This agreement (hereafter, “Agreement”) is made between Upper Rubber Boot Books, whose address is P.O. Box 41232, Nashville TN 37204, (hereafter, “Publisher”), and you (hereafter, “Author”).

In recognition of a bargained-for exchange involving good and sufficient consideration, receipt of which by the parties is hereby acknowledged, the parties agree as follows:

1. Author’s Grant.
a) Author hereby grants and assigns non-exclusive rights to Publisher to publish and market the poem submitted by Author (hereafter, “Work”) in an anthology tentatively titled New Voices in Contemporary Poetry (hereafter, “Anthology”), in the English language, anywhere in the world. Author hereby agrees that Anthology may be published by Publisher in print and in readable (text) digital format including, but not limited to, the e-book formats of PDF, MOBI, and EPUB. This permission explicitly excludes motion picture, television, and video recording rights.
b) Author hereby grants permission for transcription of the Work into Braille, tape, talking, or an oversized type book in the event that the Anthology is selected for such transcription by a nonprofit organization for the handicapped.
d) Author agrees to provide proper and complete copyright information about the Work, and to provide information about the source of first, prior, and any subsequent publication(s) for proper credits.
e) Author shall retain all other rights to the Work not specified here.

2. Authors’ Warranties and Indemnities.
a) Author represents and warrants that he or she is the sole author of the Work, that the Work is original, and that no one has reserved the rights granted in this Agreement.
b) Author also represents, to the best of his or her knowledge, that the Work does not contain any libelous material, is not in violation of any rights of privacy or any other rights of third persons, and does not violate any existing common law or statutory copyrights. Author hereby agrees to indemnify Publisher against any judgment(s) or settlement(s), including any attorney’s fees, incurred by Publisher as a result of any legal actions taken against Publisher and involving the Work. These actions may include, but are not limited to, libel, plagiarism and/or invasion of privacy. In the event Publisher chooses to defend itself against any such claim, demand, action, suit or proceeding, Publisher shall have the sole right to select counsel. Author may at his or her own cost and expense select separate counsel to act on his or her behalf.
c) These warranties, representations and indemnities shall survive the termination of this Agreement.

3. Payments and Royalties.
a) Publisher hereby agrees to provide one (1) free copy of the Anthology in PDF format to Author within thirty (30) days of publication.
b) Publisher shall pay no royalties to Author from sales of Anthology.
d) Author may request Publisher to provide free review or promotional copies to any media outlet, with Publisher reserving the right to, in Publisher’s sole discretion, approve or deny any such request.

4. Publisher agrees to make reasonable efforts to notify Author in advance of any minor (grammatical and spelling) editorial changes in title and/or text of the Work, and to secure the Author’s approval for any such changes whenever possible. Author agrees that such approval will not be unreasonably withheld. Author additionally agrees that Publisher’s failure to secure such approval shall not be considered a breach of this Agreement, so long as Publisher provides proper notification to Author and has waited a reasonable amount of time (i.e. thirty days or more) after notification to publish the Work.

5. Author agrees to return any galley proof or page proof of Anthology with corrections in not more than thirty (30) days from receipt thereof, and that failure to return proofs or reply to emails may be regarded by Publisher as equivalent to a lack of changes or corrections in such proofs. Author agrees that any galley proofs provided from Publisher to Author under this section may be provided to Author by e-mail.

7. Author hereby agrees that Publisher shall have sole and complete copyright in the derivative work of the Anthology, and shall be considered the sole author of that derivative work. Author hereby agrees that Author has no interest, explicit or implicit, in the derivative work copyright in the Anthology, and is due no share of any royalties paid to Publisher for exploitation of said copyright.

8. Miscellaneous.
a) Whenever the context requires, the gender of any word used in this Agreement includes the masculine, feminine, or neuter, and the number of any word includes the singular or plural. All references to articles and sections refer to articles and sections of this Agreement, and all references to annexes are to annexes attached hereto, each of which is made a part hereof for all purposes.
b) This Agreement constitutes the entire agreement between Author and Publisher with respect to the subject matter hereof and supersedes all prior agreements, express or implied, oral or written, with respect thereto. The express terms of this Agreement control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof.
c) This Agreement shall be governed by and interpreted and enforced in accordance with the substantive laws of the State of Tennessee (including, without limitation, provisions concerting limitations of actions), without reference to the conflicts of laws and rules of that or any other jurisdiction, except that federal law shall also apply to the extent relevant.
d) Both parties hereby agree that any actions taken under this agreement are to be litigated in the state courts of Davidson County, Tennessee. In addition, both parties hereby agree that should any portion of this agreement be litigated in the courts of the United States federal government, both parties shall litigate said issue in the United States District Court for the Middle Tennessee District.
e) If any provision of this Agreement or the application thereof to any person of circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to the other persons or circumstances shall not be affected thereby and that provision shall be enforced to the greatest extent permitted by law.