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The Zharmae Publishing Press

traveo2343

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Hello Again,

Quick replies before an afternoon meeting I have...

thothguard51: This should be taken as meaning that I as the publisher will put up the funds or coordinate the talent to be sure that all Cost of Goods and Services are performed properly.

For TZPP on the profit share model, everyone is on the model from the artist to the editor.

We define Cost of Goods as: eBook retailer "distribution" which is currently 30%, ISBN x3, Copyright registration, and Barcode. There items create a 19 unit break-even benchmark at which point everyone else begins to earn.

We define Cost of Services as: Managing Editorial (Registration, Production, Design, Copy Edits, Proofing, Galley Review, Backmatter, and Indexing if needed, etc), Editorial, Marketing, Research (our panel readers), and Sub-Rights Sales. All of my staff are on contracts that pay them a percentage of sales ranging from 1-20%. The qualifier is that COSS is limited to a max of 50% of the Gross After COGS. So there is a limitation on this, the staff members aren't billing a fee or something like that.

Royalties are based on net sales after COGS and COSS are paid. This is paid to the Artist at 10-15% and Author at 50%, and Publisher at 35-40%.

So using KISS: Assume eBook priced at 7.99 with sales of 250 units -- At 7.99 break-even is 12 units sold
Gross Revenue: 1997.50
(Total COGS): (663.25)
Gross after COGS: 1334.25
(Total COSS @ 50%): (667.13) -- split between 11-12 staff
Net after COSS: 667.13
Artist Royalties @10%: 66.71
Author Royalties @50%: 333.56 -- $1.34/unit sold in royalty.
Gross Profit (Loss): 266.85

This is how we account under the PS model. >> No coffee and beverage service, but it you think I can get away with adding that in let me know. <<

You can take a look see at the full contract at http://trgmholdings.com/contract-boilerplate/ and read through all of the provisions, but there is a provision that allows an Author to terminate and revert rights back if sales fall below 25 units on an annual basis is they would so like, we frequently increase this to 100 units at the Authors request. The Grant of Rights is for the life of the copyright. Again this reflects our view of working with an author over the long term.

>> I would rather not publish a full length work that I was not the exclusive publisher of.<<

As far as the rights go. The only way we can help build our reputation, and that of our authors is by doing good work and hopefully making some books sales, and by licensing any other rights that they have given us. If we don't have them, we can't even attempt to do that. In my experience thus far, authors seem to be mostly of two minds, they either have no problem with giving full rights, or they only want to give US English hardback & trade paperback print rights and try to fight me tooth and nail about eBook rights. There are a few who are more cautious about their rights and have suggested a time limit on when TZPP has to have licensed or be in talks to license their rights, usually we negotiate that term to 3-5 years after publication with option to re-evaluate whether to renew that portion of the contract at that time.

+++

Round Two: We were under the impression that if you pay a professional advance that it should conform to the SFWA/MWA/HWA/RWA standards for author payments, which is $0.05 per word. That is why and how we make our assumptions where advances are concerned.

>> This is not an unreasonable payment schedule to me, and I really don't have qualms paying it. We've paid as high as $0.10 per word for work. But committing to that model is expensive. <<

I also think that you and I work off of different models and this can be a result of who we work with in the industry, which would account for our differing numbers.

+++

Hi Old Hack: Are my charms working yet? :)

My investors have no qualms funding the Bonus for making the bestsellers list The marketing usefulness of making the list in their eyes, and in mine, far outweigh the cost in the long term, again we work on the assumption that the author will be with us exclusively, or non-exclusively for years. We purposely left that definition of format undefined, but we do interpret this as a "If your name appears period, it triggers this provision" We would not account for each format separately, and one would not be able trigger this clause more than once for the contract, that is once for 5.1 and once for 5.2. Originally it was written as an Advance Against Royalties, but we changed it to a strict Bonus after significant criticism from Authors and Agents who have reviewed the contract.

