AGREEMENT FOR A SINGLE STAGE IDEAS COMPETITION

mukiialice64
Samples legal papers
March 4, 2024

AGREEMENT FOR A SINGLE STAGE IDEAS COMPETITION

This Agreement (“Agreement”) is entered into on [date] by and between [Organizer name] (the “Organizer”), Tamayouz Excellence Award, a company organised under the laws of [country], and [client name], Dhofar Municipality, a company organised under the laws of [country] (the “Client”).

RECITALS

WHEREAS, the Organizer is organizing a single stage ideas competition (the “Competition”), for conceptual approaches and proposals, with the possibility of directly realizing the task or project.

WHEREAS, the Client is the client for the Competition.

WHEREAS, the Professional Advisor, Dhofar University, has been appointed by the Organizer to provide professional advice to both the Client and Organizer.

WHEREAS, the Author, any person submitting entries to the Competition, shall retain all design rights included in their submissions.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:

  1. Definitions
  • “Competition” means a single stage ideas competition which demonstrates numerous conceptual approaches and proposals, with the possibility of directly realizing the task or project.
  • “Organizer” means Tamayouz Excellence Award, organizing the architecture ideas competition.
  • “Client” means Dhofar Municipality, the client for whom the competition is organized.
  • “Professional Advisor” means Dhofar University, appointed by the Organizer to provide professional advice to both Client and Organizer.
  • “Author” means anyone submitting entries to the Competition.
  1. Intellectual Property
  • The Authors retain and reserve all design rights included in their submissions.
  • All material (images, texts, videos…) submitted to the Organizer becomes the property of the Organizer and the Client, including reproduction rights. The intellectual property rights remain the exclusive property of their author(s).
  • Entries remain the intellectual property of the competitors. The Client may use the designs only if the Author is commissioned to carry out the project. No design, whether or not awarded a prize, may be used wholly or in part by the Client except by agreement with its Author.
  • After the Competition, the winning project will be further developed and finalized by its Author in dialogue with the Client. In the further development, the idea of the project should neither be questioned nor be compromised.
  • All competitors must guarantee that their submitted entries do not violate intellectual property rights and that they are the authors of the submitted design.
  • Following a mutually assumed agreement, the Client, Organizer, and each competitor share the right to publicize competition entries, provided that the Authors, Organizer and the Client are mentioned.
  • The Client and Organizer have the right to retain all reproducible material (plans, photographs, and other materials in paper or digital form).
  • The Client shall publicize the competition results in the appropriate media outlets. The Client and the Organizer have the right to publish entry material (plans, visualizations, and photos, etc.).

 

  1. Payment Schedule:
    • The Client shall pay the Organizer the full amount of the budget for the competition, as specified in the Agreement, in the following instalments:
      • [25% of the agreed budget] upon signing of this Agreement
      • [25% of the agreed budget] upon completion of the completion of the draft brief.
      • [50% of the agreed budget] the day before the launch of the competition.
    • The Organizer shall provide the Client with an invoice for each instalment of the budget within [7] days of the completion of the relevant stage of the competition or project.
    • The Client shall pay each invoice within [14] days of the date of the invoice.
    • The Organizer shall have the right to suspend or terminate the competition or withhold any further services until any overdue invoice is paid.
    • The client may make a lump sum payment [100% of the agreed budget] within 14 days of signing the agreement, which will reduce the administrative and processing payments required.
    • If the Client fails to pay any instalment of the budget within the prescribed timeframe, the Organizer shall have the right to charge interest on the overdue amount at a rate of [insert interest rate] per month or the maximum legal interest rate permitted by law, whichever is lower.
    • The Organizer may, at its sole discretion, vary the payment schedule in the event of any changes to the scope of the competition or project or if the Client requests any additional services. Any such changes to the payment schedule shall be agreed to by both parties in writing.

 

  1. Confidentiality
    • Definition of Confidential Information: For the purposes of this Agreement, “Confidential Information” means any and all non-public information related to the competition and the project, including but not limited to business plans, financial information, technical data, customer and supplier lists, marketing plans, and any other proprietary information or materials.
    • Obligations of Confidentiality: The Organizer/Promoter and Client shall maintain the confidentiality of all Confidential Information and shall not disclose any Confidential Information to any third party, except as required by law or with the prior written consent of the other party. The parties agree to take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to limiting access to Confidential Information on a need-to-know basis, ensuring that Confidential Information is stored in a secure location, and implementing appropriate physical, technical, and administrative safeguards to prevent unauthorized disclosure of Confidential Information.
    • Exclusions: The obligations of confidentiality set forth in this Agreement shall not apply to any Confidential Information that: (a) is or becomes publicly available through no fault of the receiving party; (b) is already in the possession of the receiving party at the time of disclosure, as evidenced by written records; (c) is lawfully obtained by the receiving party from a third party without any obligation of confidentiality; or (d) is independently developed by the receiving party without reference to or use of the Confidential Information.
    • Term of Confidentiality: The obligations of confidentiality set forth in this Agreement shall survive the termination of this Agreement for a period of five (5) years from the date of termination, and shall continue to bind the parties and their representatives, employees, agents, and successors in interest during such period.

