This company is represented by Pro-Growth for Business Solutions, Dubai, UAE
Brian Tracy Publishing
Pro Growth LLC. FZ
Business Center 1,
The Meydan Hotel, Nad Al Sheba
Dubai, United Arab Emirates
Company registration number:
Brian Tracy is a renowned author of best-selling books on business success, personal development, and sales. Each year, he delivers lectures and seminars to over 250,000 people worldwide. He also serves as a self-development consultant and markets a range of products, including books, seminars, audiobooks, and learning systems.
In 2023-2024, Brian Tracy plans to launch a new book series. This series will feature contributions from various authors, referred to as the "complete work" hereafter. By participating in this international project, each co-author anticipates extensive branding and increased visibility, potentially reaching millions of people through the e-book.
These books will be promoted by Brian Tracy, represented by his agent company, Medhat Zaki. The cover of each soft and hard copy of the book will feature Brian Tracy alongside each co-author. For the English copies sold on Amazon, Brian Tracy will be pictured with Medhat Zaki.
With this understanding, the parties agree as follows:
1 Contract Subject:
(1) The subject of this contract is a co-authorship for a book series (hereinafter referred to as "work") with Brian Tracy (hereinafter referred to as "book"). The title of each book will be described in the offer to the individual contributing an essay (hereinafter referred to as "co-author") to said book.
(2) During the creation of the book, the co-authors' contribution will be submitted under a working title. The final title of the essay will be determined through consultation between the co-author and the editor. However, in the event of disagreement, the editor has the final decision-making authority. Nevertheless, the co-author has the right to object to the publisher's final decision if it infringes upon their personal rights. The burden of proof for the violation of personal rights lies with the co-author.
2 Right Granting:
(1) The co-author is granted permission to print either 3000 or 500 copies (depending on the VIP or Basic offer) of the first edition of the work for their use. If the co-author requires additional books, they can arrange a license agreement with us to print in their country at a cost of 1 € per copy.
(2) The publisher grants the co-author a non-exclusive right, unrestricted by location or time, to distribute up to a total of additional 3000 copies (unless stated differently in the offer). The co-author is also permitted to reproduce and distribute the work free of charge, through readings in their language on audio carriers (LP, MC, CD, CD-ROM) or video carriers (video, CD-ROM).
(3) The co-author is not permitted to modify the work, their contribution, or their designations. However, they may, at their expense and with due care, adapt their contribution to meet the requirements for publication. Any additional modifications require the consent of the publisher. Consent is assumed to be granted if the publisher does not object to the communicated deviations within a period of 4 weeks after submission.
(4) No rights, apart from those explicitly mentioned in this agreement, are assigned to the co-author.
(1) The co-author will coordinate their chapter with an editor contracted by the publisher. Please note that we cannot accept any sensitive content; the chapter must be business-related. Sensitive content refers to anything that may offend the reader, especially content related to religion, race, gender, politics, sexuality, disability, or vulgar language. The chapters should be appropriately worded, and any reference to potentially sensitive topics should be avoided. The editorial team will review your chapter. If there are any ambiguities, the chapter will be assigned to appropriate members of the Editorial Board who will determine if the chapter should be sent for review.
(2) The co-author will deliver a complete, reproducible, and typeset manuscript to the publisher by the individually agreed date, in hard copy and by email, on a data stick, CD, or comparable electronic data storage device as a Microsoft Word file or equivalent format. If the co-author fails to meet the aforementioned deadline, for whatever reason, an additional 4 weeks shall be deemed a reasonable grace period within the meaning of § 30 VerlG.
(3) The co-author is required to keep a backup copy of the work.
(4) The manuscript should be approximately 2,500 words in length. The co-author will also need to provide the publisher with a biography of about 140 words and a shorter version of about 70 words.
(5) On the cover of the complete work distributed through Amazon, Brian Tracy is pictured with Medhat Zaki. On the covers of the copies sent to each co-author, the co-author will be pictured with Brian Tracy.
4 Publisher’s rights and duties:
(1) The publisher commits to the production and online distribution of the complete work at his expense. The production includes the design of the book cover with Brian Tracey, translation of the work into English, layout, and ISBN acquisition.
(2) The publisher aims to publish the complete work within 6 months, but no later than one year after all texts contracted for the book have been finalized and approved by the publisher.
(3) The publisher is obligated to promote the dissemination of the work through an international press release.
(4) The publisher alone determines the layout of the entire work, including cover design (specifically the selection of images/texts, font sizes, and the arrangement of texts and/or images). The publisher reserves the right to make changes to the key data specified in § 1 section 2 at any time.
(5) The co-author, who has invested in a printing license, has the right to decide on the print run, delivery date, retail price, and advertising measures of the book.
(6) The publisher's right to determine the store price includes the right to increase or decrease it.
(7) The co-author will receive a 3-hour coaching session with Medhat Zaki or a specialist from his team for targeted positioning of his professional activity through his contribution to the complete work (only included in the VIP offer).
5 Typesetting and corrections:
(1) The initial correction of the typesetting is carried out by the editor or a third party commissioned by the editor. After the initial correction has been completed, a legible copy is sent to the co-author.
(2) Upon receipt, the co-author is obligated to promptly correct this print free of charge and return it with the note "ready for printing". If the co-author does not declare the proof as "ready for printing" within two weeks from the receipt of the proof, it will be considered "ready for printing" by both parties.
(3) The publisher may charge the co-author for the cost of changes in typesetting or illustrations that become necessary due to subsequent corrections or additions made by the co-author to the manuscript submitted as ready for printing, provided that the cost of changes exceeds 10% of the original typesetting costs of the entire work. This provision does not apply to corrections that are the fault of the publisher or the printer, or to factual corrections that the co-author was unable to make before the delivery of the manuscript.
(1) For the first edition of the complete work, the co-author shall pay a fee of a certain amount (mentioned in the offer) plus statutory sales tax, to the extent it arises. A new offer will be put on the table if ever the co-author wishes to contribute to more than one edition of the complete work.
(2) The publisher must declare his acceptance of the manuscript in writing within 4 weeks of delivery at the latest. If he fails to do so, the manuscript shall be deemed accepted. The publisher is entitled to refuse acceptance, stating the relevant reasons, if the manuscript does not comply with the agreements made regarding the content and form of the work. In this case, the co-author will make the changes deemed necessary by the publisher without additional compensation and within a reasonable time, considering in particular the publisher's deadlines and the intended publication, and resubmit the manuscript for acceptance.
(3) Without prejudice to all other contractual and statutory rights and claims (e.g., withdrawal, damages), the publisher is entitled, at his discretion, to commission an expert third party to make the changes if the co-author is unable or unwilling to make the changes deemed necessary by the publisher within a reasonable period of time set by the publisher. Depending on the nature and extent of the changes made, the publisher may name the third party as the sole author or as co-author alongside the co-author.
(4) The co-author agrees to a review and, if necessary, to an edit of the manuscript by the editor regarding the uniform design of the work.
(5) In addition, the publisher is entitled to edit the manuscript and the work to the extent necessary to exploit the rights granted under § 2, while preserving the moral rights of the co-author, in particular to make changes, deletions and/or additions.
(6) The manuscript remains the property of the co-author and is to be returned to him by the publisher upon request after publication of the work.
(7) The co-author undertakes not to apply, teach or otherwise disseminate the teachings of the Scientology organization in the preparation of the manuscript. In the event of a violation, the publisher is entitled to terminate the contract for good cause without notice. Further rights remain unaffected.
7 Granting of rights:
(1) The co-author assigns to the publisher, free of charge and without limitation as to territory and content, the exclusive, transferable right to reproduce and distribute the work (publishing right) for all print editions as well as physical electronic editions and print runs without limitation as to the number of copies and for all language versions for the duration of the statutory term of protection and any extensions of the term of protection.
(2) The co-author grants the publisher the following exclusive, transferable and geographically unrestricted ancillary rights for the duration of the primary right under Paragraph 1:
a) the right to reproduce and distribute the work in all book forms for all editions and issues, in particular as hardcover, pocketbook, popular, book club, school, deluxe, paperback, large print, microcopy, loose-leaf and reprint editions, and the right to include the work in collections of all kinds;
b) the special edition right, i.e., the right to reproduce and distribute the work in all book forms for all editions and as special editions for the assortment and/or individual customers outside the assortment book trade (industrial editions), etc.;
c) the right to preprint and reprint in whole or in part, also as a continuation print, in newspapers and magazines as well as in non-periodical printed works and work-related advertising and press media;
d) the right to translate the work into other languages or dialects, the right to adapt or otherwise transform the work, including braille, and the right to use the resulting adaptation in any of the ways provided for in the contract;
e) the right to use the work together with other works or other adaptations of the works of the co-author in one of the ways of use specified in this agreement, in the form of a complete edition;
f) the right to reproduce and distribute the work or parts thereof using digital storage and reproduction media, regardless of the technical equipment and including all digital and interactive systems (e.g., CD-ROM, CD-I, e-book and other forms of electronic publishing);
g) the right to otherwise reproduce and distribute as well as process, e.g., in calendars, in particular by digital, photomechanical or similar processes (e.g., photocopying);
h) the right to make the work available to the public in whole or in part by radio, such as sound and television broadcasting, satellite broadcasting, cable broadcasting or similar technical means;
i) the right to film and re-film, including the rights to adapt and/or further develop as a screenplay and to screen the film so produced.
In any type of sub-products of the work, the co-authors will be referenced.
(3) The fee is due immediately against invoice in US dollars. The publisher and the co-author may agree on payment by installments. Should the co-author be unable to make further payments, any installments already paid shall be deemed to be damages.
(4) Test and review copies are free of charge and are not subject to any billing obligation.
(5) With the payment of the fee, all financial claims of the publisher against the co-author arising from the present contract are settled.
(6) This also applies to the reimbursement of expenses, e.g., travel expenses, unless a separate written agreement is made in this regard. Shipping costs of the books will be borne by the co-author.
j) the right to feed and store the work in whole or in part in electronic databases, electronic data networks, telephone services, etc. and to make it available to many users through digital or other storage and transmission technology, in particular within the framework of so-called "on-demand" services. "On-demand" services, in such a way that they can receive the work or parts thereof on individual demand (in particular push-and-pull techniques) at short notice through a television, computer, mobile telephone and/or other device, including all transmission paths (cable, radio, microwave, satellite) and all methods (GSM, UMTS, etc.) and including all protocols (e.g., TCP-IP, IP, HTTP, WAP, HTML, etc.). Also included is the right, within the scope of the types of use mentioned in this agreement, to enable interactive use of the work or parts thereof, i.e., in particular individual editing, shortening, alienation, redesign and other modification – if necessary in connection with other works – by the user;
k) the right to perform the entire work or parts thereof, also in edited form, by third parties;
l) the reproduction and transmission rights arising from the work or its fixation on an image or sound carrier or from loudspeaker transmission or broadcasting;
m) the right to grant licenses for the exercise of ancillary rights, a) to l).
(7) The co-author also assigns to the publisher, respecting the work, rights to types of use unknown at the time of the conclusion of the contract.
(8) The publisher may transfer the rights granted to him under this agreement in whole or in part to third parties without requiring the consent of the co-author.
(9) The publisher's right to exercise or transfer ancillary rights pursuant to subsections 2 and 3 shall end upon the expiration of the primary right pursuant to subsection 1. However, the license agreements concluded by the publisher within the scope of the ancillary rights granted by this agreement shall remain valid in the event of termination of the agreement – regardless of the legal grounds – with the proviso that the rights to which the publisher is entitled from them shall pass to the co-author.
(10) Insofar as the publisher is granted the right to edit the work or have it edited in paragraph 2, he must refrain from impairments to the work that are likely to endanger the intellectual or personal rights of the co-author to the work.
8 Warranty, plagiarism:
(1) If there is a risk of legal infringement, in particular infringement of personal rights, regarding the scientific or opinionated statements or depictions of persons and events contained in the work, the co-author shall inform the publisher of this in writing upon delivery of the manuscript. If the co-author fulfills this obligation in full, the publisher shall bear the costs of any necessary legal defense. The publisher will support the co-author if a claim is made against him for such infringements, and the co-author undertakes to cooperate in the defense of such claims against the publisher. The co-author furthermore assures that his work does not infringe other rights of third parties either.
(2) The co-author further warrants that he is the sole and unrestricted owner of the rights to the work referred to in and that he has not made and will not make any disposition contrary to this agreement. In this respect, the co-author fully indemnifies the publisher against all claims of third parties.
9 Utilization of ancillary rights:
(1) The publisher shall not be obliged to exploit the ancillary rights granted to it’s pursuant to § 2 para. 2.
(2) If ancillary rights are exercised by the publisher himself in return for payment, the co-author shall not receive any share in the proceeds received by the publisher. If ancillary rights are exercised free of charge, the co-author shall also not receive any participation.
10 Prohibition of competition:
The co-author undertakes to refrain from any other publication of the work or parts thereof, in whatever form (printed, physical, electronic or online), during the term of this agreement without the prior written consent of the publisher. He further undertakes to refrain from publications with other publishers which, in terms of their subject, content, concept and appearance, appear likely to compete with the work and/or all other types of work or forms of use covered by the contract. The publisher may not refuse its consent contrary to good faith.
(1) The publisher shall be available to the co-author, if required, for promotional purposes of the work upon agreement for additional remuneration; any travel or accommodation expenses shall be borne by the co-author, unless reimbursed by a third party.
(2) As part of the promotion of the work, the co-author consents to the publication of his image.
(3) The co-author agrees to notify and coordinate with the publisher any requests regarding public appearances, interviews, or similar announcements in connection with the work. In addition, the co-author agrees to refer to the publisher and the title of the work in all public appearances, interviews or similar announcements when the work is discussed.
In the event of termination, the publisher remains entitled to sell any remaining copies of the work. However, the publisher is obliged to inform the co-author in advance of the number of these copies and to offer to take them over.
(1) If the nature of the work is such that it is intended to be updated or otherwise revised on an ongoing basis, the publisher shall notify the co-author in good time of when it intends to publish a further edition.
(2) The co-author will deliver to the publisher within 2 months after receipt of this notice, without additional compensation, a manuscript that considers the changes that have occurred in his or her field of expertise in contrast to the original manuscript version.
(3) Significant alterations, in particular regarding the layout or the scope of the work, require the consent of the publisher.
(4) The publisher is entitled to assign the editing to an expert third party at his discretion if the co-author is unable or unwilling to edit a new edition in accordance with paragraph 2, or if the co-author does not deliver the new edition within a reasonable grace period to be set in writing by the publisher after the editing period in accordance with paragraph 2 has expired. In this case, the publisher may retain the previous title of the work and the name of the co-author as author of the work even if one or more new authors are brought in to edit further editions.
(5) For reissues, the publisher shall receive the fee to which it is entitled in accordance with §§ 7 and 8 less the share to which the new editor is entitled.
(6) The rights of the co-author under this agreement, including the right to be named under section 16 (1), shall expire upon expiry of the period specified in section (5) sentence 1.
Reviews of the work received by the publisher will be sent by the publisher to the co-author at reasonable intervals of time.
15 Copyright notice, author attribution:
(1) The publisher shall identify the co-author as the author of the work appropriately and, when concluding license agreements, shall also impose a corresponding obligation on third parties, unless naming is dispensable pursuant to section 5 (4) because a third-party editor is to be regarded as the sole author.
(2) The publisher shall mark accordingly any editing by third parties within the meaning of section 5, paragraph 4, in which the third party acquires a co-authoring right, as well as a new edition produced in accordance with section 13, Paragraph 4, with the cooperation of a further co-author - the co-author hereby agrees to the naming of these people.
(3) The publisher is obliged to include the copyright notice in the sense of the World Copyright Convention when publishing the work.
16 Death of the co-author:
(1) If the co-author dies, the publisher's obligations under this contract shall be towards the heir designated by certificate of inheritance. Several heirs must name a joint authorized representative to the publisher. The rights of the heirs arising from this contract shall be suspended until the appointment of such a representative.
(2) If the co-author dies before completion of the manuscript for the first edition of the work, the publisher is entitled to withdraw from the contract. In this case, the heirs have no claim to remuneration; the publisher may reclaim any advance payments already made. However, the publisher is entitled to take over the existing manuscript parts and have them completed by a third party. If it is a work of fine arts, however, this requires the consent of the heirs.
(3) In the case of various co-authors, the publisher is entitled to the right of withdrawal in accordance with paragraph 2 regarding all of them if one of them dies.
17 Final provisions:
(1) The co-author is obligated to notify the publisher in writing of his/her current address with each change of residence by registered letter. For the publisher's notification obligations under this agreement and under the Copyright Act, the address of the co-author stated in the contractual heading or the address of the co-author last notified by registered letter shall apply.
(2) Amendments and supplements to this contract, including the waiver of this clause, must be made in writing, which may also be complied with through concordant declarations in letter form.
(3) The invalidity or ineffectiveness of individual provisions of this contract shall not affect the validity of the remaining provisions of the contract. In such a case, the parties shall be obliged to replace the invalid provision with one that achieves the economic and legal purpose intended by the invalid provision to the greatest extent possible. The same obligation shall apply if the contract contains a gap.
(4) The place of performance for all liabilities arising from this contract is agreed to be the registered office of the publisher's agent, currently in Dubai, UAE
The co-author must not have committed any criminal activities in the past. The co-author must inform the contractor in advance about any past criminal activities.
Concealing such activities, which are subsequently uncovered, may lead to exclusion from the project without reimbursement of costs. The costs will be retained as damages.