Contracts
AFC policy:
AFC® must not be exposed to undue contractual risk, especially risk that is beyond our control.
As a result:
Before entering into any contracts on behalf of AFC, employees should:
- determine whether they have the proper authority;
- analyze and quantify all risks, to the extent possible;
- limit potential risks by ensuring that contracts contain realistic and practical indemnity terms, insurance provisions, and operating procedures; and
- seek legal review of all contracts and agreements entered into on behalf of AFC.
In addition:
The Office of General Counsel must review every contract in advance that involves any of the following:
- intellectual property (e.g., trademarks, trade secrets, copyrights, and confidential and proprietary information) owned by AFC or by a third party;
- proposed perpetual renewal rights or a term of more than three (3) years;
- real property; indemnity and/or hold harmless obligations of AFC;
- release of rights by or against AFC;
- AFC guaranty or the personal guaranty of an AFC employee, director or officer; or,
- aggregate payments totaling over $50,000.