 

  1. Limitation of Liability
    • The Organizer/Promoter shall not be liable for any damages, losses, or expenses, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, arising out of or related to the competition or the use of the winning design or any other designs produced during the competition.
    • The Client assumes all risks associated with the competition and the development of the project. The Client agrees to indemnify, defend, and hold the Organizer/Promoter harmless from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to the Client’s participation in the competition or the use of the winning design or any other designs produced during the competition
  1. Governing Law and Jurisdiction
  • This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
  • Any disputes arising under or in connection with this Agreement shall be resolved by the courts of England.
  1. Commitments
  • Organizer’s Commitments.
    • The organizer shall ensure that all jury decisions are documented and the evaluation processes, as well as the rationale for jury decisions, shall be made available to all competitors and the public in the formal jury report.
    • The organizer shall ensure that regulations and conditions are identical for all competitors, and equal treatment of all competitors shall be ensured in all phases of the competition. The same information must be provided to all competitors at the same time during the competition process.
    • The organizer guarantees a professional evaluation of all submitted creative work by ensuring that the majority of the jury members are qualified professionals such as architects, landscape architects, town planners, and interior designers, with pertinent professional experience and qualifications at least equivalent to the standards required of the participants.
    • The majority of the jury members shall be professionals in the main discipline of the competition task.
    • The jury shall be established before the launch of the competition, and the names of the jury members shall be announced in the brief to avoid conflicts of interest or the appearance thereof.
    • The organizer shall guarantee publicity for the competition and promotion of the prize-winning projects.
    • The organizer shall guarantee the quality and status of jury members and the proper conditions for the working of the juries.
    • The organizer shall guarantee that competition documents are translated into the agreed languages.
    • The organizer shall guarantee support and assistance for prize-winners, irrespective of their nationality, so that they are engaged in an implementation and/or design process based on the ideas contained in their projects.
    • The organizer shall guarantee the client that the ideas, designs, and implementations of prize-winning projects meet the requirements of the competition.
    • The organizer shall guarantee payment of the prizes within the established timeframes.
    • The organizers and the professional advisor shall undertake to do what is required to encourage the client to engage the prize-winning team for the operational phase.
    • The organizer appoints The department of architecture at Dhofar University as the professional advisor committee of the competition, and the professional advisor committee does not judge but examines all the projects submitted in the country to prepare the work for the jury. Its members are confirmed before the launch of the competition. This committee may include city representatives and national experts.

 

  • Professional Advisor’s commitment
    • The Professional Advisor shall provide professional advice to both the client and Organizers in the competition process, ensuring compliance with the competition rules and ensuring that the competition is conducted fairly and transparently.
    • The Professional Advisor shall not participate in the judging process, but shall examine all the projects submitted in the country to prepare the work for the jury.
    • The members of the Professional Advisor Committee shall be confirmed before the launch of the competition and may include city representatives and national experts.

 

  • Client’s commitment
    • If the client intends to make use of the winning or any other scheme, he/she shall undertake some form of formal collaboration with its author.
    • Every competition participant undertakes a considerable intellectual, creative and economic effort in the hope of obtaining highest possible recognition in the form of a prize or mention for his or her work. For this reason
    • The client must make a clear declaration of intent concerning the outcome of an idea’s competition before the launch of the competition and the intent is declared in the competition brief and must offer the winner of the competition the chance to be awarded the commission for the design services, as outlined in the brief.
    • The client must state clearly how they intend to use the results of the competition.
    • The client undertakes to organize a first meeting with the prize-winning teams within 90 days after the official announcement of results. This meeting may take various forms and is the starting point for the client to initiate implementation processes with the prize-winning team on the ideas developed in the projects.
    • The operational follow-up consists of a series of events or stages: preliminary studies, workshops, urban studies, operational studies, construction and within a contractual agreement. If necessary, they may be implemented on another site than the competition site as long as the ideas of the prize-winning projects are maintained.
    • The prize-winning teams must comply with the professional rules that apply in the country where they are engaged to work. After the competition, the prize-winning teams must appoint one of their architect members as a representative, who is the sole spokesperson for the team with the municipality

 

