Model Agreement Law Law and Legal Definition
A model agreement in a broad sense is a sample agreement to be used as a basis for an agreement in numerous situations. A model agreement, in labor law, is a collective bargaining agreement sometimes recommended by an employee organization to its locals to serve as a standard agreement for a certain geographic area or industry. It merely a model and not an adhesive text. The possibility that the text would be modified or altered in the course of negotiations to suit the needs of the parties is clearly contemplated.
Some of the benefits of model agreements include:
- Industry consistency: organizations involved in a given industry may use standard agreements similar or equal to those used by their competitors in order to increase industry-wide efficiency and improve client access to online content.
- Reduction in "negotiation" time: time may be saved in situations where similar or equal agreements are negotiated on an ongoing basis between an organization and a publisher.
- Cost savings: by saving time in negotiations, there is also a savings in expense. Further, by using model licenses, there may also be a savings in lawyers’ fees.
- Internal consistency: by using model licenses, an organization may ensure that their clients/patrons have equal access to various types of online content. As well, it makes it easier for the library, archive and museum to manage that license and ensure use of content according to the terms and conditions of the license.
- Reduction of legal risk: the use of standard agreements prepared in advance by a legal professional may reduce potential legal risks that may otherwise be present in situations where contracts are drawn up on an ad hoc basis, by individuals without legal training
- Potential for flexibility: by using schedules and annexes attached to the agreement, a library, archive or museum may incorporate a significant degree of flexibility into a standard agreement. Clauses that remain the same from agreement to agreement could be placed in the body of the agreement, whereas clauses that may be different in different arrangements with publishers could be reflected in a schedule attached to the agreement.
- Ease of updating: when a standard form agreement is used, an organization has the capability to maintain and update the agreement on a continuous basis as necessary.
- User-friendly: standard agreements may be drafted in plain English so non-lawyers have a better understanding of its terms and conditions.
- Greater certainty: when using a tried and true standard agreement, an organization is less concerned about legal issues and can focus instead on accessing the content they require.
