Thread by @LitAgentKelly

Hey authors, I’m slightly fuming right now at the way some of you have been treated, so I wanted to post a thread based on red flags you can spot in contracts. This is made to make you aware of some things I believe should be negotiated out of contracts or walked away from. But

the ultimate choice is up to you. This thread by no means is to put down differences in contracts for different agencies, but it should allow you to spot some warning signs in advance and enable you to ask an agent or professional about them and get answers. So, here goes...

1. And one I’m sure you all have heard before: Dont sign anything that makes you pay a reading fee. That’s complete and total crap. We as agents shouldn’t be getting paid unless you’re getting paid. We get a percentage for a reason.

2. Walk away immediately from any agency that says they will charge you money and/or fine you for not responding or not doing something for them in a timely manner. I can’t believe I even have to say this, but this is one of the most unethical clauses I’ve ever seen.

Not to be topped, of course, by 3. Walk away from any contract that says the agency has a right to charge you for any expenses they may or may not have paid in order to get you a deal/published. This is more worrisome if it includes that this payment can be raised without author

Consent. So you would now have to pay any money to an agent, if they so wish to charge you, for the cost of getting you published. Could be their phone bill, their train ticket to NYC, the lunch they had with an editor, the scanner they just bought to scan pages to said editor...

“Oh, I live in Mordor, and I’m going to fly to NYC to try and get your book published by meeting with editors, and it will all be in your dime if I want it to be, so expect an expenses bill from me in 15 days. Oh...you also only have 30 days to pay me the money in full...” 😳😳😳

4. If there is no written way to terminate the contract, negotiate that in. If they don’t have instructions and a clause for termination of contract, you better start negotiating those terms immediately. Look at industry standards, do your research, and request a rewrite that’s

Within reason. Because otherwise, if there’s no way to terminate that contract...how the heck are you getting out of it if it doesn’t work out?!

5. If there’s no clause stating the terms after termination of agreement, negotiate that in. It may have a wait/holding time that you can’t pitch or that you can’t sell the manuscript in X amount of time from contract termination (agencies vary greatly in this clause), but make

Sure that it has SOMETHING so that you know what you’re getting into. And make sure that somewhere in that contract it states that once termination has happened, they no longer have the right to sell your manuscript without YOUR CONSENT to ANYONE.

6. If at any time in that contract, it specifically states that an agent has the right to sell your manuscript without your consent, OR if it has writing saying that the rights to sell this manuscript will remain theirs for X amount of years after termination of this agreement...

Run. Run far, far, far away. (Side note: if you sell a manuscript with an agent at that agency, the rights will still be theirs for a possible amount of time and they will usually remain the agency of record. This is for unpublished/not sold manuscripts).

Alright, I think I’m done my ranting for now, but I’m sure I’ll find more. I also fully welcome any other industry professionals to add things they don’t believe should be in contracts too. Thanks for listening, and I hope this helps some people. ❤️

Also, please remember that if you don’t feel comfortable with a contract, ask questions to the agent, their boss, your friends, other industry professionals you trust, etc.. you’re not alone, and sometimes it becomes something you’re comfortable with, and sometimes it becomes

Something you need to have a conversation about. Some things you can negotiate, some things you can’t. But if you don’t feel comfortable after asking questions and DOING RESEARCH, then remember that you have the power to WALK AWAY and not sign that contract. YOU. HAVE. POWER.

Add on for lucky number 7. If the contract states that the agency/agent receives the first X amount of money that you receive from any publisher, and once you’ve paid that amount of money, they then recede their percentage to 15% hereafter...no...just no...there’s nothing they’re

Doing where this is okay. We receive money when you receive money. We both get paid for our work in this. We don’t get to keep the first $100, $500, $1,000, $10,000 You make and then say, “okay, now we can go down to industry standard for any money after this.” Just...NO!!!!!

I will add a quick note that this, however, is how advances can work in publishing. This is called “earning out” your advance to your publisher. Your agent should not be “earning out” your money because you shouldn’t be paying you anything, and they should not be paying you

Anything. The money you receive and your agent receives should come from the publisher, not each other...just sayin’...

Wow, this thread blew up in a way I didn’t expect. Remember that there are organizations that will help you look over an agency contract for free. If you get a lawyer to look it over, make sure they’re WELL VERSED in the publishing industry. Remember all agents and agencies are

Very different, so make sure you find one that’s the right fit for you. Any agency that’s worth their stuff will be aware of all of these contractual red flags and have not have a problem with them in their contracts. Just find the one that’s right for you. :)

And not have a problem with them* blech...stupid twitter and their no edit button...

Another add-on to this, many agencies WILL PUT that they have rights to your manuscript for X amount of days after termination (usually anywhere from 30-90) and this is basically a compromise on both sides of the contract. First, It’s allowing for trust between the agent and

Author because this is a clause for when things go WRONG. If an agent sells your book and then you just turn around and say “eh, I don’t need you anymore and I’m terminating my contract immediately,” then the agent doesn’t get paid. This clause makes sure the agent/agency gets

Paid their due money in advances before you leave and that they retain rights as the agency of record. It also is saying that if we have a bunch of submissions out to editors for you and you terminate, we technically have the right to ask for your consent if someone makes an

Offer. It’s a clause that some agencies have that’s meant to build trust in your agent and trust that your client won’t just leave you out of no where. It’s essentially a fail-safe in both ends of the spectrum. Some people think it’s crazy, others think it’s perfectly logical.

And it’s also perfectly okay to ask your offering agent their thoughts on this wording and what it’s there for because a lot of agencies differ on this. A contract is only as strong as those who uphold it and some may be more lenient than others because it’s an old clause, and

Others may not be so lenient because they’ve been burned before. Remember that the only thing that’s really not okay here is if an agent or agency tries to sell your manuscript without your consent.