Note: This template agreement governs the Full Flight publishing and distribution service. It must be completed, signed and returned before your Full Flight service begins. Contact info@wildheartspublishing.com.au to receive your personalised agreement.
1. What we provide
Under the Full Flight service we provide the publishing and distribution services described in the Schedule, which may include production, formatting, ISBN allocation, listing and distribution of your work to retail and distribution platforms (which may include Amazon, IngramSpark, Apple Books and others), and the related support described on our website or in the Schedule.
2. Your rights in the work
You retain ownership of the copyright and all other intellectual property rights in your work. You grant us a non-exclusive licence to reproduce, format, publish, distribute and promote the work through the channels set out in the Schedule, for the term of this Agreement, solely to provide the services. We claim no ownership of your work.
3. ISBN and publisher of record
The Schedule records who purchases and holds the ISBN for the work.
- Author-owned ISBN: you purchase and hold the ISBN, you are the publisher of record, and we distribute on your behalf.
- WHP-provided ISBN: we purchase and allocate the ISBN, which means WHP may be shown as the publisher of record on certain listings. This does not affect your ownership of the copyright or your royalty entitlement, but it does mean the imprint shown is WHP.
Note: regardless of which option applies, you keep 100% of your copyright.
4. Production and approval
We will prepare the work for publication with due care and skill. You are responsible for providing the final approved manuscript and any required materials. You approve the final files before publication, and you remain responsible for the content of the work, including its accuracy and that it does not infringe any third party's rights.
5. Royalties and payment
Royalties and any fees are set out in the Schedule. Retail and distribution platforms pay their share to the party holding the publishing account, and we account to you for your share. We will pay you your share monthly within 30 days of receiving cleared funds, to the account you nominate. We will provide a statement showing units and amounts.
6. Your warranties and indemnity
You warrant that you own or control all rights in the work, that it is your original work (or you have all necessary permissions), that it does not infringe any person's copyright, moral rights, trade marks or other rights, and that it is not defamatory or unlawful. You indemnify us against any claim, loss, liability, cost or expense arising out of a breach of these warranties or any third party claim relating to the work.
7. AI-assisted production
Parts of our production and review process use artificial intelligence, including third party AI models, as described in our AI and Liability Disclaimer. AI output is provided to assist production and is not a guarantee of quality, accuracy or commercial outcome.
8. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profits, loss of sales, loss of opportunity or loss of data arising out of or in connection with this Agreement. We do not guarantee any level of sales, ranking or revenue. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law.
9. Term and termination
This Agreement continues until ended by either party on 30 days' written notice, or immediately for a material breach not remedied within 14 days of notice. On termination, we will within a reasonable time take commercially reasonable steps to remove the work from the distribution channels we manage. Royalties earned before the work is delisted remain payable to you.
10. Author departure and continuity
If you end this Agreement, you may continue to publish and distribute the work elsewhere. Where WHP holds the ISBN, a new listing under your own or another ISBN may be required, which we will reasonably assist with.
11. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of this Agreement, except where disclosure is required by law.
12. Privacy
We handle personal information in accordance with our Privacy Policy.
13. General
Neither party is the other's employee, partner or agent. Variations must be in writing and signed. This Agreement and its Schedule are the entire agreement between the parties for the Full Flight service. Governing law: Australian Capital Territory.