only the written work they provide on behalf of themselves.

REVENUE/ROYALTIES

Co-authors do not receive revenue from book sales on Amazon. Co-Authors have the option of generating their own revenue by purchasing copies at wholesale and selling them at retail.

There is no maximum or minimum amount of wholesale book purchases required to make for sale by each individual Co-Author; each Co-Author is able to choose whether they wish to sell their books after the launch period. Co-Authors are welcome to manage their own book sales, or alternatively, opt out of selling books altogether; it is never a mandatory aspect of the experience and selling (or not) is always their prerogative. 

The Lead Author will own rights to the entire work and any collected revenue from KDP/amazon.com will remain with Lead Author. The Co-Author has the opportunity to create a potential consistent revenue stream through sales of wholesale books and digital e-book that can be posted on personal websites and landing pages, sold in local book stores, sold at events through vendor-ship, etc. 

The Co-Author is responsible for purchasing their own inventory through the Lead Author when applicable. Copies can be ordered anytime and in bulk packs of 10. Co-authors would then re-sell the books at a price of their choosing; preferably this is equal to the cost of the product on KDP/Amazon but the Co-Author is welcome to choose their own pricing schedule. Profit margins are anticipated to be between $12-15 on books sold through the inventory model, but profit margins will depend on the individual Co-Author selling rate. No minimum is required and the Co-Author can order or purchase copies of their own at any time in any amount. Requests must be made with at least 30 days notice prior to any event/specific date required, to account for shipping times. The Co-Author will be required to pay invoicing for inventory purchased immediately upon placing the order.

LAUNCH PROCEDURES

Projects will be reviewed and re-assessed occasionally and the launch plan for each book will be unique to the project in question. The launch phase typically lasts between 2-4 weeks and during this time the Lead Author and the Co-Author (and entire team of authors) will collectively promote and share about the book’s purpose and availability. The launch plan for the book will be communicated in advance of the anticipate launch date for scheduling purposes. Books may be launched on Amazon via e-book/digital version, paperback, one version vs. the other, or both at the same time. 

The Lead Author and the Publisher reserve the right to design a launch plan that best suits project goals and circumstances on a case by case basis. Co-authors will be notified of the launch plan and execution during the project and will also be notified which version of the book will be launched first. 

Guidelines for launch procedures, involvement, responsibilities and promotion will be explained and a plan for execution will be suggested. Each Co-Author is encouraged to participate in the launch to the best of their ability during the launch kickoff phase (2-4 weeks) of the project. Participation includes but is not limited to: attending launch preparation meeting(s) and/or reviewing material for launch preparation, sharing images and/or videos on social media platforms, and sharing via additional methods of marketing available (email lists, in person events, friends and family, etc.) The purpose of the launch is to generate traction, interest, and exposure for the book’s availability, and launching collectively should help the book rank on Amazon’s top 100 charts, further benefiting the exposure of the material. The Co-Author is not required to continually promote the book once the kickoff phase has concluded, however they are encouraged to build promotion of their book into their marketing in future.

REFUNDS

Funds paid to the Lead Author for the Co-Author seat are not eligible for refunds, unless the project is terminated at the sole decision of the Lead Author or the Publisher. Once collaboration is commenced with an upcoming project, investments in both the Lead Author and the Publisher's time and capital begin for services and contract work related to the project. 

Should the project be stopped for any reason initiated by the Lead Author or the Publisher, any outstanding payments/recurring payments will be immediately refunded. If a project is terminated without completion, the Lead Author would be entitled to stop payments for remaining payments and a refund on previously paid payments UNLESS contractual work had already begun on the project, in which case the cost of the contractual work would be deducted from the collected payments and a refund would be given according to the calculated total remaining. 

Any refunds from the Publisher will be paid directly to the Lead Author and it will be the responsibility of the Lead Author to refund the Co-Authors their full fee inclusive of HST or their respective share of the refund if contractual work is paid for to the Publisher.

PROFESSIONALISM

The Co-Author shall act in a professional way at all times when speaking about the Publisher, the Lead Author and their affiliation with the project whenever promoting on social media or any other marketing platform. The Co-Author should execute confidentiality about the processes and procedures within LEADHER INC. / LEADHER PUBLISHING and should not share trade secrets or insider information to anyone unless written permission is granted by the Publisher.

Should the Co-Author have an issue, concern or question about services or coaching within the project deliverables, the Co-Author should reach out to Lead Author directly to resolve the challenge privately.