We don't pay for reviews, but we could pay for reviews by professional review services.

I fully appreciate the cost in getting books into bookstores, my head hurts every time I think about the logistics. But yes, I have asked Michael to push with Ingram/B&T for the right relationship which would be of most benefit to us, as well as trying to locate a publishing partner or agent in the UK over the next 6-9 months.

>> I think that under-capitalization is a serious concern for any publisher, it certainly is for me. The profit share model is one that made the most sense to me and that I was able to get past my investors. I also think that a lot of how we arrive at the numbers that we do comes from who we work with and what their experience has been. My investors absolutely color my views and focus, and the numbers that we arrive at. But this form and how we account for it, was the most "fair" situation that we could develop. The break-even is low enough that we can see tangible results, and the areas where costs could be horrendous are contained. I suppose it is possible that accounting numbers and limits could be added into the contract to legally insure the Author that we were limited in how much is accounted for COSS....but even then would that be a viable answer for you? <<

+++

kaitie: Our original contract had scaling royalties from 5% - 15% on All formats under our Advance model. The flat model reduces accounting costs and makes audits simpler. My goal is to be transparent with how we operate, a flat rate makes that a reality. >> One of the reasons I am here. <<
 

Round Two

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Hello Again,

Round Two: We were under the impression that if you pay a professional advance that it should conform to the SFWA/MWA/HWA/RWA standards for author payments, which is $0.05 per word. That is why and how we make our assumptions where advances are concerned.

This is not an unreasonable payment schedule to me, and I really don't have qualms paying it. We've paid as high as $0.10 per word for work. But committing to that model is expensive.

I also think that you and I work off of different models and this can be a result of who we work with in the industry, which would account for our differing numbers.
I have never seen any of those organizations mention the $.05 per word formula for how to figure out an advance on a novel.

A short story? Sure, I can believe that. But not a novel. Can you please point me to any guidelines from any of those organizations that says the advance for a novel is based on word count?

Also, I’m unclear how you would use that formula in conjunction with a 15% royalty on Net. Can you explain?
 

amergina

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I have never seen any of those organizations mention the $.05 per word formula for how to figure out an advance on a novel.

A short story? Sure, I can believe that. But not a novel. Can you please point me to any guidelines from any of those organizations that says the advance for a novel is based on word count?

Also, I’m unclear how you would use that formula in conjunction with a 15% royalty on Net. Can you explain?

Yup.

It's pretty darn easy to see what the qualifications are for SFWA membership. It's all right here.

A qualifying advance for SFWA for a novel is not $0.05 a word (that's for short fiction). It's $2000. Mind you, there are other qualifications a *publisher* must meet for the sale to be qualified.

Qualifications for other writer's organizations are also readily available on the web.
 
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Round Two

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Yup.

It's pretty darn easy to see what the qualifications are for SFWA membership. It's all right here.

A qualifying advance for SFWA for a novel is not $0.05 a word (that's for short fiction). It's $2000. Mind you, there are other qualifications a *publisher* must meet for the sale to be qualified.

Qualifications for other writer's organizations are also readily available on the web.

That's what I found, too. Though I'll concede that the SFWA's laying out of terms was a little confusing.

MWA's was much clearer.
 

traveo2343

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Hello,

This is the link to the SFWA: http://www.sfwa.org/about/join-us/sfwa-membership-requirements/#qualify -- You'll want to scroll to the Qualify a Market section.

These are the basic requirements to qualify a market as outlined on the website:

1. Payment for all works of fiction (other than reprints or serializations), either in advance of publication or on publication, at the rate of either (a) at least $2000 for a single work or (b) at least 5¢/word (3¢/word before 1/1/2004); and

2. Must have published consistently for a period of at least one year before the market will be considered qualifying; and

3. Must have a print run or circulation of at least 1000 copies, or the equivalent in other media (e.g., demonstrated downloads in electronic media); and

4. Is not self-publication, vanity press, or other type of author-paid or fee-charging press, as demonstrated such as (1) by having published at least ten distinct works by different natural persons during the date range; and (2) by authors not having paid or been requested to pay fees or give consideration of any kind.

