Consulting agreements define the terms and conditions of the service an individual is contracted to perform. University policies determines permissible faculty member consulting activities (see sidebar).
- As a result of the classification of a consulting agreement as a personal contract, the university does not negotiate consulting agreements.
- At the request of a faculty member, Boston College Office for Technology Transfer and Licensing (OTTL) reviews consulting agreements for potential conflicts of interest:
- Consulting Agreement v. Sponsored Research contracts
- Compliance with Boston College Intellectual Property Policy
Noteworthy Areas of Concern
- Consulting agreements that cover work specific to a particular company:
- Performing work on the same subject matter for more than one company is typically not permitted.
- Consultants should not be barred from working with other companies on different subject matters though.
- Clearly defining scope of work and performance time.
- Any and all rights owned by Boston College cannot be transferred under the consulting agreement and in the event of conflict, the university’s rights and policies shall prevail.
- Defining intellectual property rights:
- Consultants typically do not retain any intellectual property rights.
- Consulting may not be performed on university premises, conducted using university resources, personnel or students.
- Protection of rights regarding termination, indemnification, publicity, and advertising.