How Estorytellers Helped an Author Negotiate a Fair Agency Agreement

Signing with a literary agent is a milestone for any author. Yet, buried in agency agreements are clauses that can trap authors financially and contractually. Estorytellers has worked with countless authors at this stage, ensuring they understand the fine print before signing.

This case study explores how we helped one author secure a contract with capped expenses and a fair termination clause, allowing them to walk away cleanly if the partnership didn’t deliver results.

The Challenge

The author had received an offer of representation from a mid-tier agency. Excited about the opportunity, they were ready to sign—until a few clauses caught their eye:

1. Uncapped expenses: The agency could deduct “reasonable expenses” without clear limits.

2. Open-ended termination: Even if the author chose to part ways, the agency could still claim commissions on future works pitched during representation.

These clauses, while legal, tilted heavily in favor of the agency. Without careful review, the author risked losing control over both their money and creative future.

Estorytellers’ Intervention

When the author brought the draft agreement to Estorytellers, we carefully reviewed the language and flagged potential risks. Our advice included:

• Capping expenses: Negotiating a fixed annual cap on reimbursable expenses, ensuring transparency and predictability.

• Termination clarity: Introducing a clause that allowed the author to exit cleanly if no deals were secured within a set timeframe.

• Commission boundaries: Limiting the agency’s right to claim commissions only to deals they directly negotiated.

We coached the author on how to have this discussion professionally with the agent—asserting their needs without appearing distrustful.

The Outcome

The agency agreed to the proposed changes, resulting in a balanced, author-friendly agreement. The author signed with confidence, knowing they had financial safeguards and an exit strategy.

This negotiation didn’t just protect the author—it also laid the foundation for a healthier, more transparent relationship with their agent.

Key Takeaways

• Always review agency agreements with fresh eyes; enthusiasm should never eclipse caution.

• Simple revisions—like capped expenses and termination protections—can save authors years of stress and financial risk.

• Estorytellers empowers authors to negotiate from a place of knowledge, avoiding pitfalls that could derail careers.