Publishers Contact

[publisher2009]

What is the name of your state (only U.S. law)? Florida

I am currently a advertising magazine publisher known as an "Area Publisher" on the south florida coast. Upon opening this business I contracted with what we call a "Master Publisher". The Master Publisher is the "go through" person for the printing and distribution of the magazine. Master publisher gets a discount on their own magazines, everytime an Area publisher prints.

At the point of opening as an Area Publisher, I signed a trial Area Publishers contract, and a non-compete, directly with the Master Publisher. After I published my first magazine, I was given a full Area Publishers Agreement.

My questions are: There is a non-compete statement in the full Area Publishers Agreement that is for 9 months and the previous non-compete was for 12 months. Which one is enforceable?

Also, at the time of these contracts, the Master Publisher was contacted with a "middle man" company to print, that "middle man" company is no longer in business. The Master Publisher now deals directly with the printer. This Master Publisher is requesting I sign a NEW non-compete, and a NEW Area publisher's agreement. But will not answer the question whether or not the old ones are still enforcable if I don't. My contracts were not with the "middle man" Company, They were with the Master Publisher directly. Could it be that since the Master Publisher changed companies for print and disribution that my contracts are no longer good, or enforcable?

[Zigner]

Originally Posted by publisher2009

What is the name of your state (only U.S. law)? Florida

I am currently a advertising magazine publisher known as an "Area Publisher" on the south florida coast. Upon opening this business I contracted with what we call a "Master Publisher". The Master Publisher is the "go through" person for the printing and distribution of the magazine. Master publisher gets a discount on their own magazines, everytime an Area publisher prints.

At the point of opening as an Area Publisher, I signed a trial Area Publishers contract, and a non-compete, directly with the Master Publisher. After I published my first magazine, I was given a full Area Publishers Agreement.

My questions are: There is a non-compete statement in the full Area Publishers Agreement that is for 9 months and the previous non-compete was for 12 months. Which one is enforceable?

Also, at the time of these contracts, the Master Publisher was contacted with a "middle man" company to print, that "middle man" company is no longer in business. The Master Publisher now deals directly with the printer. This Master Publisher is requesting I sign a NEW non-compete, and a NEW Area publisher's agreement. But will not answer the question whether or not the old ones are still enforcable if I don't. My contracts were not with the "middle man" Company, They were with the Master Publisher directly. Could it be that since the Master Publisher changed companies for print and disribution that my contracts are no longer good, or enforcable?

So, you have two (possibly three) different contracts that NONE of us are privy to, yet you are asking questions?

Take all of the contracts to a local business law attorney and get an opinion.

[publisher2009]

If I had $200 an hour and a $2000 retainer I would do absolutely that. But I dont that is why I am asking a question on this site. LOL. I guess my major question is: Do new contracts and non-competes over ride past agreements? For example signed 1st one in Nov. Signed new one in March. (New has no mention of the previous agreement). Does the new one override the past?

[Stevef]

Originally Posted by publisher2009

If I had $200 an hour and a $2000 retainer I would do absolutely that. But I dont that is why I am asking a question on this site. LOL. I guess my major question is: Do new contracts and non-competes over ride past agreements? For example signed 1st one in Nov. Signed new one in March. (New has no mention of the previous agreement). Does the new one override the past?

Does the new contract have a merger clause?

[publisher2009]

Originally Posted by Stevef

Does the new contract have a merger clause?

I am not sure I have yet to see the new publishers agreement, since I refused to sign the new non compete. I have asked several times why they need new agreements. All I get is the actual printer wants them worded a certain way, so they redid them. What I don't understand is I am not contracted with the printer I am contracted with their company, with no mention of the printer or distribution companies in any of the agreements.