Bound Hare Press Author Agreement

Last Modified: May 23, 2025

This Bound Hare Press Author Agreement is a binding contract between the individual or entity identified in your Author Information section, Bound Hare Press, LLC. any affiliate thereof that joins as a party ("Bound Hare Press", "we" or "us"). For the purposes of this Agreement, "affiliate" means any entity that controls, is controlled by or is under the common control of Bound Hare Press, LLC.

Your use of Bound Hare Press is governed by the following terms and policies: (a) the terms of this Author Agreement and Terms of Use set forth below; (b) the Royalty and Payment Terms; (c) the Content Policy; (d) the Bound Hare Press Website Terms of Service; and (e) the Bound Hare Press, LLC. Privacy Policy, as applicable (collectively, the "Agreement"). The Agreement contains the complete terms and conditions that apply to your use of Bound Hare Press and the storage, editing, printing, and/or distribution of your digital content (your "Title") through Bound Hare Press. THE TERMS OF THIS AGREEMENT ARE IMPORTANT AND WE ENCOURAGE YOU TO REVIEW THEM CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, BOUND HARE PRESS CANNOT SELL AND PROMOTE YOUR BOOK.

These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.

1. Agreement Acceptance & Amendment

You are deemed to accept this Agreement and agree to be bound by its terms when you (a) click "Agree" or "Accept" when prompted. If you do not accept the terms of this Agreement, we cannot put your book on Bound Hare Press.

Bound Hare Press may modify this Agreement, or any terms, conditions or policies forming a part thereof, at any time in its sole discretion. We will provide notice of such changes by posting the new or revised Agreement on the Bound Hare Press website or by sending you an e-mail to the address you provide us.

2. Term and Termination

The term of this Agreement begins when you accept it and will continue until it is terminated by you or by Bound Hare Press. We reserve the right terminate this Agreement at any time with or without notice to you. You may terminate this Agreement at any time by providing notice to us. If you terminate this Agreement, we will cease selling your Titles within ten (10) business days from our receipt of your notice.

3. Information

A. Information. You represent that all information you provide to us in connection with your book titles is true and correct and you agree to keep such information current.

B. Privacy. Your information will be collected, stored and used in accordance with the Privacy Policy of Bound Hare Press, LLC.

4. Title Distribution

A. Delivery of Titles. In order to publish your Titles with Bound Hare Press, you may either deliver your Title files to Bound Hare Press in a compatible format. If you deliver electronic or physical materials to us, we will retain such materials and they will not be returned to you. You represent to us that the materials you provide are free of computer viruses, spyware, worms or any other potentially harmful or disruptive code. You must ensure that all information you provide to us with respect to your Title is current, complete, and accurate. If you discover that any such information you have provided is inaccurate or incomplete, you must promptly submit corrected information to us through the procedures for Title information submission as listed on the Bound Hare Press website.

B. Acceptance Policy. Bound Hare Press determines in its sole discretion which content we accept and distribute through Bound Hare Press. If we request that you provide additional information relating to your Title, including but not limited to information confirming that you have all rights required to permit our distribution of the Titles, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Titles and the accuracy of the information or documentation you provide to us with respect to those rights.

C. Title Withdrawal. You may withdraw your Title from sale on Bound Hare Press using the procedures for Title withdrawal as listed on our website. If you request that a Title be withdrawn from sale, Bound Hare Press will make commercially reasonable efforts to terminate the future sale of your Title by the tenth (10th) business day after you submit your request for withdrawal.

D. Reformatting. We may, in our discretion, remove or modify the cover artwork, metadata and product description that you submit to us, or reformat your Title to make it compatible with Bound Hare Press. You acknowledge that certain unintentional errors may occur in the process of such modifications or reformatting of your Title. We will not make any material changes to the text of your Title. If any such errors do occur, you may request a revision by emailing us at hello@boundharepress.com.

E. Marketing. We will have sole discretion in determining all marketing and promotion related to the sale of your Title through Bound Hare Press, and you agree that we may use (and allow our contractors and agents to use) the cover of your Title in any and all marketing, promotional or packaging materials for any software, website, or device through which your Title is made available or accessible, directly and through multiple channels of distribution, in any media now known or later developed, without further need for permission from you, and without further royalties or payments to you. Bound Hare Press may make each Title available in one or more formats. Prior to general commercial distribution, Bound Hare Press may distribute or cause to be distributed free of charge to some employees of Bound Hare Press copies of each Title in any format for purposes of testing the electronic distribution of such Title in such format. Bound Hare Press reserves the right to distribute and display all front matter of an Title and up to five percent (5%) of an Title's content (nonexclusive of an Title's front matter) free as a sampler. YOU ACKNOWLEDGE THAT BOUND HARE PRESS HAS NO OBLIGATION TO MARKET, DISTRIBUTE, OR OFFER FOR SALE ANY TITLE OR PART THEREOF, OR TO CONTINUING MARKETING, DISTRIBUTING OR SELLING AN TITLE AFTER WE HAVE COMMENCED DOING SO.

F. Customer Data. Bound Hare Press will have sole ownership and control of all data obtained from customers and prospective customers in connection with the distribution of your Title on Bound Hare Press.

G. Print-On-Demand. Bound Hare Press uses the Lulu print platform to create print books using the digital content Titles that you submit to Bound Hare Press. Titles are available for customer purchase via boundharepress.com. Your use of the Bound Hare Press print platform is governed by the Bound Hare Press Website Terms of Service. Bound Hare Press is under no obligation to print or manufacture any Title, if in Bound Hare Press's reasonable opinion, such Title is obscene, libelous or otherwise infringes upon the rights of any person.

5. Pricing

A. List Prices. When you submit your Title to us, you will provide a suggested list price for your Title in USD with the then current procedures listed in the Royalty and Payment Terms ("List Price"). Bound Hare Press has the right to adjust your suggested list price at any time. In addition to the requirements provided in the Royalty and Payment Terms. The List Price you provide will be exclusive of any applicable value added, goods and services or similar taxes ("VAT"). If we display a List Price to customers, we may add applicable VAT to the List Price you provide to determine the List Price that we display. If we offer your Title for sale in a different currency than a currency in which you set your List Price ("Sale Currency"), we may convert the List Price to the Sale Currency at an exchange rate we determine. We may periodically update the converted List Price in order to reflect current exchange rates. If we convert your List Price to another Sale Currency, the converted List Price in the Sale Currency will be your List Price with respect to the offer and sale of your Title in the Sale Currency for all purposes under this Agreement. For example, your Royalties (as defined below) will be calculated based on the converted List Price in the Sale Currency.

B. Customer Prices. We have sole and complete discretion to set the Retail Price at which your Titles are sold to the customer. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service.

6. Payments

A. Royalty. If you are not in breach of any of your obligations under this Agreement, for each Title sold to a customer through Bound Hare Press, Bound Hare Press will pay you the applicable "Royalty" defined and set forth in the Royalty and Payment Terms, net of refunds, chargebacks, bad debt and any applicable taxes charged to a customer or applied with respect to sales to a customer (including without limitation any VAT or sales taxes).

B. Payment Terms. Bound Hare Press will pay your Royalties on sales of your Title or print book approximately thirty (30) days following the end of the calendar month during which it is sold. We will make available to you quarterly a report detailing sales of Titles and print books and corresponding Royalties if requested. All payments will be made via electronic transfer payments or other method we designate in the Royalty and Payment Terms in the Sale Currency or other payment currency we provide for in the Royalty and Payment Terms. If we give you the option to change your payment currency and you select that option using our then-current procedures, unless otherwise noted the change will be effective on the first day of the calendar month following the calendar month in which you make the change. If we pay you in a currency other than the Sale Currency, we will convert the Royalties due from the Sale Currency to the payment currency at an exchange rate we determine, which will be inclusive of all fees and charges for the conversion. We will require you to provide valid PayPal information for receiving payments that is in compliance with the then-current Service Policies, otherwise we will not be obligated to make payments of Royalties to you unless you do so. You may not maintain any action or proceeding against us in respect of any payment unless you commence that action or suit within six (6) months after the date the payment is rendered. Any such action or proceeding shall be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy shall be the recovery of those monies with no interest thereon. If we pay you a Royalty on a sale and later issue a refund, return, or credit for such sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us. Negative balances can occur when the value of all refunds of your Title during a given payment period exceeds that value of orders for your Title. If you have a negative balance on your payment date, the negative balance may be offset from future Royalty payments to you. If a third party asserts that you did not have all rights required to make your Title available on Bound Hare Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable. Upon termination of this Agreement, we may withhold all Royalties due for a period of three (3) months from the date they would otherwise be payable in order to ensure our ability to offset any refunds or other offsets we are entitled to take against the Royalties.

