Sample Letter of Agreement

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SAMPLE LETTER OF AGREEMENT
Opening paragraph: defines the parties to the agreement and the
purpose of the project. End with: This agreement supersedes any
previously dated agreement between these parties.
I. Parties
This Agreement is made this ______ day of ____________________,
(name of first party)
(year), between and among
(Sponsor), and
(name of second party)
(Composer).
II. Project Administration
A. During and at the completion of the Residency Period, Sponsor
agrees to:
1. provide its professional services as administrator of
the this program,
2. facilitate and coordinate the exchange of information
among all participants in this program,
3. meet periodically in person and by telephone with
Composer to plan, evaluate, and consider improvements to
the program,
4. plan and carry out publicity for this program,
5. cultivate regular and consistent contact with local and
regional constituencies,
6. maintain a documentary record (e.g., photos, recordings,
videos, programs, posters, news releases) of the
program,
7. oversee and carry out the premiere performance of the
Composition.
B.
During and at the completion of the Residency Period,
Composer agrees to:
1. cooperate with Sponsor to actively promote and advertise
this program,
2. as of the effective date of this agreement, grant to
Sponsor the right to use Composer’s name, likeness,
audio and audiovisual appearances, and biography in
connection with any promotion, advertising, and
documentation related to this program, and in any audio
or audiovisual program on Composer’s Residency Period
Sample Letter of Agreement
1
SAMPLE LETTER OF AGREEMENT
Opening paragraph: defines the parties to the agreement and the
purpose of the project. End with: This agreement supersedes any
previously dated agreement between these parties.
I. Parties
This Agreement is made this ______ day of ____________________,
(name of first party)
(year), between and among
(Sponsor), and
(name of second party)
(Composer).
II. Project Administration
A. During and at the completion of the Residency Period, Sponsor
agrees to:
1. provide its professional services as administrator of
the this program,
2. facilitate and coordinate the exchange of information
among all participants in this program,
3. meet periodically in person and by telephone with
Composer to plan, evaluate, and consider improvements to
the program,
4. plan and carry out publicity for this program,
5. cultivate regular and consistent contact with local and
regional constituencies,
6. maintain a documentary record (e.g., photos, recordings,
videos, programs, posters, news releases) of the
program,
7. oversee and carry out the premiere performance of the
Composition.
B.
During and at the completion of the Residency Period,
Composer agrees to:
1. cooperate with Sponsor to actively promote and advertise
this program,
2. as of the effective date of this agreement, grant to
Sponsor the right to use Composer’s name, likeness,
audio and audiovisual appearances, and biography in
connection with any promotion, advertising, and
documentation related to this program, and in any audio
or audiovisual program on Composer’s Residency Period
Sample Letter of Agreement
1
and/or this program, made by or under the authority of
the Sponsor, in which the composer may appear,
3. furnish Sponsor with a photograph suitable for scanning,
and a complete biography within 30 days of Composer’s
signing of this Agreement,
4. provide Sponsor with timely reports (every two months?
Quarterly?) on the status of the Composition and
residency activities (see section V. below), beginning
(date), and continuing for the duration of the Residency
Period,
5. submit a final written report and evaluation to Sponsor
upon completion of the Residency Period.
III. Financial Obligations
A. Sponsor makes the following Grant to Composer:
1. The sum total of (dollar amount), together with any
travel reimbursement under III.A.3. below, represents the
entire payment obligation of Sponsor for the commission
and residency. Sponsor will pay Composer the total sum in
installments of:
1/3rd upon execution of this Agreement
1/3rd upon delivery of the completed score of the
Composition (per IV.B. below) to the Sponsor in a
form satisfactory to Sponsor
1/3rd after the premiere of the Composition and upon
receipt of Composer’s final report and evaluation, as
set forth in II. B. 5. above.
2. Sponsor will reimburse Composer up to (dollar amount)
for preparation of full score and parts.
3. Sponsor will reimburse Composer for travel to the host
community, up to a total of (dollar amount) upon receipt
of documented expenses.
B. By signing this Agreement, Composer agrees:
1. to be responsible for all taxes pertaining to these
payments,
2. that s/he is receiving benefits from Sponsor by this
Grant, that s/he is bound by the terms of this
Agreement, and that all rights under Section II.B.2.
above are hereby granted.
C. If for any reason the Composer does not fulfill all the terms
of this Agreement (see VIII. E and F.
below), the Composer’s
sole liability to Sponsor shall be the refund of the fees
Sample Letter of Agreement
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paid, and upon such refund, neither party shall be under any
further obligation to the other party.
IV. Composition
A. In cooperation with the musical/artistic director of Sponsor,
Composer agrees to compose a musical work (Composition) as
specified in Attachment A.
Composition shall be
approximately ___ to ___ minutes in duration. Composer agrees
that the Composition will be written for the
instrumentation/scoring as set forth in Attachment A.
