Letter of Agreement
The following is my standard letter of agreement. If you are happy with these terms and do not feel that further negotiations are needed, please send me (as an email attachment) a signed copy of this letter, modified to the needs of your project, and I will send the appropriate digital image(s).
____________________
Date
______________________________________________________________
Your name, company, email address and phone number
John Gurche
19 Washington Street
Trumansburg, NY 14886
607-422-1676
Dear John Gurche,
The following letter of agreement will function as legal contract between _____________(the Client), as represented by me, and John Gurche (the Artist). I am interested in reproducing an image(s) of your reconstruction of _______________(the Image(s)) in the following publication ___________________ (the Publication).
It is agreed that this letter in no way binds the Client to use the Image(s). However, if the Image(s) is used by the Client, it does bind the Client to payment of the following fees to the artist within thirty days. It is agreed that one time reproduction of the Image(s) in the Publication is hereby authorized, contingent on the following conditions.
(1.) That the artist be paid a sum of $450 USD for each single page use or smaller, drawn on an American bank, within thirty days of the date of this agreement. Payment will be made by check or wire in (see bank details below). Discounts will apply as follows: 10% for use of five or more images.
(2.) It is agreed that reproduction of the Image(s) will be from a digital file which the Artist will supply. It is understood that the use granted for each Image is a one time, non-exclusive reproduction for the Publication in all media, and that any other usage would involve a separate negotiation. Promotional use of the Image(s) for the Publication is granted by this agreement. Use of the Image(s) in excerpts of the Publication is granted by this agreement. This agreement allows sublicensing of the Image(s) by the Client, as long as it is part of the Publication or its promotion or excerpts. The Image(s) may be used in a link to web pages promoting or containing the Publication. The Image(s) may be used on the Table of Contents page at 1/8 page size or smaller.
No reproduction is authorized for any project that does not have the title of the Publication (or a translation). No reproduction is authorized that is not under the editorial control of the Client. Reproduction for this Publication is allowed for the Client’s authorized licensees, affiliates and subsidiaries.
The Client agrees not to sell or distribute in any way the individual Image(s) outside the context of the Publication. The use granted here is for the interior of the Publication. Cover use is not authorized and must be negotiated with the artist in a separate agreement..
The Artist warrants that he owns the copyright to the Image(s).
Any disputes will be governed by the applicable laws of New York.
Copyright to the images will remain with the artist. The credit line will appear adjacent to the Image(s), and will read: © with the current year, John Gurche. Reproduction is granted when the Artist receives a signed copy of this agreement.
This agreement constitutes the entire agreement between the Client and the Artist with respect to the Image(s), and supersedes all other documents regarding use of the Image(s) by the Client.
Sincerely,
_______________________
Client representative’s signature and date
________________________
Artist’s signature and date
Bank Details
Bank Information
Bank Name: Community Bank, N.A.
Bank Address: 200 East Buffalo St.
Ithaca, NY 14850
USA
ABA #: 0213-0755-9
Account #: 2520202231
Account Name: John A Gurche
Bank Short Name: COMMUNITY BK SYR
For receipt of Foreign Wires: All Funds are wired through JPM Chase.
Swift Code: COUYUS31
For receipt of Foreign Wires: All Funds are wired through JPM Chase.
ABA # for JPM Chase 021000021
Swift Code for JPM Chase CHASUS33
Community Bank, N.A. is the Final Receiving Bank.
The Finance Department’s fax number is (315) 445-9386