spectrum consent to assignment form

Consent to Assignment: Everything You Need to Know

Consent to assignment refers to allowing a party of a contract (the assignor) to assign a contract and move the obligations to another party (the assignee). 3 min read updated on September 19, 2022

Consent to assignment refers to allowing a party of a contract to assign a contract and move the obligations to another party. The party of the existing contract, known as the assignor, will pass on the contract to another party, known as the assignee. The goal is for the assignee to take over the rights and obligations of the contract. For a contract to be assigned, the other party must be aware of what is happening.

Contract Assignments

The assignment of a contract differs depending on the type of contract and the language in the original agreement. Some contracts contain a clause that doesn't allow assignment at all, while other contracts have clauses that require the other party to consent before assignment can be finalized.

Consider the following scenario. A business owner contracts with a computer company to have a processor delivered every time a new model is released. The computer company assigns the business owner's contract to another provider. As long as the business owner is aware of the changes and still receives the processors as scheduled, his contract is now with the new computer company.

However, assigning a contract doesn't always exempt the assignor from their duties and responsibilities. Some contracts include a clause that states that even if the agreement is assigned to another party, the original parties guarantee that the terms of the contract will be fulfilled.

Unenforceable Assignments

There are a number of situations where a contract assignment won't be enforced , including:

• The contract has an anti-assignment clause that can stop or invalidate any assignments.
• The assignment changes the nature of the contract. An assignment that changes what is expected or impacts the performance of the contract isn't allowed. This also applies if the assignment lowers the value one party will receive or adds risk to the deal that the other party didn't originally agree to.
• The assignment is against the law. In some cases, laws or public policies don't allow assignment. Many states forbid employees to assign future wages. The federal government doesn't allow the assignment of particular claims against the government. Some assignments violate public policy. For example, a personal injury claim cannot be assigned because it could lead to litigation against a party who was not responsible for the injury.

Delegation vs. Assignment

It is common for a party to sign a contract and have someone else actually fulfill his duties and do the work required by the contract. However, some contracts can't be delegated, such as when a party agrees to service done by a particular person or company. If a company contracted with Oprah Winfrey to be a keynote speaker, Oprah wouldn't be permitted to delegate her performance duties to anyone else.

If both parties agree that the work can't be delegated, they should include specific language in the original contract. This can be as simple as a clause that states, “Neither party shall delegate or assign its rights.” Both parties should agree to this clause.

How to Assign a Contract

Assigning a contract is a three-step process. First, check to see if the contract has an anti-assignment clause or if there are limitations around assignments. Sometimes clauses are straightforward with language like, “This agreement may not be assigned,” and while other times, the language is less obvious and hidden in another clause. If there is language in the contract that states it can't be assigned, the other party must consent to an assignment before you can proceed.

Second, the parties must execute an assignment . Create an agreement that transfers the rights and obligations of one party to the assignee.

Third, notify the other party of the contract. Once the contract rights have been assigned to the new party, you should notify the other party of the original contract. Providing written notice removes you from being responsible for any part of the contract unless there is language in the contract that says differently or the assignment is illegal.

Anti-Assignment Clause

As you are negotiating and writing a contract, consider whether you want the contract to be able to be assigned. If you don't want assignment to be a legally viable option, that needs to be clearly stated in the contract.

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Request for Consent to Assignment of Contract | Practical Law

Request for Consent to Assignment of Contract

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Request for Consent to Assignment of Contract

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Templates and forms

The Spectrum Health IRB has provided the following templates for use by the research community. A protocol is required to be included in all IRB submissions.

Informed consent is an active process through which investigators provide research volunteers with the information that they need to make informed decision to join a study.

The Spectrum Health IRB has provided the following templates for the research community. The templates include instructions on how to use the template, what is needed, or required, in each section of the form with additional template language for special topics.

When writing consent documents, it is advisable to start with the Spectrum Health IRB documents and add in information from another sponsor-provided template. Avoid using jargon and advanced technical or scientific terms in the consent document. Research volunteers from all backgrounds need to be able to read and understand the document. The Spectrum Health IRB will review consent forms to ensure that the forms are well-written, include all the required regulatory elements, and that the information is presented in order to facilitate understanding.

Biomedical GTMR

For clinical trials and studies that are greater than minimal risk (GTMR).

Minimal risk

For interactions and interventions that are minimal risk (e.g., sample collection, surveys, social-behavioral studies, etc.).

Assent form

For enrolling adolescent participants.

Information sheet

For use when the IRB has waived the requirement to obtain a signature for consent for a verbal or electronic survey.

Standalone HIPAA authorization form

For use in Single IRB studies or when the IRB requires a separate HIPAA form.

HIPAA authorization for reimbursement

For use when participants will receive compensation or payment.

Exempt study template – information sheet

This template can be used for studies determined to be Exempt that are seeking consent for participation in-person or over the phone.

Exempt study template – email information sheet

This template can be used for studies determined to be Exempt that are seeking consent for participation via email (e.g., survey studies sent via email to participants).

IRB exempt study template – online information sheet

This template can be used for studies determined to be Exempt that are seeking consent for participation in an online survey.

The following worksheet is provided to help guide study teams when conducing Electronic Informed Consent (HRP-335) . This worksheet provides details on what to submit to the IRB for electronic consent review.

Treatment use

For use when treating a patient with an investigational drug, biologic, or device (not a research study or clinical investigation).

The following short forms are provided to the research community to enroll participants who cannot use the standard form, have limited English proficiency or are non-English speakers. If an investigator plans to include non-English speakers in their targeted population, translation of the standard form is recommended and may be required by the Spectrum Health IRB.

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They All Got Mysterious Brain Diseases. They’re Fighting to Learn Why.

Doctors in Canada have identified dozens of patients with similar, unexplained symptoms — a scientific puzzle that has now become a political maelstrom.

Gabrielle Cormier was 20 years old when she became the youngest confirmed case in a mysterious cluster in New Brunswick, Canada. Credit... Brendan George Ko for The New York Times

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By Greg Donahue

Greg Donahue is a writer in New York who covers crime, corruption and politics. He interviewed two dozen doctors, patients and politicians for this article.

• Aug. 14, 2024 Updated 1:38 p.m. ET

In late 2018, after an otherwise-normal Christmas holiday, Laurie Beatty started acting strange. An 81-year-old retired contractor, he grew unnaturally quiet and began poring over old accounting logs from a construction business he sold decades earlier, convinced that he had been bilked in the deal.

Listen to this article, read by Robert Petkoff

Over the course of several days, Beatty slipped further into unreality. He told his wife the year was 1992 and wondered aloud why his hair had turned white. Then he started having seizures. His arms began to move in uncontrollable jerks and twitches. By the end of May, he was dead.

Doctors at the Georges-L.-Dumont University Hospital Center in Moncton, the largest city in the province of New Brunswick, Canada, zeroed in on an exceedingly rare condition — Creutzfeldt-Jakob disease, caused by prions, misfolding proteins in the brain — as the most likely culprit. The doctors explained this to Beatty’s children, Tim and Jill, and said they would run additional tests to confirm the post-mortem diagnosis. Three months later, when the siblings returned to the office of their father’s neurologist, Dr. Alier Marrero, that’s what they were expecting to hear. Instead, Marrero told them that Laurie’s Creutzfeldt-Jakob test had come back negative. “We were all looking at one another,” Tim says, “because we were all very confused.” If Creutzfeldt-Jakob hadn’t killed their father, then what had? What Marrero said next was even more unsettling.

“There’s something going on,” they recall him saying. “And I don’t know what it is.”

It turned out that Laurie Beatty was just one of many local residents who had gone to Marrero’s office exhibiting similar, inexplicable symptoms of neurological decline — more than 20 in the previous four years. The first signs were often behavioral. One patient fell asleep for nearly 20 hours straight before a friend took her to the hospital; another found himself afraid to disturb the stranger who had sat down in his living room, only to realize hours later that the stranger was his wife.

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