What is a Grant Writing Contract?
A grant writing contract, like all legal contracts, is intended to provide protection to both the client and the grant writer. This means that the contract spells out the rights and obligations of each party along with any significant guidelines, limitations and conditions. When a client retains a grant writer’s services, the two are creating an employment relationship that comes with certain employer/employee responsibilities. Both the client and the grant writer must be clear and specific about what the offer entails so that there are no misunderstandings in the relationship. Protecting the rights of both the employer and the employee against potential contract disputes is an essential part of successful grant writing. Legally, a contract is one party’s offer and the other party’s acceptance of that offer. The grant writer offers his or her ability to search for and write grants and the client accepts by hiring the grant writer to begin work. With this being said , the written contract is simply the grant writer’s way of making the terms of the employment arrangement clearly and specifically delineated. All essential information such as payment, contract term and expected outcomes should be included in a grant writing contract. While it may not be necessary to have a formal grant writing contract for short-term projects, doing so is always advised for long-term contracts so that the terms of the agreement are clear and easily verifiable. Neither the client nor the grant writer is going to want to get into an interpretation battle down the road. If either party has a misunderstanding about the terms of the contract, it could mean a lot of wasted time and unhappy clients and employees. Having a clear and concise grant writing contract will save everyone a lot of headaches. A formal contract is also a safeguard to ensure payment for completed assignments that the grant writer has included in the contract. When clients are getting benefit from services, they’re more willing to pay for them.
The Basic Elements of a Grant Writing Contract Template
A contract template for grant writing can be an intimidating document for both grant writers and organizations, which often sign them. Even though they might have similar aspects in common, grant writing contracts need to include a few essential components to ensure everything runs smoothly.
Services Provided: The services are the most critical part of the contract. The grant writer needs to be able to define what services they’re offering and the organization needs to know what they agree to and don’t agree to. This section should include everything from what grants you’ll be applying for, where you’ll be looking for funding, and what your timeline looks like. For example, "The grant writer will provide assistance in writing and submitting a grant application that is located on CharityNet USA." This will give the reader a clear understanding of what services you’re offering.
Timelines: A timeline of when you’ll be completing the work for the organization with an end date can help everyone stay on task. But having specific dates also helps everyone stay accountable. Include when you’ll first be meeting with the organization, key dates for applications and the date when the overall project will be completed. For example, "The grant writer will provide a preliminary draft to the nonprofit within six weeks of the start date."
Compensation: This is arguably the most difficult topic to discuss with any offerer. If it’s not in the grant writing contract template, you’ll have to renegotiate the terms at every interview, which is a hassle. The terms are not only for the grant writer to include their preferred pay. It is also something the offerer needs to include in the initial grant writing contract template so the organization knows your work is worth the cost.
Confidentiality Agreement: As a grant writer or organization, you’ll likely come across sensitive information that shouldn’t be shared with the world. To protect everyone’s privacy, a confidentiality agreement within the contract template will benefit everyone. The confidentiality agreement should specifically state what information cannot be shared and what can be shared. For example, "Confidential information cannot be disclosed to any third party without the written consent of the other party."
Termination Clause If either party needs to terminate the contract, the termination clause should include how much notice you’ll need to give each other. The most common notice for a termination clause is a month’s notice, but feel free to adjust that to what works best for your organization. These are the terms that you’ll agree to if the terms of the contract aren’t being met, but it should also include what would happen if someone passes away and what would happen if one or both parties change contact information.
How to Customize a Grant Writing Contract
While the list of items included in a standard contract will usually remain the same, the description of work and the terms and conditions should be adjusted to fit the project you’re working on. You have to make sure that your contract fits not just the client but the specific details of the job as well.
Some grants and contracts will have specific requirements for a grant writer that you need to include in your contract. For example, if an organization asks you to follow a certain style guide you need to be sure that is indicated in the description of work. Likewise, if the client has special requirements for reporting on the grant that are different from your usual practice those should be noted in your deliverables section. For a government contract, for example, you might be required to submit a report with a specific amount of warning or a minimum number of drafts. Be sure to find out what your new client expects and communicate that expectation in your contract.
Also remember to take a look at your client’s grant submission schedule when writing your contract. Many grant writers are long term contractors, training their sights on a single grant each year. If your client has a November deadline you don’t want to include a request for report review in February.