  1. Term and Termination
    • Either party may terminate this Agreement at any time by giving written notice to the other party.
    • In the event of termination, the Organizer/Promoter shall retain ownership of all intellectual property rights to the competition and any materials produced during the competition.
    • Client shall pay all expenses related to the competition that have been incurred up until the date of termination.
    • Termination of this Agreement shall not affect the rights and obligations of the parties accrued prior to the termination.
    • Either party may terminate this Agreement by giving written notice to the other party if the other party breaches any material term of this Agreement and fails to remedy such breach within [insert number] days after receiving written notice of such breach from the non-breaching party.
    • The Client shall have the right to terminate this Agreement at any time by giving written notice to the Organizer/Promoter. In such event, the Client shall not be entitled to any refund of any amounts paid to the Organizer/Promoter.
    • If this Agreement is terminated by the Organizer/Promoter due to the Client’s breach, the Organizer/Promoter shall be entitled to retain any amounts paid by the Client and the Client shall have no right to any refund.
    • If this Agreement is terminated by the Organizer/Promoter for any reason other than the Client’s breach, the Organizer/Promoter shall refund to the Client any amounts paid by the Client that have not been used for the competition or project.
    • In the event of termination, the parties shall cooperate with each other to wind down the competition or project in an orderly manner.

 

  • Amendments
    • This Agreement may be amended or modified only by written agreement of both parties.

 

  • Force Majeure
    • Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, government regulations, war, terrorism, riots, epidemics, and natural disasters.

 

  • Notices:
    • The organizer reserves the right to amend the dates of the competition. Notice of any such changes shall be provided to all registered participants in a timely and effective manner.
    • Any notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, by registered or certified mail, or by electronic means to the addresses provided in this Agreement.
    • Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. Any attempted assignment without such consent shall be null and void.

 

  • Entire Agreement
    • This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral.

 

  • Counterparts
    • This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Tamayouz Excellence Award: _______________________________

Dhofar Municipality: _______________________________

Dhofar University: _______________________________

Author: _______________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A – COMPETITION REGULATIONS:

  • Declaration and avoidance of conflicts of interest:
    • Any potential conflicts of interest between the client and competitors or jury members and competitors must be recognized at the beginning of the procedure, declared and avoided.
    • Individuals employed by the client or a jury member, anyone closely related to the client, a jury member or the Professional Adviser and anyone involved in the preparation of the competition will not be eligible to compete or assist competitors.
  • Clarity of competition procedures and requirements:
    • Competition procedures, regulations, and requirements must be clearly stated and available to all.
    • Competition purposes and client intentions must also be clearly stated in the brief.
    • The brief and all competition documents must be written in the declared official language, and all competitors must use the same language for the entry documents.
    • The competition brief includes only information relevant and necessary to the task.
    • Competition requirements must be clearly specified and not open to misinterpretation.
    • Mandatory recommendations and evaluation criteria must be explicitly stated.
    • The Professional Advisor must ensure and prepare a precise and comprehensive brief prepared by the client, organizer, and the Professional Advisor.
    • A clear distinction shall be made between mandatory requirements and those permitting the competitor freedom of interpretation.
  • Exchange of information:
    • Individual exchange of information between competitors and jury members or the client is strictly prohibited.
  • Official language:
    • English is the official Language of the competition, this would guarantee the widest participation from authors around the world.
  • Time for competitors to develop proposals:
    • The brief should grant competitors the greatest possible liberty to perform their tasks.
    • Competitors should have sufficient time to ask questions as well as sufficient time to develop the project proposals following the receipt of the questions and answers (Q&A) document.
    • Competitors should have about one month from the closing date of registration before the deadline for submitting questions. d. Competitors should ideally have three months (two months minimum) from the date they receive the answers prior to the deadline for the submission of entries.
  • Contractual agreement:
    • Publishing the conditions constitutes a contract binding the client. b. By registering for the competition and delivering an entry, the competitors accept the regulations and conditions of the competition as stated in the brief and clarified in the Q&A document.
  • Requirements for entry:
    • The brief must precisely indicate the requirements concerning the number, nature, scale, metric system, as well as the dimensions of the documents, plans, models, and other materials that the competitors must submit.
    • Competitors are allowed to enter more than one project in the competition.
  • Collaboration and legal requirements:
    • It is also possible to envision that a professional association or a senior architect guarantees the work of the inexperienced winner.
    • In certain cases, a partnership or other relationship between the prize-winning architect and a local architect of the promoting country may be a legal requirement and must therefore be clearly stipulated as a condition in the competition regulations.
    • If the client intends to make use of all or part of the winning or any other scheme, the client shall consider some collaboration with its author. The terms of collaboration must be acceptable to the latter. Such intention must be clearly stated in the brief.
  • Jury evaluation and decision:
    • The jury shall examine the entries submitted anonymously on the basis of the evaluation criteria indicated in the brief.
    • The jury is autonomous in its decisions and sovereign in matters of evaluation. c. Its decisions are final and must be accepted by the client and the competitors.
    • The jury shall document and explain its rationale in the Jury report.

 

 

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )