Template for a Memorandum of Agreement – generic
[Note - To be used where the provision contributes to the award of academic credit or the
award of a degree from King’s. This MoA creates a legally binding contract between the
parties.]
[Insert Partner
Institution logo, if
appropriate]
Memorandum of Agreement
This Agreement is made between:
KING'S COLLEGE LONDON, a university with charitable status established under royal charter
and having its office at Strand, London WC2R 2LS ("King’s"); and
[INSERT PARTNER INSTITUTION NAME, registered office details] ("[insert definition for
Partner Institution]"),
each a "Party" or collectively the "Parties".
Background
[Note - insert any background information on the partner institution/ partnership as
appropriate, e.g. covering background to the relationship, outline of intended aims of
entering into the Agreement, or details of any early negotiations / MoU entered into. This
should cover the institution-level agreement. Details of individual programmes/activities
are set out in the separate "Activity schedules", to be attached.]
IT IS AGREED as follows:
1.
Definitions and Interpretation
1.1
In this Agreement, the following words shall have the meaning given:
“Academic Regulations” means the regulations approved by the Academic Board of
King’s and which provide the framework for the conduct of King’s academic activities
[and XXXXX Partner Institution equivalent (if relevant)].
“Academic Year” means the twelve months from 1st August until 31st July unless
otherwise stated.
“Activity” refers to the total shared activity conducted under this Agreement, as
described and further defined in the Activity schedules agreed from time to time
between the Parties.
“Agreement” means this agreement and any schedules and appendixes attached
hereto that shall be deemed to form a part of this Agreement.
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"Applicable Laws" means, in relation to a Party, all legislation, law, regulations, and
legally binding codes of practice applicable to that Party from time to time.
"Cohort" means a cohort of students studying on a Programme within the shared
Activity governed by this Agreement.
"Data Protection Legislation" means Applicable Laws relating to privacy and data
protection.
“Fee income” means any tuition fees payable by students for the Programme(s), as
specified in the applicable Activity schedule(s).
“Force Majeure” means an occurrence or circumstances beyond the reasonable
control of that Party, including, without limitation, acts of God, arbitrary governmental
action, war, terrorism, industrial disputes, fire, flood, and national emergencies.
“Intellectual Property Rights” means any patent, copyright (including moral rights),
design, trade mark, rights to apply for registration under a statute in respect of those or
like rights (including renewals and extensions) and rights to protect trade secrets,
knowhow, goodwill and confidential information.
“Programme” means a programme of study delivered in collaboration between the
Parties as part of the Activity covered by this Agreement that provides a coherent
learning experience and contributes to the award of academic credit or leads to an
award, as set out in an attached Activity schedule.
1.2
To the extent of any inconsistency or conflict, the provisions of the main terms and
conditions of this Agreement take precedence and shall prevail over the schedule(s).
2.
The Activity
2.1
The Parties will be jointly responsible for determining the contribution of each Party to
the shared Activity governed by this Agreement in accordance with its legally binding
terms and conditions. Each Party's contribution will be as set out in the Activity
schedule(s).
2.2
The Parties shall collaborate to deliver the Activity, exercising reasonable care and
skill, and in compliance with Applicable Laws, and following any codes of practice
relating to quality assurance and accreditation that may be applicable to each Party
and/or awards in relation to any applicable Programme.
2.3
Approval, modification, monitoring and assessment of each Programme will be carried
out in accordance with the normal regulatory and quality assurance processes at both
Parties, further details of which will be set out in the applicable schedule. Arrangements
for academic appeals and student complaints will also be specified in the applicable
Activity schedule.
2.4
Each Party will be primarily responsible for ensuring that each Programme meets the
quality assurance requirements applicable to it. Any such requirements shall be
recorded in the Activity schedule(s). Each Party shall cooperate with the other to
support King's in meeting its obligations with any requirements for review, inspection or
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audit by authorised agencies (including, in the case of King's, the UK Quality
Assurance Agency).
2.5
King’s and [XXXXX i.e. Partner Institution] will be jointly responsible for determining
any admissions requirements as necessary. Details of the admissions arrangements
for each Programme are given in the Activity schedule(s). Students will be enrolled in
accordance with the regulations and procedures governing the Programme as
identified in the Activity schedule(s).
2.6
Students will be enrolled and registered in accordance with the provisions of the
applicable Activity schedule. Unless otherwise agreed in the appropriate Activity
schedule, it is anticipated that:
2.6.1
each Student shall be recognised as a student of the applicable Party (that
is: the Party delivering a part or the whole of a Programme) when studying
there for the purposes of that Party's student contract, complaints, academic
regulations and appeals processes, including its student regulations and
Academic Regulations; and
2.6.2
both Parties shall make their Academic and student regulations known to
students.
