Hey all. Can I join you?
Quick question:
I got a copy of my agency contract today. Actually it looks more like a letter but it's got all the legalese in it. Looks pretty standard to me, but what do I know. I'm sure this question gets asked all the time, but can someone point me to a thread (or other source) that provides a good sample agency contract.
Hi, mikeland!
We don't really have such a thread because agency contracts vary so widely in terms. But here's a little guide to help you see if the terms are "standard" (as far as such things go.) These aren't pros or cons---just examples.
1. Is there a fixed term? Many agency contracts are for a specified period, for the protection of both parties. If the agency can't sell your book, they can terminate. Likewise, if you're not happy with their services, you can terminate.
2. Watch out for what's known as an "interminable agency clause". Here's a
Writer Beware blog about this clause that caused a lot of reaction a few years ago.
3. Most agency contracts specify the book being accepted. While agents tend to represent "authors" for a whole career, that first contract is just for the one book and is just extended to new books as they come along. If yours isn't, make sure the terms are acceptable to you.
4. The commission should be stated plainly, for domestic, foreign and any other rights. If the agent uses a co-op foreign agency for foreign rights sales, the details of that should be also stated in terms you understand.
5. Are the terms of payment of royalties from the publisher stated clearly? In other words, does the agreement state when collected funds are required to be disbursed to you? If not, you might insert 2 weeks from receipt and see if they'll initial the change. It's a good idea to have the requirement to pay you stated in writing. I've just worked in law too long for handshake deals, I guess, and have heard of too many author/agency relationships gone bad, with the author fighting to get their money. (Keep in mind that in the event you leave an agency, they will CONTINUE to receive their commission on books they sold.)
6. How are out-of-pocket expenses by the agent handled? This should be stated. Most agents front the money for postage, overnight and wire fees and then deduct them from your royalty checks when they arrive. If you're required to pay them up front, or are billed monthly (even if you haven't seen money from the publisher) you might see if you can change that.
7. Is there a method for cancellation that is do-able by you? For example, if you're required to send cancellation by certified mail, but you're in a different country and certified mail doesn't exist, you might change that to a different method.
I'm sure there are other things, but these are the big ones. Hope that helps!
Alex, try to focus on the book you're working on now. That will help. It's not uncommon for an agented ms to go unsold, so don't feel alone there. If that one doesn't sell, chances are your next one will. Chin up! All is not lost. 