SERVICES RENDERED

Each collaborative project includes all services required to take a project from written documents to fully published product. This includes, but is not limited to: editing services, proofreading services, design and layout services, typesetting, cover design, photo editing, font and other asset purchases, contracted time, assistant fees, licensing, ISBN acquisition, marketing, promotion, and creative direction. The Co-Author is only responsible for paying their Co-Author Investment and submitting their chapter on time; the lead author is responsible for all other processes and costs.

TERMINATION

Either party may terminate this Agreement, effective immediately for cause, without advance notice or payment in lieu of such notice. Without restricting the generality of the foregoing, “cause” includes a material breach of the provisions of this Agreement, where such breach is incapable of cure, or with respect to a material breach capable of cure, where the breaching party does not cure such breach within ten (10) days after receipt of written notice of such breach. The Lead Author and Co-Author shall pay the Publisher for any Services completed up to and including the effective date of such termination. The Publisher shall invoice the Lead Author and Co-Author for any payment due, and payment will be due immediately upon receipt.

In the event that the Lead Author and Co-Author would like to cease the Services at any time during the Term of the Agreement, the Publisher is not responsible for issuing any refunds of payments submitted up to the time of the termination request. Refunds are not offered and not eligible under any circumstances.

The Publisher will not issue refunds for a “change of mind”. Refunds will be reviewed on a case-by-case basis, but will not be granted simply because the Co-Author has decided they no longer wish to move forward. Payments may be stopped/ceased, but pre-existing deposits will not be returned.

INDEMNIFICATION

The Lead Author and Co-Author shall indemnify, defend and save the Publisher harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, the Publisher's services, pertaining to any and all litigation in which the Lead Author and Co-Author is a party. The Lead Author and Co-Author shall pay all expenses incurred by the Publisher including, but not limited to, all attorneys' fees, costs and expenses incurred should Publisher be named a party in any litigation to which the Lead Author and Co-Author is a party. The Lead Author and Co-Author shall further indemnify and hold harmless the Publisher and its agents, officers, and directors from liability for any and all claims, costs, suits, and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of the Lead Author and Co-Author, and from liability for injuries suffered by any person relating to the Lead Author and Co-Author. This agreement to indemnify the Publisher is not limited to any acts or omissions, statements, or representations made by the Publisher in the performance and/or nonperformance of the Publisher's duties here under and relating to all contractual liabilities, which may be alleged or imposed against the Publisher. In the absence of negligence, however, the Publisher will not be held liable for loss, destruction, or damage of any kind resulting from items that are lost or delayed in transit, whether such transit is electronic, fax, mail, or otherwise, not for unauthorized use by others of such property. The Publisher will not be held liable for any incidental, consequential, or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, plagiarism, etc. The Publisher will not be held liable for typographical omissions or errors.

CONFIDENTIALITY

From time to time during the Term of this Agreement, either party (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party"), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 16; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy. For purposes of this Section 16 only, Receiving Party's Group shall mean the Receiving Party's affiliates and its or their employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, lawyers, accountants, and financial advisors.

EXPIRATION OR MODIFICATION 

The Agreement shall remain in effect for a period of twelve (12) months until the project is completed (which may surpass 12 months, depending on the scope of work) or until such time as one or the other party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If an agreement is reached, only a written instrument signed by both parties will modify or amend this Agreement.

MISCELLANEOUS 

ENTIRE AGREEMENT - This Agreement, including and together with any related Statement of Works, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.

SEVERABILITY - If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENUREMENT - This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective legal personal representatives, heirs, executors, administrators, successors and/or permitted assigns.

GOVERNING LAW - This Agreement, including all Schedules, schedules, attachments, and appendices attached to this Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and interpreted and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 

COUNTERPARTS - This Agreement may be signed in counterparts and each such counterparts shall constitute an original document and such counterparts, taken together, shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

INTERPRETATION -  For purposes of this Agreement, (a) the words "include", "includes", and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein", "hereof", "hereby", "hereto", and "hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to Sections, Schedules, Exhibits, and Statements of Work refer to the Sections of, and Schedules, Exhibits, and Statements of Work attached to this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Schedules, Exhibits and Statements of Work referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.

By registering for a Co-Author Seat within the respective project for which this agreement is relevant for, the Co-Author hereby agrees to the above Terms of Use.

Confirmation of your payment through the Lead Author’s website confirms your agreement to these terms.

The Publisher reserves the right to amend and update the Terms & Conditions as the company evolves and changes occur to existing platforms and processes within the scope of publishing.

To view general site/Company Terms & Conditions, click here.

Updated 03/2023