2.7
Each Party shall ensure that there are sufficient numbers of staff available to deliver
the elements of the Programme(s) for which they are responsible and that such staff
are suitably qualified to deliver those elements. Each Party shall supply the other with
the names and details of staff who will be likely to be involved in the different
Programmes at the beginning of a new Academic Year.
2.8
Both Parties recognise that these details are subject to change over time and shall
ensure that no such changes are detrimental to the Programme(s). Staff will not have
automatic right of access to the other Party’s facilities and training, although any
requests for such access will be negotiated on an individual basis.
2.9
The administrative lead contact for each Party for matters concerning this each
Programme and the respective roles, responsibilities and obligations of each Party for
the Programme being offered are set out in the Activity schedule(s) attached.
2.10
Each of the Parties will maintain the infrastructure necessary and appropriate to
perform its obligations under this Agreement, including maintaining appropriate levels
career advisory services, information technology capabilities and physical facilities that
accord with the quality of the high calibre collaborative provision envisaged by this
Agreement.
3.
Finances
3.1
The financial arrangements for each Programme shall be set out in the relevant
schedules and, where applicable, any Business Plan attached to the Activity schedule
as an appendix.
3.2
Unless otherwise agreed (and detailed in the applicable Activity schedule):
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3.3
3.2.1
students will be charged the tuition fees applicable at the Party where they
study and are registered as in attendance;
3.2.2
students will themselves be responsible for any expenses incurred as a
result of their participation in the Programme, e.g. travel and
accommodation. Any assistance towards such expenses will be at the
discretion of the relevant Party and an indication of the level of these costs
will be provided to prospective students;
3.2.3
in the event that fee income is to be shared between the Parties, each
Party's share of fee income will be determined by further written agreement
between the Parties and calculated on the basis set out in the relevant
Activity schedule; and
3.2.4
a named member of staff shall be responsible for the collection and
disbursement of the relevant share of fee income on receipt of a valid invoice
from the other Party in accordance with any terms and conditions for the
Programme set out in the relevant Activity schedule.
The Parties shall use reasonable endeavours to cooperate to structure their
relationship in such a way as to ensure that neither Party becomes subject to taxes or
lose any non-profit status enjoyed by that Party. Subject to Applicable Laws, the
Parties intend and expect that any monies to be paid to the Parties pursuant to this
Agreement will be attributable in whole to activities performed by the Party in its home
country.
[Note - Additional clauses on fee arrangements can be included under ‘Financial
arrangements’ in the relevant Activity schedule]
4.
Confidentiality
4.1
Each Party will keep confidential the terms of this Agreement and any other information
disclosed to it by the other Party which is marked as confidential or should reasonably
be perceived as being confidential because of its nature and manner of disclosure, and
undertakes not to reveal, report, publish, disclose or transfer or use for its own or any
other purposes confidential information received from the other Party except where the
confidential information:
4.2
4.1.1
is in the public domain otherwise than by breach of this clause;
4.1.2
came into possession of the receiving Party before these confidentiality
obligations came into effect, or was developed independently by the
receiving Party, or obtained from a third party by it; or
4.1.3
is disclosed by requirement of law or statutory obligation, including, in the
case of King's, where required to be disclosed under the Freedom of
Information Act 2000.
The Parties’ obligations under this clause shall survive the termination of this
Agreement.
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5.
Intellectual property
5.1
King's recognises and acknowledges [XXXXX i.e. Partner Institution]'s sole ownership
and rights in the “[insert name of Partner Institution]” name and associated logos,
service marks and trade marks, including all Intellectual Property Rights and goodwill
therein (whether pre-existing or arising as a result of use in relation to the Activity).
5.2
[XXXXX i.e. Partner Institution] recognises and acknowledges King’s sole ownership
and rights in the “King's” and "King's College London" name and associated logos,
service marks and trade marks, including all intellectual property rights and goodwill
therein (whether pre-existing or arising as a result of use in relation to the Activity).
5.3
Each Party agrees not to seek to register, dispute or contest the right and title of the
other Party to the marks referred to above. Each Party licenses the other on a nonexclusive, royalty free basis for the term of this Agreement to use the marks referred to
above on approved marketing and promotional materials in connection with the Activity.
Any such use is subject to the pre-approval (or rejection) of the licensing Party.
5.4
As between the Parties, any teaching materials or other course materials made
available by a Party or its staff to the other Party (including the Intellectual Property
Rights in such materials) will be owned solely by the providing Party or faculty (or their
licensors) and may only be used in connection with the relevant Programme within the
Activity and for no other purpose. Materials that are shared between the Parties for the
Activity will be provided to the receiving Party on a royalty-free basis, on an “As Is”
basis, without rights of transferability or sublicensing to third parties.
6.
Data protection
6.1
Each Party shall comply with any notification and registration requirements and shall
duly observe all its obligations under Data Protection Legislation in respect of personal
data processed in relation to this Agreement.
6.2
Each Party shall ensure that it has in place appropriate technical organisational and
contractual measures to ensure the security of personal data processed in connection
with the Agreement and to guard against unlawful or unauthorised processing,
accidental loss or destruction of, or damage to, the personal data.
6.3
Each Party shall respond appropriately and in accordance with Data Protection
Legislation to any request or complaint which is received by it about the processing of
student data, and shall promptly and at its own expense provide all reasonable
assistance to the other Party in doing so. The Parties agree to cooperate with one
another if necessary in respect of any request or complaint received.
6.4
Each Party shall ensure that, where collecting personal data from students, it secures
all necessary consents and permissions to permit the lawful sharing and transfer of
such personal information with the other Party.
6.5
Each Party shall co-operate and provide to the other all necessary assistance as may
be reasonably requested by the other to enable the other to comply with its obligations
under the Data Protection Legislation applicable to it.
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6.6
The Parties agree that the transfer of personal data may be necessary in relation to
any Programme to:
6.6.1
help prospective students with a view to entering the student contracts;
6.6.2
facilitate enrolment; and
6.6.3
facilitate assessment and progression.
6.7
Prospective students' and students' personal data provided by either Party to the other
will only be used by the receiving Party to fulfil both Parties' obligations in relation to the
relevant Programme(s). Students’ information and records will only be retained for as
long as is lawful and reasonably necessary.
7.
Freedom of Information
7.1
[Where Partner Institution is also public authority under FOI, eg UK institutions]
Both Parties acknowledge that they are subject to the requirements of the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004 (together
“FOIA”).
Each Party shall provide all necessary assistance as reasonably requested to enable a
response to a request for information made under FOIA within the time for compliance
set out in FOIA.
OR
[Where Partner Institution is not a public authority under FOI, eg international
partners]
[XXXXX i.e. Partner Institution] acknowledges that King’s is subject to the requirements
of the Freedom of Information Act 2000 and the Environmental Information Regulations
2004 (together "FOIA") and [XXXXX i.e. Partner Institution] agrees that it shall (at its
own expense) co-operate and provide to King’s all necessary assistance as may be
reasonably requested by the latter to enable King’s to comply with its obligations under
FOIA.
[XXXXX i.e. Partner Institution] acknowledges that King's may in its absolute discretion
disclose information relating to [XXXXX i.e. Partner Institution], the shared Activity or
this Agreement under FOIA. King's will use reasonable endeavours to consult [XXXXX
i.e. Partner Institution] and take [XXXXX i.e. Partner Institution]'s views on such
disclosure into account.
8.
Warranties
8.1
Each Party warrants to the other that:
8.1.1
it has due power and capacity to enter into this Agreement and to grant the
rights granted under it;
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8.1.2
all appropriate approvals, internal and external, required to enable it to
participate in the Programme(s) have been obtained;
8.1.3
as at the date of this Agreement, its proposed contribution to the shared
Activity does not to the best of its knowledge and belief violate Applicable
Laws or regulatory requirements to which that Party is subject in its own
country or jeopardise its accreditation or non-profit status;
8.1.4
it shall notify the other Party upon any change in Control (as defined in
clause 10.2.4) or ownership, change in status, or change in degree awarding
powers; and
8.1.5
it shall perform all its responsibilities under this Agreement with promptness,
diligence and in a professional manner.
9.
Liability
9.1
Neither Party shall be liable to the other for any indirect or consequential loss,
damages, claims or demands arising out of this Agreement, including without limitation
any loss of income, profits, business, opportunity or goodwill no matter how arising.
For the avoidance of doubt, the terms and conditions in this Agreement are agreed to
be in lieu of any warranties, obligations or conditions implied by law, trade usage,
custom or otherwise.
9.2
Each Party shall have and maintain in force adequate policies of insurance with a
reputable insurance company to cover legal liability in respect of any act, omission or
default for which it may become liable in the course of and as a result of the
arrangements contemplated by this Agreement and shall make copies of such policies
available to the other Party upon request.
10.
Duration and termination
10.1
This Agreement shall come into force on the first date after both Parties have signed
the document and shall be effective for a period of [insert duration of the Agreement
– note this relates to the term of the overall relationship, and not the length of
individual programmes unless terminated earlier in accordance with the terms of this
Agreement. The Parties shall review this arrangement a minimum of six months prior
to the scheduled date of expiry to assess whether or not an extension is desirable.
10.2
This Agreement may be terminated by either Party:
10.2.1
by giving reasonable prior notice of such termination of not less [60 working
days] to the other Party, such notice to expire at the end of an Academic
Year;
10.2.2
by giving notice in writing to that effect to the other Party if the other Party is
in material breach of its obligations under this Agreement and fails to remedy
such breach within thirty (30) days of receiving notice from the Party not in
breach which clearly identifies and gives details of the breach;
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10.3
10.2.3
if there are no longer any students pursuing any of the Programmes set out
in the schedule or if there are no Programme(s) being run;
10.2.4
if the other Party has a change of Control. "Control" means the power to
direct the actions of a party, whether as a result of the ownership of shares,
control of the board of directors, contract or any powers conferred by the
articles of association or other constitutional documents of a party; or
10.2.5
in other circumstances by the mutual agreement, in writing, of both Parties.
