Business Contract Types

Business Contract Types

Affiliation

An agreement between the University and another entity, usually a nonprofit, where the parties jointly operate a shared program. Affiliation agreements include an ongoing governance mechanism and require approval from the Board of Regents. Examples include jointly operated medical residency programs, clinics, and laboratories. In some cases, an accreditation agency will require the other party to refer to a Student Placement agreement as an Affiliation, but such agreements do not require Regental approval.

Clinical Screening

An agreement with health-related entity (clinic) to provide fee-based clinical screening services, which typically requires business affiliate agreement (BAA).

Educational Instruction

An agreement to provide fee-based educational instruction to non-Berkeley students (primarily undergraduate and graduate students) in support of the University’s education mission.

Educational Outreach

An agreement to provide educational outreach to pre-University students (primarily K-12 or community college students) in support of the University’s public service mission.

Exhibition

An agreement with an entity (museum) to provide for the exhibition of art, collections, or other museum-related content, including science exhibitions.

Executive Training

An agreement to provide training to non-Berkeley students (primarily executives and post-graduate students). These programs typically do not provide credit towards matriculation, but may involve certification.

Facilities Use

An agreement granting an entity (usually commercial) permission to use unique University facilities on a fee-for-service basis. Test results generated under these agreements are exclusively owned by the outside entity, and the agreement must comply with APM-020 University of California Regulation 4.

Fee for Service

An agreement intended to accomplish a University business objective or govern a business activity that generates revenue for the University.

License

An agreement with an entity under which the IP owner (licensor) licenses the other party (licensee) to use intellectual property for a fee/royalty, includes Author License agreements to publish third party articles in University journals. Typically, BCBP handles copyright and trademark licenses, but not patents, which are handled by OTL.

NDA

An agreement to keep certain information confidential (also known as confidentiality agreement), typically associated with a primary undertaking governed by a separate agreement. BCBP handles NDAs for agreements submitted to BCBP. IAO handles NDAs associated with industry-sponsored research, as well as for proposals submitted to SPO.

Publishing

An agreement with an entity (publisher) to publish and distribute University content for a fee/royalty, which typically includes a copyright license.

Sponsorship

An agreement where an entity (sponsor) provides goods, services, and/or a financial contribution in return for approved recognition of the sponsor in University activities or events, typically with a campus department or division.

Sporting Event

An agreement with an entity related to an Intercollegiate Athletics event.

Student Exchange

An agreement to provide Berkeley students (either undergraduate or graduate students) with an opportunity to attend another educational institution, typically with concurrent enrollment in both institutions. These agreements may be binding or, in the case of no funds changing hands, non-binding MOUs.

Student Placement

An agreement to provide Berkeley students with internship placement opportunities and other similar learning and teaching experiences (e.g., hospitals, clinics, rehabilitation centers, elementary and secondary schools). In some cases, an accreditation agency will require the other party to refer to a Student Placement agreement as an Affiliation, but such agreements do not require Regental approval.

Teacher Training

An agreement to provide training to licensed/credentialed non-Berkeley teachers, or professional development trainings/workshops to district teachers.

Waiver

An agreement in which a party relinquishes a known right, or grants another party permission to exercise a specified right or rights, in exchange for something in return from the other party.