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Clinical Study Agreement for the United States

Clinical Study Agreement Template for United States

A Clinical Study Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions for conducting clinical research. It outlines the responsibilities of all parties involved, including the sponsor, institution, and principal investigator, while ensuring compliance with FDA regulations, HIPAA requirements, and other applicable laws. The agreement covers crucial aspects such as protocol adherence, payment terms, confidentiality, data ownership, and subject protection.

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What is a Clinical Study Agreement?

Clinical Study Agreements are essential documents used when initiating medical research involving human subjects in the United States. These agreements formalize the relationship between research sponsors, institutions, and investigators while ensuring compliance with FDA regulations, IRB requirements, and other applicable laws. A Clinical Study Agreement typically includes detailed provisions for protocol implementation, subject safety, data management, financial terms, and intellectual property rights. It serves as the primary contractual framework for conducting clinical trials and is crucial for protecting all parties' interests while advancing medical research.

What sections should be included in a Clinical Study Agreement?

1. Parties: Identifies all parties to the agreement, including sponsor, institution, and principal investigator

2. Background: Outlines the purpose of the clinical study and context of the agreement

3. Definitions: Defines key terms used throughout the agreement including Study, Protocol, Study Data, Confidential Information, etc.

4. Scope of Work: Details the clinical study requirements, protocol adherence, and responsibilities of each party

5. Compliance: Requirements for regulatory compliance, IRB approval, and applicable laws including FDA regulations and human subject protection

6. Payment Terms: Payment schedule, amounts, and conditions for payment including study budget details

7. Confidentiality: Provisions for protecting confidential information and data privacy requirements

8. Intellectual Property: Rights and ownership of study data, inventions, and publications

9. Term and Termination: Duration of agreement and conditions for termination or early study closure

10. Indemnification: Liability and indemnification obligations of parties including insurance requirements

What sections are optional to include in a Clinical Study Agreement?

1. Publication Rights: Terms for publishing study results and academic rights for institutions

2. Equipment Provision: Terms for equipment provided for study purposes including maintenance and return

3. Subject Injury: Provisions for handling and compensation of research-related injuries

4. Multi-Center Provisions: Specific terms for multi-center studies including coordination and data sharing

5. Biological Samples: Handling, storage, and ownership of biological samples collected during the study

What schedules should be included in a Clinical Study Agreement?

1. Schedule A - Protocol: Detailed clinical study protocol including methodology and procedures

2. Schedule B - Budget: Detailed study budget breakdown and payment schedule

3. Schedule C - Payment Schedule: Timeline and conditions for payments including milestone payments

4. Schedule D - Form FDA 1572: Statement of investigator form and related regulatory documentation

5. Schedule E - Financial Disclosure Forms: Required investigator financial disclosure documentation

6. Schedule F - Insurance Certificates: Proof of required insurance coverage for all parties

7. Schedule G - Data Privacy Terms: Detailed data protection and privacy requirements including HIPAA compliance

8. Schedule H - Quality Requirements: Specific quality assurance and control requirements for the study

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Research Agreement

Cost

Free to use

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