Individual Programme(s) (and the applicable Activity schedule(s)) may be terminated by
either Party:
10.3.1
in accordance with the applicable Activity schedule's terms;
10.3.2
if there is no longer a student pursuing the Programme, or if student numbers
on the Programme drop below a level which means that the Programme is
no longer academically or financially viable;
10.3.3
by giving notice in writing to that effect to the other Party if the other Party is
in material breach of its obligations under the applicable schedule and fails to
remedy such breach within thirty working days of receiving notice from the
Party not in breach which clearly identifies and gives details of the breach; or
10.3.4
in other circumstances by the mutual agreement, in writing, of both Parties.
10.4
For the avoidance of doubt, subject to clause 10.2, termination of an individual Activity
schedule shall not affect the operation of any other Programme(s) or the remaining
shared Activity under this Agreement. Any termination notice should clearly indicate
whether or not it applies to the Agreement as a whole, or the individual Activity
schedule.
10.5
Consequences of termination. The Parties agree that, in the event of a termination of
this Agreement (or any individual Activity schedule(s) – in which case the provisions below
shall apply in relation to the individual Programme(s) only):
10.5.1
no new students shall be admitted to any Programme and all promotion,
marketing or advertising of the Activity and the Programme(s) shall cease;
10.5.2
both Parties shall fulfil all of their obligations under the Agreement for
teaching, assessment and other commitments until such time as all the
students then registered for the affected Programme(s) have completed the
Programme, even if such obligations must be fulfilled following termination.
Where this is impossible, the Parties shall negotiate and cooperate in good
faith to agree a solution which ensures the minimum disruption to registered
students. [Where termination arises from a breach by a Party, that Party
shall bear the costs of any teach-out period];
10.5.3
each Party shall cease all use of the other Party's proprietary materials
(including teaching materials), trade marks, name, logo, and crest, except to
8
the extent needed for the limited purpose of allowing students to complete the
affected Programme(s); and
10.5.4
each Party shall provide upon request any information about the Activity
required and requested by the other Party for the purpose of fulfilling
obligations to students or meeting legal, regulatory or reporting requirements.
10.6
Provisions that by their nature should or impliedly survive the termination or expiration
of this Agreement, shall (unless otherwise provided in this Agreement) continue to
apply after termination or expiration of this Agreement
10.7
Termination shall be without prejudice to any claims which either Party may have
against the other Party for breaches of obligations that may have been committed
under this Agreement prior to the date of termination.
11.
Dispute resolution
11.1
In the event of any dispute arising in connection with this Agreement, the Parties will
endeavour to settle such matters amicably between themselves in good faith. Should
they be unable to do so within a period of thirty (30) days of the issue first being
referred by one Party to the other in writing, the Parties agree to enter into mediation to
settle such a dispute and will do so in accordance with the Centre for Effective Dispute
Resolution (CEDR) Model Mediation Procedure. The commencement of a mediation
will not prevent the Parties commencing or continuing court proceedings.
12.
Amendments
12.1
This Agreement may only be amended by written agreement signed by a duly
authorised representative of each Party.
12.2
Where an Activity schedule is amended or added to this Agreement then the Parties
must indicate their agreement by means of an exchange of letters or by signing the
relevant schedule on behalf of both Parties. All other terms and conditions shall remain
the same as agreed and signed in this Agreement.
12.3
The Parties agree to update each other on any relevant changes to their institution or
educational environment which may impact on the learning opportunities for students.
13.
Marketing and publicity
13.1
A campaign of marketing and publicity for the Activity is to be agreed separately and
any marketing and publicity for Programme(s) shall be detailed in the relevant
schedule(s). The Activity and each Programme will be advertised on both Parties'
websites unless agreed otherwise. The content of any advertising material will be
agreed by both Parties who will ensure the accuracy of the content of such publicity
and promotional material.
13.2
Unless otherwise agreed in the relevant Activity schedule, both Parties’ logos will
appear on all publicity materials relating to the Activity and each Programme, but
neither Party shall use the other’s name, crest, logo, trademark or registered image, or
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the name of any of its staff or students for any purpose without the express written
permission of that Party.
14.
Notices
14.1
Any notice under the terms of this Agreement shall (unless otherwise provided) be in
writing and shall be delivered in person, sent by electronic means or registered mail,
properly posted and fully prepaid in an envelope properly addressed as follows:
[Insert name]
[Insert name]
[Insert position]
[Insert position]
For King’s College London
For [XXXXX i.e. Partner Institution]
14.2
Any such notice shall be in the English language and shall be considered to have been
given on the first working day of actual delivery or sending by facsimile or in any other
event within seven working days after it was posted in the manner specified. The
addresses for any such notice are for King’s and for [XXXXX i.e. Partner Institution] as
specified above.
15.
General legal terms
15.1
Compliance with Applicable Laws. Each Party will be solely responsible for
compliance by its facilities within its home country of all Applicable Laws, including but
not limited to, health and safety legislation and codes of practice. Each Party affirms its
commitment to working sustainably with the environment and complying with all
applicable environmental laws, codes of practice and regulations.
15.2
Non-discrimination. The Parties agree to ensure in running the Activity to respect the
principle of non-discrimination for students, faculty, and staff, and neither Party shall
unlawfully discriminate on the basis of race, colour, national origin, religion, sex, age,
disability, sexual orientation, or other form of discrimination prohibited by civil rights
principles recognised in each of the Party’s countries.
15.3
Prevention of corruption. Each Party agrees that in connection with this Agreement it
will not offer, promise or give anything of value to any government official or to any
person for the purpose of obtaining or retaining business or receiving favourable
treatment.
15.4
Force majeure. Neither Party shall be liable for delay or failure to perform any of its
obligations under this Agreement insofar as the performance of such obligations is
prevented by Force Majeure. A Party prevented or delayed from performing its
obligations under the Agreement by Force Majeure shall promptly notify the other Party
in writing and make every reasonable effort to minimise the effects thereof and shall
promptly resume performance as soon as reasonably possible after the Force Majeure
ceases. Either Party may, when the period of non-performance or delay exceeds sixty
(60) days from the date of notice of the Force Majeure event, terminate the Agreement
at any time by giving written notice to the other Party.
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15.5
Assignment / sub-contracting. This Agreement shall not be assigned, transferred,
charged or otherwise dealt with by either Party without the prior written approval of the
other Party. Neither Party may sub-contract or delegate any or all of its obligations
under this Agreement (including delegation of the delivery of learning opportunities to
students) without the prior written approval of the other Party.
15.6
Third parties. No legal person other than King's and [XXXXX i.e. Partner Institution]
shall have any rights to enforce the terms of this Agreement.
15.7
Waiver. Failure or neglect by either Party to enforce at any time any of the provisions
hereof shall not be construed nor shall be deemed to be a waiver of that Party’s rights,
nor prejudice that Party's rights to take subsequent action.
15.8
Legal status. Nothing in this Agreement is intended to, or shall be deemed to,
establish any partnership or joint venture between the Parties, constitute any Party an
agent of the other, nor authorise either Party to make or enter into any commitments for
or on behalf of the other Party.
15.9
Entire Agreement. This Agreement comprises the entire agreement between the
Parties in relation to the shared activity to the exclusion of all other terms and
conditions and prior or collateral agreements, negotiations, arrangements, notices of
intention and representations, except in respect of any fraudulent misrepresentation
made by either Party.
15.10
Severability. In the event that any term of this Agreement shall be determined by any
competent authority to be invalid, unlawful or unenforceable to any extent, such term
shall to that extent be severed from the remaining terms, conditions and provisions
which shall continue to be valid to the fullest extent permitted by law.
15.11
Counterparts. This Agreement may be executed in any number of counterparts, each
of which when executed and delivered shall constitute an original of this Agreement,
but all the counterparts shall together constitute the same Agreement.
15.12
Law and jurisdiction. This Agreement and any disputes relating to its subject matter,
including non-contractual claims, shall be governed by English Law, and the Parties
shall submit to the non-exclusive jurisdiction of the English Courts.
Signed
On behalf of King’s College London
On behalf of [XXXXX i.e. Partner Institution]
-----------------------------------------[insert name]
-----------------------------------------[insert name]
[insert position]
[insert position]
Date:
Date:
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Activity Schedule
[insert number order]: Programme operational arrangements and special conditions
Programme Title:
Type of Programme:
[Indicate the type of activity being entered into i.e. Joint
Award]
Home institution and
Host institution (if
applicable)
Programme
Specification:
[ ] Attached as an appendix to this schedule
Programme Business
Plan
[ ] Attached as an appendix to this schedule
Applicable Student
Handbook
[ ] Not applicable
[ ] Not applicable
[ ] Not applicable
[ ] King's
[ ] Partner's
[ ] Special provisions: [describe]
Date on which schedule
becomes legally binding
[ ] Upon signature by both parties
Start Date of Programme
for first Cohort:
[e.g. first Cohort (month/academic year) expected to start their
programme]
Duration of Schedule
[e.g. final cohort of students (who start their studies at the
beginning of the [insert year] Academic Year) expected to
complete their programme in [insert month/year],
Term of Schedule
This schedule will continue (subject to clause 10) until the
scheduled completion of Cohort [insert cohort number]'s studies
(scheduled for [insert date]), except where this schedule is
renewed or terminated earlier.
