How can you identify non-profit contract types and clauses?

1 Grant agreements

A grant agreement is a contract between a non-profit and a grantor, usually a foundation, corporation, or government agency, that provides funding for a specific project or program. Grant agreements typically outline the scope, objectives, budget, timeline, reporting, and evaluation requirements of the grant, as well as the rights and responsibilities of both parties. To negotiate a grant agreement, you should review the terms carefully and clarify any ambiguous or unclear points with the grantor. You should also ensure that the agreement aligns with your mission, values, and capacity, and that you can comply with the grantor's expectations and conditions.

2 Partnership agreements

A partnership agreement is a contract between a non-profit and another organization, either non-profit or for-profit, that establishes a collaborative relationship for a common purpose. Partnership agreements usually define the roles, contributions, benefits, risks, and governance of the partnership, as well as the communication, dispute resolution, and termination procedures. To negotiate a partnership agreement, you should assess the potential value and challenges of the partnership, and communicate openly and honestly with your partner. You should also protect your interests and reputation by setting clear boundaries, expectations, and accountability mechanisms.

3 Service contracts

A service contract is a contract between a non-profit and a service provider, such as a consultant, contractor, or vendor, that specifies the scope, quality, price, and terms of the service. Service contracts often include clauses such as warranties, indemnities, liabilities, and confidentiality. To negotiate a service contract, you should evaluate the qualifications, reputation, and references of the service provider, and compare their offer with other options. You should also ensure that the contract reflects your needs and preferences, and that you can monitor and enforce the service delivery.

4 Beneficiary agreements

A beneficiary agreement is a contract between a non-profit and a beneficiary, such as an individual, group, or community, that receives the non-profit's services or products. Beneficiary agreements usually describe the eligibility criteria, application process, selection process, delivery method, and feedback mechanism of the service or product, as well as the rights and obligations of both parties. To negotiate a beneficiary agreement, you should consult with your beneficiaries and involve them in the design and implementation of your service or product. You should also respect their dignity, autonomy, and diversity, and ensure that the agreement is fair, transparent, and accessible.

5 Non-disclosure agreements

A non-disclosure agreement (NDA) is a contract between a non-profit and another party, such as a donor, partner, service provider, or beneficiary, that prohibits the disclosure of confidential or sensitive information. NDAs usually identify the information that is subject to the agreement, the purpose and duration of the agreement, the exceptions and limitations of the agreement, and the consequences of breaching the agreement. To negotiate an NDA, you should determine the necessity and scope of the agreement, and balance the protection of your interests with the trust and transparency of your relationships. You should also avoid signing any NDA that is overly broad, vague, or restrictive.

6 Intellectual property agreements

An intellectual property (IP) agreement is a contract between a non-profit and another party, such as a donor, partner, service provider, or beneficiary, that defines the ownership, use, and transfer of intellectual property, such as patents, trademarks, copyrights, or trade secrets. IP agreements usually specify the types and sources of IP, the rights and obligations of each party, the licensing and royalty arrangements, and the dispute resolution and termination clauses. To negotiate an IP agreement, you should identify and document your existing and potential IP, and assess its value and relevance to your mission and goals. You should also protect your IP rights and interests by registering, licensing, or assigning your IP appropriately.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?