I don't have any other comment on listing criteria or advances as that is an area that my personal thoughts outweigh my professional thoughts. However, I will say that there are a lot of politics involved when dealing with the various writers associations and the SFWA is by far the most active. There are also a lot more items and nuances that are evaluated and considered beyond these 4 basics.
 

Round Two

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Hello,

This is the link to the SFWA: http://www.sfwa.org/about/join-us/sfwa-membership-requirements/#qualify -- You'll want to scroll to the Qualify a Market section.

These are the basic requirements to qualify a market as outlined on the website:

1. Payment for all works of fiction (other than reprints or serializations), either in advance of publication or on publication, at the rate of either (a) at least $2000 for a single work or (b) at least 5¢/word (3¢/word before 1/1/2004); and

I think the confusion is stemming from the $.05/word payment being for short stories and not novels, and the understanding that you're considering advances based on word count (something that isn't done elsewhere).
 

James D. Macdonald

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At $0.05/word, $2,000 = 40,000 words.

Presuming Zharmae publishes novel-length works (by SFWA's definition 40,000 words or more), they could pay the same $2K advance for 120,000 word novel and still qualify.

40,000 words is about half the length of typical recent novels.
 

dondomat

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Dutton pay 5c/word for short novels. Dark Fuse also mention 'a flat rate', which I suppose should be something along those lines. Some people do calculate advance via cents by wordcount multiplication. Others, like Crossed Genres lately, have opted to pay $2000 for any accepted novel between 50K and a 100K.
Yay for the neo-pulps.
 

Round Two

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Dutton pay 5c/word for short novels. Dark Fuse also mention 'a flat rate', which I suppose should be something along those lines. Some people do calculate advance via cents by wordcount multiplication. Others, like Crossed Genres lately, have opted to pay $2000 for any accepted novel between 50K and a 100K.
Yay for the neo-pulps.

Can you tell me where you heard that Dutton pays based on word count? I've talked to a couple of agents who say they've never heard of that at Dutton or anywhere else.

Is this for a particular line? Novellas?

Also of note, traveo2343 said the average Zharmae Publishing Press novel is between 75k and 125k words. Not short novels by any stretch. Using the $.05/word calculation (that I still don't think exists for novels) it means the advance would be $3,750 - $6,250 and there is no indication that's happening.
 

traveo2343

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Hi Round Two: The last 3 advances TZPP paid were $2,750, $3,600, and $6,000, and we are still in conversations for a mid-list author from DAW for $9,000-$12,000, the largest advance we have paid was $17,500. But you are correct in that we have ceased paying and offering advances as of May 2013, except for those advances that were already contracted.

As always please feel free to email me or contact me via social media, I'm terribly easy to find. I'll check back around in a while.

Best Regards,
 

dondomat

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Can you tell me where you heard that Dutton pays based on word count? I've talked to a couple of agents who say they've never heard of that at Dutton or anywhere else.

Is this for a particular line? Novellas?

Well, agents obviously don't have an incentive to overturn all nooks and crannies in search of non-agented opportunities. Just as I don't have an incentive to make lists of agented opportunities.

You're right, Round Two, on both counts, it's a specific line - Guilt Edged Mysteries, and the word limits are 10K - 50K - novelette to short novel. Novellas.

Dark Fuse, my other example, mention a 'flat rate' which I've yet to find out in real numbers, their word limits are 50K - 80K. Perhaps someone can PM an AW member published there for details.
DarkFuse pays a flat payment for limited edition hardcover rights on or prior to publication plus a 50% profit sharing revenue payout for all e-book and trade paperback sales. The flat payment for limited edition hardcover depends on the book, author, and print run we decide.
In my pulp-addled imagination the 'depends on books and author' means basically the number of cents per word.

