PUBLICATION AGREEMENT FOR HOTREVIEW.ORG
This memorandum constitutes our agreement
with respect to the article you (“the Author”) are
submitting to HotReview.org (“the Publisher”), also
known as the Hunter On-Line Theater Review. All submissions become
the property of Publisher and will not be returned. In consideration
for the opportunity to be published in HotReview.org, you agree
to the terms set forth below.
The Author will retain the copyright in
the article (“the Article”), notwithstanding the rights
granted to the Publisher as described below. The Author grants
to the Publisher exclusive rights for first publication of the
Article in English. In addition, the Author grants to the Publisher
the following non-exclusive rights, in any and all media: the
right to reproduce and distribute the article in HotReview.org
and in its archive, later editions, and anthologies; the right
to quote from the Article in any promotional material on behalf
of HotReview.org; the right to reproduce the Article from the
HotReview.org Web site for the Publisher’s own use; and
the right to authorize reproduction and distribution of the article
by third parties in other publications, including but not limited
to Theater magazine, published by Duke University Press
on behalf of the Yale School of Drama/Yale Repertory Theatre.
The Author retains all other rights.
The Author warrants and represents that
the Article is his or her original work and that Author has the
full right, power and authority to enter into this agreement and
to grant the rights granted herein; and that Publisher’s
use of the Article will not violate any rights of any kind or
nature whatsoever of any third party. Author expressly releases
Publisher and Hunter College from and against any and all claims
that Author may have for invasion of privacy, right of publicity,
defamation, copyright infringement, or any other causes of action
arising out of the use, reproduction or distribution of the Article.
Author shall indemnify and hold harmless Publisher and Hunter
College from any and all claims, damages, liabilities, costs and
expenses (including reasonable attorneys’ fee) arising out
of or in any way connected with any breach of any representation
or warranty made by Author herein. For a period of 21 days from
publication in HotReview.org, the Author will not permit the Article
to appear in any other publication which is competitive with HotReview.org,
without prior approval of HotReview.org. Competitive publications
include any print or on-line journal whose editorial focus is
theater or drama.
Author understands that this agreement does not obligate Publisher
to publish the Work.
The Author acknowledges that his or her
relationship to HotReview.org is that of an independent contractor.
As such, the Author will not be an employee of Hunter College,
nor will he or she be entitled to any employee benefits, such
as medical benefits, life insurance, retirement benefits.
The waiver by a party of any breach of
a provision hereunder shall not operate or be construed as a waiver
of any other or subsequent breach.
Any amendment to this Agreement must be in writing and executed
by the parties.
This Agreement shall be construed under
the law of the State of New York applicable to agreements executed
and to be performed in the State of New York, and shall be enforceable
only in the courts of the State of New York or of the United States
located within the State of New York.
This Agreement may be executed in one or
more counterparts, and each such counterpart shall be deemed to
be an original, but all such counterparts shall constitute but
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter thereof
and supersedes all prior written or oral negotiations, commitments,
representations, and agreements with respect thereto.
If any provision of this Agreement shall
be held invalid, illegal or unenforceable in any respect, such
provision shall be deemed automatically amended insofar as is
necessary to render such provision valid, legal, and enforceable,
and the remaining provisions of this Agreement shall not in any
way be affected or impaired thereby.
If an additional acts are necessary to
consummate the transactions anticipated under this Agreement,
the parties shall cooperate to promptly do such acts or execute
such documents for such purpose.