Financial arrangements
[ ] Not applicable
[ ] [Insert date]
[ ] Fee income [indicate the fees students will pay – how
much, to whom, how often, what happens if they pay late]
[ ] Split of fee income [indicate whether fee income will be split
between the Parties, and if so, according to what ratio?]
[ ] Responsibility for certain costs [describe who is responsible
for costs – does each Party bear its own costs, or are some
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costs recoverable? Are any costs to be shared?]
[ ] VAT [if applicable, specify arrangements for VAT]
[ ] Invoicing [indicate frequency and content for invoices]
[ ] Payment terms [indicate when payment is due, e.g. 30 days
following receipt of a valid invoice.]
[ ] Contact details [indicate contact details for invoices]
[ ] Withholding tax. The Fee income due from [XXXXX i.e.
Partner Institution] under this Agreement shall be paid in full
without any deduction, withholding or set-off. If any Applicable
Law requires [XXXXX i.e. Partner Institution] to make any
deduction or withholding in respect of tax [XXXXX i.e. Partner
Institution] must pay, at the time that payment is due, such
additional amounts as are necessary to ensure that, after making
that deduction or withholding, the net payment received by King's
is equal to the amount which King's would have been paid if such
deduction or withholding had not been made.
Overarching special conditions
[Note – insert any legal conditions which have been agreed with the Partner to govern
the Programme. Suggested areas for consideration are set out below – obviously the
more detail you are able to provide, the better the parties will be able to understand their
obligations]
Before the Programme can start

Does the Partner Institution have to obtain approval from a regulator to participate in the
collaboration? Does the Partner Institution need to impose special conditions on King's
to reflect their local laws?

Does the Partner Institution have to do anything further before students can be admitted,
e.g. module design, improving facilities?
Progression

Set out basis of agreement in terms of how the progression arrangements will work. e.g.
"It has been agreed that a student registered at [XXXXX i.e. Partner Institution] who has
successfully completed the requirements defined in this schedule will be admitted to
[insert details of King's course to which student will progress]. Students who are
admitted and progress under the terms of this schedule, and successfully complete all
the requirements of the course, will be considered eligible for the respective King's
award".
Joint degrees

For double degrees, consider: " Each Party confirms that degree within the double
degree Programme it is responsible for is a fully accredited degree programme
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according to Applicable Laws and regulations governing accreditation standards in the
territory in which that Party operates. Each Party agrees to comply with any
accreditation obligations applicable to that Party's individual degree within the double
degree Programme."

For dual awards, consider: "Each Party shall collaborate to teach and deliver their
respective courses within the Programme. Students who successfully meet all
requirements will receive separate degrees from each Party. This Agreement
contemplates that Students will be awarded separate awards (and separate certification)
from each Party, upon the successful completion of the Programme based on courses
taught by both Parties. Each Party takes responsibility for its own award and agrees to
ensure delivery of the Programme in accordance with the Programme Specification and
subject to the applicable Academic Regulations and its own student regulations."
Student exchange

Consider definition of "home" / "host" institution, reflecting the fact that obligations are
mutual depending on relationship to the particular student.

Indicate student number sand whether a balance in the number of students is intended /
envisaged (if one-way, consider a study abroad agreement).

Indicate any grounds for a Party to reject an exchange student, or for limiting the
courses / modules available.
----------------------------------------------------------------------------------------------------------------------------------Please indicate the obligations, roles and responsibilities (where applicable) of each
partner relating to the programme and student experience.
[Note - refer to Section 7 of the Procedures for the approval and monitoring of
collaborative activity for guidance in completing the form]
Details
1. Administrative contacts
King’s
Partner
 Identify lead administrator:
 Insert each Party's contact
details for the administration of
the programme
 Indicate contribution of each
Party to the content and
development of the
Programme
Roles and Responsibilities
2. Marketing and publicity
King’s
 Indicate each Party's
responsibilities for how the
14
Partner
Roles and Responsibilities
2. Marketing and publicity
King’s
Programme will be marketed
and publicised. Care should
be taken to ensure that
information on the Programme
is clear and accurate and
harmonised between King's
and the Partner Institution
 Special conditions
Partner
[ ] Not applicable
[ ] All marketing materials and other communications shall be subject to
the approval of [insert details of how marketing materials need to be
approved]. Once particular materials have been approved, the Parties
shall not require further approval for new materials which are both
consistent in substance and style with the approved materials and do not
materially differ from the approved materials.
[ ] No marketing to or admissions of students for Cohort [insert final
cohort year] is permitted unless and until a renewal is formally agreed.
[ ] Progression arrangements. [XXXXX i.e. Partner Institution] must
make clear in any promotional material and enrolment documentation
that progression to King's courses [is not guaranteed and] depends on
fulfilment of King's admissions requirements.
