Return to Homepage

Search IPCB:            

ULTRA Search™
for more
specific results


Research Agreement

THIS AGREEMENT is entered into by and between the ___________ Tribe, located at ____________ (hereinafter referred to as "Tribe"), and _______________, located at __________ (hereinafter referred to as "the Researcher).

WHEREAS, the Researcher has applied to the Tribe to do research, and agrees to the conditions placed upon the Researcher in this agreement and to comply with the intent of the Indigenous Research Protection Act and the principles set forth therein; and

WHEREAS, the Tribe agrees to permit the Researcher to do such research;

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

Section 1. Parties Bound.
The provisions of this Agreement shall apply to and be binding upon the Tribe and the Researcher and the Researcher's officers, agents, successors, assigns and all persons acting on the Researcher's behalf. Each party certifies that its undersigned representative is fully authorized by the party he or she represents to enter into the terms and conditions of this Agreement, to execute it on behalf of that party, and to legally bind the party on whose behalf he or she executes this Agreement.

Section 2. Tribe's Authorization
The Tribe hereby authorizes the Researcher to undertake research work in __(location)_________________ on the subject of:

with the communities of:

in the capacity of (if more than one researcher is involved):

for the period up until (specify if research will involve more than one visit):

Section 3. Responsibilities of the Researcher.

3.1 The Researcher shall pay an administrative fee of $______ to cover all administrative fees and costs incurred in the setting up and implementation of the research venture, unless, in the discretion of the RRC, the fee has been waived.

3.2 The Researcher shall provide copies of non-artifact products or research to the RRC and, where feasible, to the local community. Two copies of films, videos, or other audio or visual media are to be provided, one for public screening and the other for deposit in the Tribal archives, library, or repository. Any artifacts collected become the property of the Tribe unless traditional ownership has been established in a Traditional Copyright Agreement. The removal of any artifacts or specimens outside of the Reservation is prohibited, unless agreed upon by the parties to this Agreement. The conditions for return of the materials shall include:

(a) a letter from the institution with which they are affiliated guaranteeing the researcher's compliance with the conditions below; and/or

(b) a deposit in the amount of $______ to ensure compliance with the conditions.

(c) Identify specimens, materials, artifacts, and conditions for return in addition to (a) and/or (b) above:

3.3 The Researcher agrees to involve Tribal scholars, students, and members of the community in research, to provide full recognition of their collaboration, and to provide training to enable future contribution to the community.

3.4 The Researcher guarantees a product of immediate benefit and use to the Tribal community and the Researcher shall provide such product no later than six months after termination of the research period. This product is:

3.5 The Researcher, in addition to the research work and as a service to the Tribal community, shall undertake to:

3.6 The Researcher, in undertaking research, shall:

(a) recognize the rights of people being studied, including the rights not to be studied, to privacy, to anonymity, to confidentiality, and to fully informed consent;

(b) recognize the primary right of informants and suppliers of data and materials to the knowledge and use of that information and material;

(c) respect traditional copyrights;

(d) respect local customs and values, and carry out research in a manner consistent with this Agreement and the Indigenous Research Protection Act;

(e) assume a responsibility to make the subjects in the research fully aware of their rights and the nature of the research and their involvement in it;

(f) contribute to the interests of the community in whatever ways possible so as to maximize the return to the community for their cooperation in the research work; and

(g) recognize their continuing obligations to the local community after the completion of the fieldwork, including returning materials and providing support and continuing concern for the well-being of the local community;

3.7 The Researcher shall enter into a Traditional Copyright Agreement where the Researcher obtains information or material data. The Traditional Copyright Agreement shall be completed by the Researcher, the supplier of data or information, and the RRC. The Researcher has the responsibility to make such consultants fully aware of their rights and obligations, and those of the Researcher, in the signing of the Traditional Copyright Agreement

3.8 The Researcher shall maintain all information and data gathered in his/her research and shall make such information and data available to the RRC upon request for inspection and review.

