A Guide to Commissioning Cultural Sector Research in the South West of England

Section 1

Section 2

Section 3

Section 4

Appendices

Section 3: MAKING THE RIGHT START

Step Ten: What is in a contract?

Essentially the contract should be a formalisation of a combination of the brief, the tender and any subsequent negotiations. It may also include corporate clauses or terms common to all contracts issued by your organisation.

"it was great to have the contract. I could just point to it and say 'tha'’s what we want, it’s there in black and white'. You can’t argue with that, can you?"
Commissioner

It should cover the following items, most of which will be found in the brief or invitation to tender, clearly and simply:

> aims and objectives of the project
> required outputs
> timetable, deadlines and milestones
> payment schedule
> budget
> definitions
> reporting procedures
> ownership or copyright
> insurance required
> procedures in the event of a dispute

"the contract was vital – we needed to be very clear about dates and delivery, where there was and wasn't flexibility, quantities (number of interviews etc), formats and questions and who owned the data"
Commissioner

It should come in duplicate, a copy for the commissioner, a copy for the researcher, each signed and dated by both parties.

It should be fit for purpose, drafted or adapted to cover the terms and conditions of the specific project, not simply a standard document.

Depending on the scale of the project, acceptable types of contract include a standard corporate contract with the project brief attached, a simple letter of contract or even an e-mail to be printed off, signed and returned.

The contract should be clear and relevant which sets out what is to be done, the agreed time and cost framework, and the mutual responsibilities between researcher and commissioner.

Health warning: it is not in the interest of either party to have no contract at all.

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