The terms section can also be different depending on the particular grant project. Find out whether your new client pays by the hour or by the project, and what the expected length of the project will be. Also be sure to include any expenses that are covered in the contract and the methods of reimbursement. If your client will cover your travel expenses to a grant related meeting be sure to add a description to your contract, including a clause that states how and when you’ll be reimbursed.
Your contract is the first impression your client will get of you and the quality of your work, so think carefully about the descriptions of your project and just what parts of the job you’re including in the scope of work. Be honest about how much time you think you will need to complete the work, but be sure to stick with the budget that the grant has allotted you.
Legal Issues in Grant Writing Contracts
Grant writing contracts, like any other contract, carry with them certain legal considerations that must be taken into account. For example, intellectual property rights are often at the forefront of any grant writer’s mind. In this context, an IP owner will want to ensure that he/she/it has not inadvertently granted away certain rights in relevant technologies applicable to the project. From the grant writer’s perspective, an agreement should include specific terms mapping out rights to any work product generated by it. Although grant writers are not scientists or engineers, they should have a basic understanding of the IP implications of the project, and what the ultimate deliverables are going to be.
Dispute resolution mechanisms and choice of law/in forum selection clauses are another key consideration for either party . While not as significant in the context of grant writing contracts as they would be for, say, a collaborative research agreement, which typically involve multiple parties, they are worth mentioning as important legal terms that should be vetted by the grantee’s compliance office and/or legal counsel.
Whether a contract contains additional provisions, such as non-disclosure or non-competition clauses, is a matter best left to the grant writer’s discretion if he/she is not already working with the University’s Office of Sponsored Projects/Grants and Contracts Office. Lawyers on University legal counsel can certainly assist with complicated contractual terms, but for most grant contracts, the existence of reasonable and unambiguous terms should be sufficient to facilitate the execution of the agreement.
Mistakes to Watch for in Grant Writing Contracts
Using vague and ambiguous terms in the contract
Poor and unclear communication between the parties
Diverse interpretations of the contract terms
Not having an attorney review the terms
Not understanding the scope of work
Hiding additional or incidental costs in the contract
Not including clauses for dispute resolution and liability
Not requiring a deadline for completion of the work to be done
Not desiring a right to terminate the contract if expectations are not met
Not requiring the grant writer to maintain accurate and complete records of the work being done for billing and auditing purposes
Not requiring the grant writer to inform you of any potential conflicts of interests that might occur during the course of the grant writing
Not requiring the grant writer to keep your organization informed of any changes in policy, grant writing strategies, and what is going on throughout all phases of grant writing.
Grant writers should have adequate liability insurance and ensure that they are following legal and ethical rules and regulations concerning their duties to the client, grant foundation, and the public. If you believe your grant writer has violated the terms of the contract, you should be able to terminate the written agreement between you and your consultant. Good contracts should have a right to terminate clause that allows you to do so.
Using Templates to Save Time
Creating your own grant writing contract template from scratch isn’t the only way to build a custom document. For those who are looking to streamline the process and avoid the question of what to include in their contract, there are several solutions. One of the easiest ways to create a custom grant writing contract without starting from scratch is to use a pre-made template. Templates are contracts that have been written with the basics and generic details already filled in. All you need to do is plug in the specific details for your organization and client, and then choose to add or remove any elements that you don’t find necessary to your agreement. Using a template to create your contract will speed up the process of drafting and allow you to avoid missing any important elements that should be a part of your agreement. There are several places to find good quality templates for grant writing contracts online , and it’s certainly worth the time to do a search before you create your own document. Below are a few reliable sites to check out: LawDepot.com – A site that asks you questions and automatically generates your legal documents based on your responses. You’ll have the option to edit each area of your document until it meets your needs. Docracy.com – A website with a collection of open-source legal documents that you can search through to make sure you have the contract terms you need to protect yourself and stay organized. Rocketlawyer.com – A website where you can search for various different legal documents, and select and customize the document that you need. Grant writing contracts are important for freelancers, contractors, and even non-profits. Creating a custom contract from scratch can be time-consuming, and is not usually the best idea for the long-term success of your business. Using a pre-made template for your grant writing contracts will save you time while avoiding missing any details of your agreement.
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