C. Taxes. In the event that the sale or delivery of any Title to any customer is subject to any sales, use, good and services, VAT or similar tax under applicable law, Bound Hare Press will collect such tax and remit it to the taxing authorities. You are responsible for any income or other taxes due and payable resulting from payments to you by Bound Hare Press under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. Bound Hare Press maintains the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by such deductions or withholdings, will constitute full payment and settlement to you.

7. Grant of Rights

You hereby grant to Bound Hare Press, its distributors, licensees and partners a non-exclusive, worldwide, irrevocable right and license to make your Titles available for sale, marketing, display, distribution and promotion in any commercially available electronic or digitized format or on any electronic device platform whether now existing or hereafter created or developed. Without limiting the generality of the foregoing, you further authorize and license Bound Hare Press, its distributors, licensees and partners to: (i) convert or render your Title, including without limitation any text, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material contained therein, into a format suitable for the sale, distribution, marketing, display and promotion of such Title hereunder; (ii) store your Title in data centers and servers; (iii) index and catalogue your Titles; (iv) allow customers to copy, paste, print, email, annotate, view online and share your Titles; (v) bundle your Titles with related physical content available for sale from Bound Hare Press or such distributor, licensee or partner; and (vi) use the Title as otherwise provided herein.

8. Book Festivals and Fairs

At our discretion, your titles may be available at in-person book festivals and fairs. At our discretion, pricing may be adjusted at these events. For royalty information, see Book Festivals and Fairs in Royalty and Payment Terms.

9. Rights Clearances

You will obtain and pay for any and all necessary clearances and licenses to permit our exercise of the rights granted hereunder with respect to your Title without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner.

10. Representations & Warranties

You represent and warrant that: (i) you hold the necessary rights, including all intellectual property rights, in and to the Title and related content to enter into this Agreement and grant the rights granted herein and such rights are not subject to any prior agreement, lien or encumbrance that may interfere with the free exercise of the rights hereunder; (ii) your Title does not contain any obscene or libelous material or material that is in any way unlawful under the laws of any jurisdiction in which you agree it may be sold; (iii) the use, with reasonable care and skill, of any instruction, material, or advice contained in your Title is not likely to result in injury and your Title includes appropriate warnings and safety precautions concerning any particular hazards that may be involved in the use of any such instruction, material or advice; (iv) your Title may be sold, marketed, displayed, distributed and promoted as contemplated by this Agreement without violating or infringing the rights of any other person or entity, including, without limitation, infringing any copyright, patent, trademark or right of privacy, or any other intellectual or industrial property right, title or interest of any party, and without obligating Bound Hare Press to pay any fees to third parties; (v) you will pay or cause to be paid all royalties, fees or other compensation due to third parties in connection with the use of your Title in the manner contemplated by this Agreement; and (vi) all information you provide hereunder shall be accurate and current. Additionally, if you are not an individual, the individual person who accepts this Agreement for you further represents and warrants that he or she is entitled to enter this Agreement as your authorized representative and to bind you to the terms of this Agreement.

BOUND HARE PRESS IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BOUND HARE PRESS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT. BOUND HARE PRESS DOES NOT WARRANT THAT YOUR USE OF BOUND HARE PRESS WILL BE UNINTERRUPTED OR ERROR-FREE. BOUND HARE PRESS CANNOT ENSURE THAT YOUR E-BOOK WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES BOUND HARE PRESS MAY MAKE APPLICABLE IN CONNECTION WITH USE OF YOUR E-BOOK. BOUND HARE PRESS WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES.

CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND IF SUCH LAWS ARE APPLICABLE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Bound Hare Press, its parents, subsidiaries, affiliates, distributors, licensees and partners and their respective directors, officers, employees, agents, shareholders, partners, members and other owners ("Indemnified Parties") against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees and expenses, collectively, a "Claim") brought about by any person that arise out of or are based on your breach of this Agreement or any breach of the representations, warranties, covenants or agreements you make herein. Each Indemnified Party will be entitled, at its expense, to participate in the defense and settlement of the Claim with counsel of its own choosing. You may not enter into any settlement or other disposition of any Claim without the prior written approval of the applicable Indemnified Parties.

