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Consulting Agreements |
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If you are considering entering into a consulting agreement with a company in private industry,
please understand that your relationship with the company is personal in nature and that the
University is not a legal party to the agreement. As such, we strongly recommend that you
retain a lawyer to review the agreement to protect your best interests.
In order to help avoid confusion between your personal obligations to the company and your work here at the University, any consulting agreement with a company should contain the following language: "Notwithstanding anything herein to the contrary, Company agrees that CONSULTANT serves Company under this Agreement in his individual capacity, as an independent contractor, and not as an agent or representative of Washington University ("Institution"), that Institution exercises no authority or control over CONSULTANT while acting in such capacity, that Institution receives no benefit from such activity, that CONSULTANT and/or Company cannot and will not make use of Institution resources or Institution managed funding in acting in such capacity, that Institution is not a party to this Agreement, and that Institution makes no representations or warranties under this Agreement and assumes no liability or obligation in connection with any such work or service undertaken by CONSULTANT. Company further agrees that any breach, error, or omission by CONSULTANT acting in such capacity or otherwise under this Agreement, shall not be imputed or otherwise attributed to Institution. Moreover, nothing in this Agreement shall be read or understood to encumber, in any way, any intellectual property that Institution claims ownership of through the Institution’s Intellectual Property Policy (http://www.wustl.edu/policies/intelprop.html) as such may be amended from time to time." If you receive research support from an entity that subsequently wants to retain you,or someone under your supervision, as a consultant, disclose the change in relationship to the Disclosure Review Committee (Jeneane Braden (314) 747-4152). Furthermore, if you, or someone under your supervision, has worked for a company as a consultant and the company then wants to provide research support, report this to the Disclosure Review Committee. A major concern within the Office of Technology Management is the unforeseen transfer of valuable,and proprietary, knowledge to other parties without a mutual understanding of the long-term relationship. If you have any questions about the sharing or transferring of valuable knowledge to another party, contact OTM at (314) 747-0920. Please see the University policy on conflict of interest: University Policy on Conflict of Interest You may also want to see the Medical School policy on conflict of interest and the policy regarding conflict of interest as it applies to clinical research: Medical School Policy on Conflict of Interest Conflict of Interest Policy regarding Clinical Research Reference: "Consulting Agreement Guidelines and Statement of Washington University Policies" dated May 1, 2002. |
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