I have a suspicion Ravenous Shadows work like that as well, but this outfit is thus far notoriously hard to find out info about. At least without a FB account. They had grandiose plans at the start of 2012 - bring back the short horror book, John Skipp at the helm, a million snappy books a year in exchange for pulp-level advances... I don't see lots of their books floating around, and Mr. Skipp still seemed to be making a living off editorial services last I checked half a year back...
*edit* aroused my own curiosity, went to check Mr. Skipp's site - it's in 'coming soon' mode, so perhaps Things Are Afoot.
 
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Old Hack

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Well, agents obviously don't have an incentive to overturn all nooks and crannies in search of non-agented opportunities. Just as I don't have an incentive to make lists of agented opportunities.

I'm sure you didn't mean to be rude, dondo, but that did sound quite dismissive to me.

You're right, Round Two, on both counts, it's a specific line - Guilt Edged Mysteries, and the word limits are 10K - 50K - novelette to short novel. Novellas.

Dark Fuse, my other example, mention a 'flat rate' which I've yet to find out in real numbers, their word limits are 50K - 80K. Perhaps someone can PM an AW member published there for details.

DarkFuse pays a flat payment for limited edition hardcover rights on or prior to publication plus a 50% profit sharing revenue payout for all e-book and trade paperback sales. The flat payment for limited edition hardcover depends on the book, author, and print run we decide.
In my pulp-addled imagination the 'depends on books and author' means basically the number of cents per word.
From the portion you quoted I'd assume that their "flat payment" means that they make a single payment for hardcover rights then don't pay royalties after that; and that the amount is determined not by the book's wordcount, but by "the book, author, and print run we decide"--in other words, by how good the book is, who wrote it, and how many copies they expect to sell. I don't see any suggestion there that they pay per word.
 

dondomat

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Thanks, Old Hack.

I plan to some day get an agent too, and have no intention of dismissing the profession, it's just that while unagented, it stands to reason that I'd have more at stake at finding out unagented opportunities, than someone whose priorities are in an entirely different part of the field.

So, the Dark Fuse deal could be closer to the Crossed Genres one, but with more variable concerning the actual amount? I'd love to know some numbers. Maybe the way to get them is to actually publish with them one of these days. I wish my genres weren't so scattershot.
 
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Update:

07/20/13-No response to the email I sent asking for an update after they missed the deadline they set for themselves to give me a response to my query. I did get a twitter invite which turned me off of Zharmae.

Even a form rejection would suffice for me now.
 

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Update:

07/20/13-No response to the email I sent asking for an update after they missed the deadline they set for themselves to give me a response to my query. I did get a twitter invite which turned me off of Zharmae.

Even a form rejection would suffice for me now.


That's so funny. I just got a Twitter invite too (without hearing a word). Since mine hasn't been out long at all I took it as a good sign, but then again I think Twitter sends out those invites if they sync their profile with their email, no?
 

folclor

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hmm... reading all of this is intriguing and eye-opening...

I'm going to post this here as I suppose this is the sort of place to put it? For dealings with publishers that are in an ongoing discussion?

I submitted to Luthando Couer and got a request for a partial... two weeks after that I got a request for a full and am now waiting to hear back. So far I am not put off by them and hope, honestly, to hear more.
 

LaneHeymont

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hmm... reading all of this is intriguing and eye-opening...

I'm going to post this here as I suppose this is the sort of place to put it? For dealings with publishers that are in an ongoing discussion?

I submitted to Luthando Couer and got a request for a partial... two weeks after that I got a request for a full and am now waiting to hear back. So far I am not put off by them and hope, honestly, to hear more.

Congrats, Folclor! Though, you made it sound like there was more to your story. :Shrug:
 

thothguard51

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This still bothers me...