3. Recruitment and
admissions
Roles and Responsibilities
King’s
 Identify lead Party for
recruitment and admissions
 Indicate how students will be
targeted and recruited to the
programme including student
numbers
 Indicate details of the
application process, including
any variations in practice to
the normal admissions
procedures, PSRB or RPL
issues, or special
arrangements that will need to
be included in the student
offer letter
 Special conditions
Partner
[ ] Not applicable
[ ] [insert details of any minimum student numbers, including if a
Party can terminate the Activity if minimum student numbers are
not met]
[ ] [indicate any entry specific entry requirements]
[ ] [insert details of any language requirements – e.g. minimum
level of language ability]
15
3. Recruitment and
admissions
Roles and Responsibilities
King’s
Partner
[ ] [indicate King's ability to reject any student in accordance with
its normal procedures.]
[ ] Progression arrangements. [is King's required to offer
conditional/unconditional places to the Partner Institution's
students ?]
[ ] Visas. Any offer to a student is conditional upon such student
holding, for the duration of their study in the UK, a valid visa. Students
shall be primarily responsible for arranging their own visa and
immigration clearances. Each Party will use its reasonable endeavours
to support Students from the other in obtaining necessary visas.
4. Enrolment and registration
 Indicate arrangements for
issuing student contracts to
students studying on the
Programme
 Indicate the status and mode
of attendance of the student
for the duration of the
Programme e.g. current, fulltime and what access
students will require to College
facilities including production
of College cards
 Indicate how students will be
advised of their enrolment and
registration details, including
any special arrangements e.g.
where students are unable to
attend campus registration in
person
 Indicate if there are visa
compliance arrangements that
may need to be taken into
consideration e.g. overseas
students who will require a
visa to study at two separate
institutions for the duration of
their degree programme
5. Student records
 Indicate how student data will
be reflected in College or
Partner returns e.g. for
HESA/HEFCE
 Indicate how any changes in
Details
General:
King's specific:
Partner specific:
General:
King's specific:
Partner specific:
General:
King's specific:
Partner specific:
General:
King's specific:
Partner specific:
Details
General:
King's specific:
Partner specific:
General:
16
5. Student records
student registration status will
be managed
 Indicate how students’
progress will be monitored
between partners and any
progression requirements
 Special conditions
Details
Partner specific:
King's specific:
General:
King's specific:
Partner specific:
[ ] Not applicable
[ ] Each Party will maintain full and complete records relating to the
performance of each student on the Programme.
6. Student support
 Indicate arrangements for
students to access teaching
and learning resources to
enable them to complete the
Programme
Details
General:
King's specific:
Partner specific:
 Indicate arrangements for
students to access student
services, including pastoral
care arrangements
General:
 Indicate if students are eligible
for accommodation and any
issues that may need to be
considered to facilitate this
e.g. where students are new
to King’s but part way through
a Joint or Dual award
programme
 Indicate arrangements for
student induction, tutor
arrangements and distribution
of course material and
handbooks, including how
students will be integrated into
the programme where
language barriers or cultural
factors apply
General:
 Indicate if there are any
funding opportunities available
for the programme
General:
 Special conditions
[ ] Not applicable
King's specific:
Partner specific:
King's specific:
Partner specific:
General:
c
Partner specific:
King's specific:
Partner specific:
[ ] When a student is studying at either Party as part of the Programme,
that Party shall be responsible for:
 providing logistical and teaching support and facilities, including
access to that Party’s information technology and communication
facilities, Intranet and remote learning services, and library services
as routinely provided to other students enrolled in comparable
courses of study at such Party;
17
6. Student support


Details
providing classes, faculty, facilities, support, and services as set
forth in, and at the levels and quality reflected in, the Programme
Specification and approved marketing materials as applicable to
such Party; and
providing student support services including sporting and social club
activities, health and welfare services, and basic orientation,
together with any other reasonable assistance.
Roles and Responsibilities
7. Teaching arrangements
King’s
Partner
 Indicate the teaching
contribution of the Parties,
including mechanisms for
ensuring shared teaching
meets the learning aims and
outcomes for the programme
and how this is communicated
to students
 Indicate opportunities for
transferable skills, including
research training
arrangements, work based
learning
 Indicate arrangements that will
be put in place for ethical
approval of research activity
 Indicate arrangements for
students to feedback on their
taught modules/engagement
with PhD progress
8. Assessment arrangements
 Identify the assessment
regulations that apply e.g. to
consideration and verification
of individual marks,
submission of thesis, (where
applicable) transfer of marks
or credit, language of
instruction and assessment if
not English
 Indicate the composition of the
Examination Board/Panel for
the consideration and
verification of exam
results/award outcome
 Indicate arrangements for
release of final results
including notification of results
to the partner and student
 Indicate arrangements for
reassessment opportunities
Details
General:
King's specific:
Partner specific:
18
9. External Examiner
arrangements
 Indicate the responsibilities for
nominating and appointing
external examiners, including
who is responsible for paying
examiner fees
 Indicate the role of the
external examiner in
participating in the exam
board process, including
arrangements for external
examiner reports
10. Conferment of Award
 Identify title of award granted
to students successfully
completing the Programme, in
accordance with the relevant
Academic Regulations
 Indicate the arrangements for
conferring the final award,
including availability of exit
awards and the final award
outcome
11. Certificates and Graduation
 Identify Party responsible for
arrangements for producing
records of agreed results/
transcripts/ HEAR/ diploma
supplements and (where
appropriate) final degree
award certificates (bearing the
signature of the competent
authority), including any
special requirements
 Indicate arrangements for
students' attendance at a
graduation ceremony, e.g.