3.9 The Researcher shall provide the RRC with monthly status reports of the research conducted on the Reservation.

3.10 The Researcher, and the Researcher's employees, students, and agents, shall maintain confidentiality of any and all records, data, and information gathered relating to the Tribe which is in the Researcher's possession and control. Such information shall only be released or disseminated pursuant to the strictest policies of confidentiality and privacy with the consent of the Tribe.

3.11 The Researcher is an independent contractor and nothing contained in this Agreement shall be deemed, construed, or interpreted to constitute the Researcher as a partner, agent, or employee of the Tribe, nor shall the Researcher have any authority to bind the Tribe.

3.12 A breach of any part of this Agreement by the Researcher or a decision by the affected community that it no longer desires to be involved in the research will result in the termination of the research project.

Section 4. Responsibilities of the Tribe.

4.1 The Tribe is the owner of the communal cultural, natural, and biogenetic resources, and retains ultimate discretionary authority and final authority and responsibility for the approved research.

Section 5. Noncommercial Purpose

5.1 The Researcher hereby warrants that no research performed under this Agreement, no research products, and no traditional or indigenous knowledge will be used for commercial purposes, unless otherwise provided for in this Agreement.

Section 6. Termination of Agreement.

6.1 This Agreement may be terminated by:

(a) the mutual agreement of both parties in writing; or

(b) either party giving the other party not less than sixty (60) days advance notice of termination; or

(c) the non-breaching party in the event the breaching party fails to correct a material breach within fifteen (15) days of receiving written notification from the non-breaching party;

Section 7. Miscellaneous Provisions.

7.1 The Tribe does not assume any liability by entering into this Agreement.

7.2 The failure of the Tribe to require the strict performance of any provisions of this Agreement in any one or more instances, or to exercise rights hereunder or seek enforcement of such provisions or rights at law or equity, shall not be construed as and shall not constitute a waiver or relinquishment of such provision or rights, and such provisions and rights shall continue in full force and effect.

7.3 This Agreement, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by the applicable laws of the ______ Tribe and federal law. The _________ Tribal Court shall have jurisdiction to hear disputes under this Agreement, and the Researcher and the Tribe shall be subject to the personal jurisdiction of the _____ Tribal Court and all court rules thereof, and shall accept venue in the ______ Tribal Court. The Researcher agrees that any process served for any action or proceeding shall be valid if mailed by Certified Mail, return receipt requested, with delivery restricted to addressee, its registered agent, or any agent appointed in writing to accept service.

7.4 All notice required to be given under this Agreement shall be in writing and shall be either (1) personally delivered to the party to whom addressed, or (2) sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the party at the address which follows or to such other address as the parties may hereafter designate in writing. Any such notice shall be deemed to have been given, if mailed as provided herein, as of the date mail stamped.

Tribe's Address:

Researcher's Address:

7.5 If any provision of this Agreement is found unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from this Agreement, and in no way shall affect the validity or enforceability of the remaining provisions of this Agreement.

7.6 Neither party shall assign, pledge, or transfer, in whole or in part, their rights, duties, responsibilities, or interests under this Agreement without the prior written consent of the other party. No assignment of this Agreement shall be made to an individual, organization, firm, or business entity that has been convicted of a criminal offense related to or involved in any research concerning research of an Indian tribe or indigenous community. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and each of their respective successors and permitted assigns.

7.7 This Agreement constitutes the entire agreement between the parties and no agreements or representations have been made or shall be binding upon either party unless set forth herein. This Agreement supersedes any prior oral or written statements made by either party, its employees, representatives or agents.

IN WITNESS WHEREOF, the Tribe and the Researcher have executed this Agreement, in triplicate, individually or by signature of this duly authorized representative as of the date and year written below.

_________________ Tribe The Researcher

______________________ ___________________

Date: ________________ Date: _____________

Back to Policy Index