You can take a look see at the full contract at http://trgmholdings.com/contract-boilerplate/ and read through all of the provisions, but there is a provision that allows an Author to terminate and revert rights back if sales fall below 25 units on an annual basis is they would so like, we frequently increase this to 100 units at the Authors request. The Grant of Rights is for the life of the copyright. Again this reflects our view of working with an author over the long term.

You have provisions for reversion of rights to authors if the sales fall under a certain number annually. In this case 25. But what is to stop the publisher from putting the book on sale for 99 cents to boost the sales to over the agreed upon number just before the annual date? Nothing. This has happened more than once to authors.

There is also the fact that you want all the subsidiary rights you can grab, but won't exercise those rights for 3-5 years, if at all. That is a long time to tie up rights for an author who may or may not be able to sell those rights on his/her own, sooner. I would prefer to see a time limit on the publisher actively pursuing sales of these additional rights, to say, maybe 2 years. Why 2 years? You know what the book is going to do in the first year and if the author has a second book, the first book will ride with the sales of the second. So, by the second year, you should have an idea of potential sales.

Also you say that the Rights Grant is for life of Copyright. Is that all rights or just the ebooks rights? If the author request his rights back and it is granted, then why do you need the for life of the copyright clause? The copyright belongs to the author. Generally when an author request and is granted a reversion, the contract is terminated, which means there is no for life of copyright.

I also want to say thank you for answering the questions in a very professional manner. Much appreciated.
 

nkkingston

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Life on copyright with a minimum sales get out isn't uncommon in publishing contracts. But, as you say, nor is the lowered price to boost sales. Raising it to a minimum of 100 sales per year is more in the author's favour than 25, which is positive.

It's not a clause that would bother me (especially since it seems like sales are pretty low as it is for some books) but it'd be worth seeing if you could negotiate an "at full price" into the contract for a little extra protection.
 

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Personally, I would consider it unusual especially without a very clear out-of-print definition taking g into account free or cheap ebooks -- life of copyright terms have caused me to pass on publishers I would otherwise have submitted to.
 

traveo2343

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Hello All,

As mentioned previously I am back to provide some additional answers to your questions, comments and concerns.

First off, Suzanne has retired after 35 years due to disability, and her transition along with the personnel changes to manage submissions at the House have caused some confusion in receiving submissions.

If you submitted prior to July 4th, and you have not received a response notifying you that we have received it. Assume that we have not and resubmit please to either Sara Totten at [email protected] or Danielle Romero at [email protected]. Also, if you submitted and received a request for additional material but were expecting a response anytime between the 1st of May and through the 4th of July, I would suggest sending a sweet reminder to both Sara and Danielle.

We are working through a rather large backlog, and I apologize for the delay. Our transition will hopefully get us to a point where we can provide quicker decisions in as little as 4 weeks at the house. I would also suggest that you consider submitting to our imprint's whose submissions logs don't have 386 manuscripts on them. Some have as little as 15, as they ramp up their networking with authors.

If you've sent direct to [email protected] (which is the email attached to @TZPPbooks) then you would have received a twitter invite. You may also have received one from my personal twitter account @traveo2343.

+++

thothguard51 & nkkingston

As far as the contract, as mentioned I am not opposed to raising the minimal sales number to 100-120 per year. I have no intentions of selling ebooks below $2.99 (for a back-list title), most are priced between $4.99 and $7.99 on average. Print titles are not economical on our smaller scale at any price point below $14.95. I hadn't thought about a floor price such as "eBooks will not be sold for less than USD $4.99 during the first year after publication and not less than USD$2.99 at any time after the first year after publication" but it is in keeping with our model...so I don't see why I wouldn't go for that if an author wanted that extra assurance.

The grant is for the life of the copyright, but that would only apply for as long as the book remained under contract with us. Thus is sales were to fall below a certain thresh-hold, and the author hated us, I imagine they would request that the rights revert back to them. But, if the sales do continue as I intend for them to do, the contract would continue for as long as the sales were stable and the copyright was in effect.