specify which institution will
host the ceremony
 Special conditions
Details
Details
General:
King's specific:
Partner specific:
General:
King's specific:
Partner specific:
Details
[ ] King's
[ ] Partner
[ ] Both [describe arrangements in further detail]
[ ] Not applicable
[ ] [Non-credit bearing Programmes] It is agreed that any certificate
provided to a student following completion of the Programme will not
confer or be evidence of any additional credits or degree, and that this
will be made clear to students in advance.
12. Student Conduct and
Appeals arrangements
 Indicate the regulations that
Details
[ ] Identify 'bespoke'/joint student regulations for the Programme, or if
19
12. Student Conduct and
Appeals arrangements
apply to the Programme in
respect of student misconduct
procedures
Details
the applicable regulations will vary depending on the institution at which
the matter arises.
[ ] King's regulations apply
[ ] Partner's regulations apply
 Indicate the regulations that
apply to the Programme in
respect of student complaint
procedures
[ ] Identify 'bespoke'/joint student complaint procedures for the
Programme or if the applicable regulations will vary depending on the
institution at which the matter arises.
[ ] King's regulations apply
[ ] Partner's regulations apply
 Indicate the regulations that
apply to the programme in
respect of student academic
appeal procedures
[ ] Identify 'bespoke' student/joint academic appeal regulations for the
Programme or if the applicable regulations will vary depending on the
institution at which the matter arises.
[ ] King's regulations apply
[ ] Partner's regulations apply
 Special conditions
[ ] Not applicable
[ ] The Parties agree to provide reasonable cooperation and assistance
to each other in relation to any student misconduct, complaints, or
academic appeals.
[ ] Where a student matter affects both Parties, if the Parties do not
together agree upon an approach (including the possible outcomes and
consequences), the disagreement between the Parties will be referred to
the dispute resolution process outlined in clause [8] above.
13. Quality Assurance and
Management Processes
Details
King’s
 Specify the quality assurance
framework, standards and
regulations that will apply,
indicating arrangements for
ensuring that the programme
meets the academic standards
and each Party's quality
assurance framework
 Indicate arrangements for
shared resources including
arrangements for ensuring
staff are suitably qualified to
deliver the elements of the
programme for which they are
responsible
20
Partner
13. Quality Assurance and
Management Processes
Details
King’s
 Indicate the mechanisms that
will be put in place to provide
students with the opportunity
to feedback and engage with
their programme, including the
procedures for student
complaints.
 Indicate the mechanisms that
will be put in place in the event
of a termination of the
agreement before all students
registered on the Programme
have completed their
programme.
 Special conditions
14. Monitoring arrangements
 Indicate arrangements for the
establishment of a programme
committee, JAC or equivalent
to oversee the programme
 Indicate the mechanisms that
will be put in place for ongoing
monitoring of the
arrangement, including
mechanisms for modifying the
programme
 Indicate the mechanisms that
will be put in place for annual
review and periodic review of
the programme, including
arrangements for review of the
programme prior to expiry and
renewal of the agreement
 Special conditions
Partner
General:
King's Specific:
Partner specific:
[ ] [Does the student have a final right of appeal back to King's?]
Details
[ ] Not applicable
[ ] The Programme shall be subject to each Party's annual monitoring
processes and each Party hereby agrees to cooperate with the other in
respect of such processes. The Parties shall meet regularly (not less
frequently than [insert minimum frequency for meetings]) to discuss,
review and agree any necessary changes to the Programme, including
to consider, discuss and agree any changes required to this Schedule or
the appendix to this schedules, although any agreed changes will only
be legally binding where agreed in writing.
Details
15. Alumni programme
 Indicate whether students will
be eligible to join either
partner's alumni programmes.
21
------------------------------------------------------------------------------------------------------------------------------This schedule forms part of the Agreement between King’s and [XXXXX i.e. Partner
Institution] and is agreed between the Parties on [insert date]
Signed
On behalf of King’s College London
On behalf of [XXXXX i.e. Partner Institution]
-----------------------------------------[insert name]
-----------------------------------------[insert name]
[insert position]
[insert position]
Date:
Date:
22