B. Composer will deliver one clearly legible, performance-ready
copy of the completed score of the Composition, and one
clearly legible, performance-ready copy of each instrumental
part, if applicable, extracted from this score to Sponsor on
or before (date--at least 90 days prior to premiere).
(See
Attachment A for specifications regarding score and parts.)
The preceding copy of the score and parts of the Composition
shall remain the possession of the Sponsor for its sole and
exclusive use, and shall not be given, loaned, sold, or
rented to any other party without the express written consent
of the Composer.
Composer shall keep and retain ownership of
the original manuscript copy of the score.
C. At its own expense, Sponsor will make photocopies or other
reproductions of score and parts as reasonably needed for
performance use.
Composer hereby grants permission for such
photocopying or other reproductions via Attachment B, which
shall be signed by Composer upon execution of this Agreement.
D. Sponsor and Composer agree that the credit on the title page
of all published and unpublished versions of the full score,
in all publicity materials and programs, liner notes to
recordings, radio, television and Internet broadcasts,
presentations of the Composition in premiere performance and
all subsequent performances, shall indicate that said
Composition has been commissioned by Sponsor.
This credit shall read:
“Commissioned by (sponsor) and premiered by (information
about premiere: performers, conductors, location, occasion)
with support from (funders and other supporters of
program)."
Sample Letter of Agreement
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E. Composer agrees to assist in preparing the above described
Composition for performance, to be on hand for consultation
during rehearsals, and to give presentations about the
Composition as part of the residency (see V. A. below).
F. Composer represents and warrants that, except for any text
owned by third parties and used by Composer after obtaining
permission from such owner, the Composition is Composer’s
original work which does not infringe upon any existing
copyright or any rights of any third party, and that Composer’s
execution of this Agreement and the rights conveyed herein
shall not interfere with, contradict, or contravene any
agreement that Composer has entered into with any third party.
G. Should the completed Composition include text, the text is to
be mutually agreed upon by the Composer and Sponsor.
If the
text is under copyright by any third party, it is the
responsibility of the Composer to secure any permissions
necessary for its use, and to pay for the cost of obtaining
such permission.
Such permissions shall be of sufficient
scope to cover all grants of rights in the Composition made by
Composer in this Agreement.
H. With the exception of the specific provisions set forth in
this Agreement, all parties agree that the copyright of the
Composition together with all rights not specifically granted
to the Sponsor herein are and remain the property of the
Composer, and further that the Composition is subject to a
performing rights license with American Society of Composers,
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), or
other performing rights organization.
All parties pledge to
take appropriate steps to protect of the Composer’s copyright
in connection with their uses of the Composition.
V. Residency
A. Composer and Sponsor
agree to carry out a residency plan in
the host community of up to (duration in weeks, months), not
necessarily continuous.
The residency will be designed in
such a way as to ensure that the Composer will become a
recognizable member of the host community.
The Residency
Period begins upon the signing of this Agreement and concludes
upon the premiere of the Composition.
A copy of the residency
plan is Attachment C.
Sample Letter of Agreement
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B. All costs for the residency, including meals, accommodations,
and local transportation, shall be borne by the Sponsor.
Composer travel to and from the host community will be
subsidized by Sponsor, pursuant to III. A. 3. above.
VI. Performances
A. The premiere of the Composition will take place on (date), at
(location).
Composer agrees to be in attendance.
Additional performance dates of the Composition as part of
this program are as follows:
B. Sponsor agrees to make an audio and/or video recording of the
Composition, and to provide Composer a copy of and right to
use said recording.
Said recording shall be made with the
highest quality technical means locally available to the
Sponsor. Sponsor shall make reasonable efforts to obtain all
necessary rights and permissions from contributors to such
recordings to permit all uses agreed to by Sponsor and
Composer.
Sponsor shall inform Composer of any permissions it
does not obtain.
C. All costs associated with these performances shall be borne
by Sponsor.
Such costs may include but are not limited to:
copying scores and parts, local publicity, venue rental,
performers’ fees, programs, performance license fees,
administrative overhead, and recording. Sponsor may recover
these costs through revenues that include but are not limited
to: ticket sales, advertising, sale of goods and services, and
contributions.
VII. Performance, Recording, and Broadcast Rights
A. Composer grants to Sponsor the exclusive right to perform the
Composition publicly without limitation or liability for
additional payments of any kind for a period ending (duration)
from the date of the premiere performance.
Composer further
grants to Sponsor a continuing, non-exclusive right to perform
the Composition publicly without limitation or liability for
additional payments of any kind for an additional (duration)
after the first anniversary of the premiere.
This paragraph
does not confer any performance, broadcast, publishing,
recording, or other rights in the Composition not specifically
Sample Letter of Agreement
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