Some authors who are more timid about giving up rights frequently request that we reduce the period we have to license secondary rights, if we are given them, to 3-5 years after publication. I agree that 2 years is enough time to determine how book sales will look, but it can be well into the 3rd year (or longer) after publication that we get any traction with a producer for the optioning of a movie right, or other right. I would also point out that there are quite a few works that have been in publication for YEARS literally before ever being effectively sold and produced (Ender's Game, Honor Harrington, Hitchhickers Guide, LOTR -- even the newly produced City of Bones was in print for 6 years before seeing the light of day as a movie).

>> I am not a writer, but a publisher, so I am always baffled at authors insistence on having exactly everything they want even going as far as refusing to work with a publisher (not just TZPP, but others), and then stipulating that they don't want to give up rights that are better served being left to others to manage on their behalf. If you are an author and you think your job is to do anything but focus on writing and connecting with readers, perhaps developing a relationship with an Agent, you are mistaken. The fact is, most books are never consumed in any format beyond their American or British version.<<

>>We are always looking into as many avenues as possible to develop and create a solid marketing program for our books, having full rights from our authors, allows us to fully maximize that effort on behalf of our authors. And this is where there is something to be said for economies of scale when presenting to various rights buyers, business partners, and the like. <<


veinglory: I would think that out of print is more difficult to define in today's book industry. My suggestion is that 25 books annually is sufficient to be profitable, thus any amount below that is considered unjustifiable. If we don't intend on removing the book from publication, even at 25 units (or 100 units) that assures the author some minimum of income from the work.

+++

I have mentioned this before, but I'll say it again, we are interested in developing long term relationships with our authors. Not just 1 or 2 books with them for a few years. Our contracts fully reflect that.


>> As the industry changes, we are often approached for partnerships which require me to co-produce the license. This is a cost to the Publisher and not the Author. But because we structure it as a technical license, the author doesn't feel that cost.<<

>>I'm fairly happy with the work in molding the contract into a workable format that is generally viable and worthwhile to both the Author and the Publisher. I don't know that there will be much more changes to this version...perhaps some minor clause revisions. This version of the contract essentially places all of the burden on the publisher, so as is normal, the author is not encumbered with the risk except for the first 19 units while the sales pay for registration/ISBN/Barcode. <<


As always please feel free to email me directly with any comments, questions, or concerns. I'll check back here in a bit and respond if there are any additions.
 

chekzchevov

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That's so funny. I just got a Twitter invite too (without hearing a word). Since mine hasn't been out long at all I took it as a good sign, but then again I think Twitter sends out those invites if they sync their profile with their email, no?

I'm not sure if this is true or not. But I too have been receiving Twitter invites from TZPP. And it's on my business email where I do nothing but exchange emails with publishers and agents and the like. So every time I see something in the inbox I get excited and then it's like, "Oh, it's Twitter."
 

folclor

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I totally forgot about this thread until I logged in today. Weird.

Anyway, I commented a while back and thought I might as well throw an update out there. I was offered a contract not too terribly long ago and it was open to negotiation. I did talk to them about clauses I didn't like and the contract quickly became one I signed.

My book is set to come out in November and I'm quite happy about that as I've been working on this one for 5 years now and I'm ready for it to see the light of day. So far I've had a good experience with everyone I've talked to. The editing process, thus far, is something I'm happy with. I feel like it's truly helping my book reach a higher potential.

I haven't gotten too deep into the process yet so it's possible I could run into something I don't like... but that would be the case anywhere, I suppose. I feel like I'm in good hands with them, though, and I feel like they know what they're doing, which is very nice.

If y'all'd like I'll come back a while later and give my impressions after my book has come out... but I figured I'd put in my ...cent and express my experience thus far. I'll continue to lurk until then, though.

Hope everyone is well!