13. Intellectual Property

Subject to the authorizations granted to us hereunder, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Title. Bound Hare Press retains all ownership rights in and to the copyrights and all other rights and interests in and to Bound Hare Press and all related websites, services, applications, tools and content. Bound Hare Press is solely responsible for, and will have full discretion with respect to the terms, features, and operation of Bound Hare Press and the marketing therefor. In the event that you provide suggestions, advice, ideas or other feedback to Bound Hare Press in conjunction with Bound Hare Press ("Feedback"), Bound Hare Press shall be free to use and exploit such Feedback without restriction and will have no obligation to compensate you.

14. Confidentiality

As used herein, "Confidential Information" means: (i) any information that would reasonably be considered to be confidential information of Bound Hare Press in light of the circumstances surrounding the disclosure; and (ii) any other information provided by Bound Hare Press to you hereunder including, but not limited to: (a) any information regarding Bound Hare Press, its parents, subsidiaries, affiliates, distributors, licensees and partners and their businesses you receive in connection with your activities on Bound Hare Press, including but not limited to their technology, customers, business plans, marketing activities and finances; (b) the content and existence of any communications between you and us.

Except with our prior written consent, you shall not (x) use or disclose any Confidential Information other than to your employees or a third party who have a need to know and any disclosure to third parties may only take place under a non-disclosure agreement at least as protective of Confidential Information as this Agreement; or (y) make copies or allow others to make copies of Confidential Information except as is reasonably necessary for your internal business purposes. If you are required to disclose Confidential Information to a third party in connection with any ongoing civil or criminal investigation or any legal proceeding, you must promptly notify Bound Hare Press so that we may, if we choose, seek an appropriate protective order or take other appropriate steps to seek to limit or prevent such disclosure. Without limiting the survivability of any other provision of this Agreement, your obligations under this Section 13 will survive five (5) years following the termination of this Agreement.

15. Limitation of Liability

EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOUND HARE PRESS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST REVENUE OR ANTICIPATED PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) BOUND HARE PRESS OR ANY BOUND HARE PRESS ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, BOUND HARE PRESS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE BOUND HARE PRESS SERVICES OR THE CONTENT ON BOUND HARE PRESS UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

IN NO EVENT SHALL THE LIABILITY OF BOUND HARE PRESS HEREUNDER (I) EXCEED THE AMOUNT PAYABLE BY BOUND HARE PRESS YOU PURSUANT TO THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD PRECEEDING ANY CLAIM, OR (II) INCLUDE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR PENALTIES INCLUDING, BUT NOT LIMITED TO, LOSSES OF DATA, BUSINESS, REVENUE OR ANTICIPATED PROFITS. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WHETHER OR NOT THE PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Applicable Law

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BOUND HARE PRESS TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute or claim arising from, relating to, or connected with this Bound Hare Press Membership Agreement or your use of Bound Hare Press (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms of Use will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of New York or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 16, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.

OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 16, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must mail your written notification to Bound Hare Press, Attention: Legal Department to 909 W Euclid Ave, PO Box 1604, Arlington Heights, IL 60005 and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 16, we both agree to the governing law and jurisdiction as set out in this Section 16.

17. Miscellaneous

This Agreement is made in the English language. Any translations into additional languages we make available to you have no legal validity and in the event of any inconsistency between the English language version and the translated version, the English language version will govern. The parties hereto are and shall remain independent contractors, and nothing herein shall be deemed to create a partnership or joint venture. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches. This Agreement shall be construed as if jointly drafted by the parties. You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of Bound Hare Press and any attempted assignment, delegation or transfer in derogation hereof shall be null and void. This Agreement shall be binding upon the successors and permitted assigns of both parties. Each party to this Agreement acknowledges that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, between the parties. You consent to the use of electronic means to complete this Agreement and to provide you with any notices given pursuant to this Agreement. Any notice or other communication to be given hereunder will be in writing and given: (i) by us via email, via a posting on our website; or (ii) by you via email to hello@boundharepress.com. The date of receipt will, in the case of email, be deemed the date on which such notice is transmitted.