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Contract clause

Advance and earn-out clause

This clause states that the publisher will pay you a lump sum, called an advance, before your book is published. This advance is a prepayment of the royalt

The clause, in typical wordingThe Publisher agrees to pay the Author an advance of $[X] against all royalties which may become due to the Author under this Agreement. The advance shall be paid in installments as follows: $[X] upon signing, $[X] upon delivery and acceptance of the complete manuscript, and the remaining $[X] upon publication. The advance shall be earned out when the royalties accrued from the sale of the Work equal the amount of the advance.

In plain English

This clause states that the publisher will pay you a lump sum, called an advance, before your book is published. This advance is a prepayment of the royalties you will earn from book sales. You won't receive additional royalty payments until your book has earned back the amount of the advance through sales.

What it means in practice

In practice, this means you receive a portion of the advance when you sign the contract, another portion when you submit your finished manuscript, and the final portion when your book is published. You won't see any additional money from book sales until the total royalties from those sales exceed the advance you've already received.

What's standard

Standard / acceptable

It is standard for the advance to be paid in installments tied to specific milestones, such as signing, manuscript delivery, and publication.

Red flags

Red flag

Vague language about the timing or conditions of advance payments

Red flag

Lack of clarity on what constitutes "acceptance" of the manuscript

Red flag

No clear definition of how royalties are calculated or when they are paid

What to ask for instead

Ask for the advance to be divided into three equal payments tied to signing, manuscript delivery, and publication. Ensure the contract specifies that "acceptance" of the manuscript is based on objective criteria, such as adherence to an agreed-upon outline or style guide.

This is information, not legal advice. Contracts turn on their exact wording and your circumstances — before you sign, have a publishing lawyer or a body like the Society of Authors or the Authors Guild review the actual document.

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