Kate Butler Enterprises Program 

Participation Agreement Terms and Conditions

DESCRIPTION OF PUBLISHING 

•  Client will have access to book publishing program and mentorship. 
•  Client will own copyright to book.  

PAYMENT 

Client’s investment to Kate Butler Books is for publishing program and client does not owe any royalties after the book is published. Client owns all royalties to book.  

Contractual Provisions 

The parties agree that the following provisions are incorporated into the Agreement to which it is included here. The parties agree that the terms of these Contractual Provisions prevail over  the terms of any other document. 

1. SCOPE. Client is expected to deliver the manuscript, all project copy, all project images and  any other materials to be included in the book project in a timely manner and in the required format. The reasonable timeframe requested is a response from the client within 30 days of the original request for book elements.  Kate Butler Books will handle all aspects of formatting, design, and assisting client with publishing the Book per deliverable agreement specifics. Client will hold all rights to their publishing account. 
2. PAYMENTS. Client’s investment is for publish program. Client owns all royalties to book.  All sales are final due to the immediate access to Intellectual Property client has access to upon enrollment.
3. COPYRIGHT OWNERSHIP. Client will obtain and hold the copyright in their submission to their Book. Kate Butler Books shall credit Client as the author of her Work within the Book and may use Client’s name, approved picture, likeness for advertising purposes or purposes of trade and marketing in connection with the Book in order to help with marketing and the launch of the book. 
4. MANNER OF PUBLICATION. Publishing is defined as the process of taking your body of work and making it available for sale for the public. Client agrees to submit and approve aspects of book publishing in a timely manner, responding to emails and requests within 30 days. This agreement is valid for one year, should the project exceed this timeframe approval must be in writing from both parties to continue and additional fees may apply for a contract extension. Client must be in good financial standing and payments complete for publishing and final files to be complete. No changes are permitted from the client once the client gives final approval of the book. Client decides on the best platform to be published for their book goals. 
5. WARRANTIES AND INDEMNITIES. Client represents and warrants that: they are free to enter into this Agreement; the Work is original or all necessary permissions and releases have been  obtained and paid for; and no intellectual property rights have been infringed upon or other  laws violated. Client agrees to indemnify Kate Butler Books for any loss, liability or expense resulting from the actual breach of these warranties. 
6. LIMITATION OF LIABILITY. In no event shall Kate Butler Books be liable for any  consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or  revenues or diminution in value, arising out of or relating to any breach of these terms,  whether or not the possibility of such damages has been disclosed in advance by client or could  have been reasonably foreseen, regardless of the legal or equitable theory (contract, tort or  otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or  other remedy of its essential purpose. In no event shall Kate Butler Books aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of  contract (including breach of warranty), tort (including negligence) or otherwise, exceed the total of amounts paid to Kate Butler Books for the publishing. 
7. NO PARTNERSHIP OR EMPLOYMENT. The parties are collaborating in the Publishing. This  Agreement does not create a partnership or an employment relationship.
8. CONFIDENTIALITY AND NON-COMPETE. Client agrees to keep confidential all materials,  treatments, story lines and intellectual property, marketing strategies and business plans and content within the publishing program disclosed by Kate Butler Books during the Publishing, and shall not disclose any such  information to any third party without prior written consent. Client has access to the Publishing Program through publishing time and for 30 days after publishing date, as long as the client is good standing financially and otherwise. 
9. ASSIGNMENT, ENTIRETY OF AGREEMENT, GOVERNING, JURISDICTION. This Agreement  cannot be assigned or transferred without the written consent of the other party. This  Agreement constitutes the entire agreement between the parties. No modification shall be  enforceable except in writing and signed by the parties. This Agreement shall be governed by  the laws of the state of New Jersey. 
10. SEVERABILITY. If any provision of this Agreement or the application thereof is held invalid,  the invalidity shall not affect other provisions or applications of this Agreement which can be  given effect without the invalid provisions or application, and to this end the provisions of this  Agreement are declared to be severable.