The Cooperation Agreement

Are you collaborating on a project as a creator, producer, or cultural organization? If so, it’s a good idea to establish clear agreements right from the start. You can set these out in a collaboration agreement. In this article, you’ll learn when to use such an agreement, what to include in it, and what to be especially mindful of when collaborating internationally.

This article was made possible thanks to Cultuur Oost and Marlous Roelofs, Esq. At the bottom of the page, you’ll find a template that you can download and adapt to your own situation.

When should you use a collaboration agreement?

For creative entrepreneurs and cultural organizations working together on a project, a contract is not a luxury. It sets out who does what, who contributes what, and how you’ll handle costs, risks, and results.

In many grant programs, a collaboration agreement is actually required. Therefore, always check the terms and conditions of the program. They often specify exactly which elements must be included in the agreement as a minimum.

Examples include:

• agreements regarding the division of roles
• the financial allocation
• who acts as the designated representative
• how to handle reporting and accountability

What do you include in a collaboration agreement?

A collaboration can involve two or more parties. You can adapt the format to accommodate the number of partners involved. Before you start writing, it’s a good idea to first take some time together to consider a few questions:

• What knowledge, time, or resources am I contributing?
• What is my interest in this project?
• What rights do I want to retain regarding knowledge, work, or products I have developed?
• What do the other parties think about this?

A good agreement not only describes what happens when everything goes smoothly, but also what happens if the collaboration runs into difficulties or ends prematurely. Clear wording prevents misunderstandings.

At a minimum, you must arrange for:

• The participants in the collaboration
• The objective of the project
• The method of collaboration (who does what?)
• The term of the agreement
• The parties entitled to the results
• The Allocation of Costs and Risks

For grant projects, you usually add the following here:

• The Distribution of Grant Funds
• Authorization for the designated representative

International Collaborations

Do you work with a partner from, say, Germany or Belgium? If so, there are additional considerations to keep in mind. Important questions include:

• Which law governs the agreement?
• What tax rules apply?
• What about sales tax, copyright, and intellectual property?
• How do you resolve disputes when a conflict arises?

💡 Tip: Explicitly agree on which country’s laws apply and in which country any disputes will be resolved. This prevents a lot of confusion later on.

In addition, European grant programs such as Creative Europe or Interreg have additional rules regarding reporting, ownership, and knowledge sharing. Read these terms carefully and explicitly include them in your agreement.

International collaboration sometimes also requires paying extra attention to cultural differences in communication and decision-making. Define expectations regarding planning, deadlines, and responsibilities as clearly as possible.

Collaboration Agreement Template

You can download the template for a collaboration agreement below. It was drafted and made available by Cultuur Oost and Marlous Roelofs, Esq.

• The Cooperation Agreement
• The cooperation agreement in cases involving a grant

Disclaimer

For this article, we drew on the knowledge and expertise of Cultuur Oost and Marlous Roelofs, Esq.