What an Agent Actually Does: The Agent/Client Contract

Hullo all, Mira here. Last month I shared about how agents choose who they represent.  I’m not sure if I spoke about how hard it is for us to reject clients. But trust me it is. Some of us procrastinate getting back to writers and illustrators because we’re just so busy and it’s just so hard to say no; especially, if we are empathic types. I’ve heard that it gets easier. I am looking forward to that but it kills me every time knowing personally how much heart and effort has gone into each submission.

This month I’d like to begin sharing about what agents actually do when they sign you. I’d like to start with the Agent/Client contract. 

First off, the Agent/Client contract should spell out what each side expects from the other. Contracts can vary quite a bit but below are some of the things that a contract will usually address:

• Whether the agent handles all of your literary work or just your children’s work.
• What percentage they take (usually 15-20% for writing, 20-25% for illustration or writing & illustrating)
• How that percentage increases or is divided to include sub agents fees for extra sales such as international sales or film (usually a 5-10% bump to cover sub agent fees).
• How long the contract is good for and what the criteria is for ending it.
• What happens to both sold and unsold work after the dissolution of the contract.
• How advances and royalties are distributed (usually the money goes to the agent who then distributes it to the client but some agents now ask publishers to pay their clients directly if possible).
• What happens if the client doesn't deliver, fails to meet their deadlines, or violates copyright laws (usually the client is held responsible and must return all monies already paid out).
• Who is responsible for costs such as mailing the work and other miscellaneous expenses (usually the client is responsible but agents sometimes don't bother invoicing for this. It depends on the amount).

Like history, most contracts are written to favor whoever is writing it. We’ll be talking a little about publishing contracts in a future post, but suffice to say that whether it’s an agent or publishing contract that you are negotiating, if you are not a big name, generally you are not going to be able to ask for too much so pick your battles so that you don't come across as either difficult or needy.

Any contract should be mutually beneficial; it should make the relationship clear and secure both parties so that both you and the agent are protected so that if an agent puts in a substantial amount of time on your work, she isn’t left high and dry if you decide to go elsewhere. Or if you do decide to go elsewhere your future works are protected. You are both putting your efforts on the line, so there should be an agreed upon set of goals and level of commitment. 

Trusting your agent and understanding that they are also putting their faith in you, your talent, and your ethics, while investing substantial unpaid time and heart in hopes of helping you get published for a small future commission is essential. If you are not comfortable signing an agreement with someone, then you should carefully consider whether or not you should be working with them professionally. The bottom line is, if it doesn’t feel right for you, then don’t do it.

In the literary world, most agents strive to support their clients on a variety of levels.  A contract is simply an extension of that pact.

I hope that this post has been helpful for you. Next month I'll be talking about how an agent goes about submitting you work. If you have any topics that you'd like to learn about, please let me know in the comments below. And as always, any comments are much appreciated.

Yours in children's book love and creativity  ~ Mira