# Scoped bargaining mandate, original annotated drafting template

**DRAFT / NOT EXECUTED · NONBINDING · version 0.1**

This template does not grant representation, transfer rights, authorize payment, or request signatures. Local counsel and legitimate principals must validate the eventual instrument separately. All blanks are mandatory until a reasoned inapplicability finding is recorded.

## Required cover record

- **Mandate/version:** [REQUIRED: identifier, prior version, upstream revision and source IDs].
- **Jurisdiction:** [REQUIRED: principal, operator, buyer, data subjects and governing-law analysis].
- **Authority:** [REQUIRED: principal capacity, delegation chain, scope, expiry and restricted evidence reference].
- **Rights:** [REQUIRED: rights inventory, license/version, co-owners, privacy basis, community protocols and exclusions].
- **Appeal:** [REQUIRED: independent reviewer, accessible confidential contact, deadlines and funded assistance].
- **Exit:** [REQUIRED: notice channels, effective timestamp rule, transfer limits and surviving duties].
- **Approvals:** **not-reviewed**, [REQUIRED: reviewers, evidence, dates, conditions and expiry for all charter reviews].
- **Permitted delegate:** [REQUIRED: accountable operator, conflict review, permitted staff and no implicit subdelegation].

## 1. Proposed delegation and decision matrix

**Proposed clause.** The principal delegates only negotiation of the selected schedule below. Authority to sign an eventual contract must be separately stated and evidenced; negotiation alone is not authority to conclude it. Membership, custody of material, or technical access is not sufficient authority.

| Schedule | What may be negotiated | Authority evidence | Forbidden inference |
| --- | --- | --- | --- |
| A, Member procurement | [REQUIRED: exact services, quantities, quality/access conditions and budget ceiling] | Purchasing delegation, budget and competition review | All members accept every joint purchase |
| B, Authorized new permissions | [REQUIRED: identified works/data, specific additional rights, purpose, users, territory and duration] | Rights chain plus privacy/community/legal review | Public availability or membership confers every right |
| C, Voluntary commons covenant | [REQUIRED: maintenance contribution, purpose, duration and public reporting] | Voluntary contracting authority and funding terms | Royalty obligation attaches retroactively to open knowledge |
| D, No negotiation | [REQUIRED: excluded material, purposes, parties or unresolved rights] | Exception/hold record and responsible reviewer | A blank exclusion schedule means unlimited permission |

Choose schedules [REQUIRED]. Record why others are unused [REQUIRED]. Services shall not impose additional restrictions on underlying open content. New permissions must actually be necessary and controllable, not invented over public-domain facts or already licensed uses.

## 2. Scope, comprehension and acceptance control

**Proposed clause.** The mandate covers only [REQUIRED: item/service identifiers and immutable versions]. Permitted purposes are [REQUIRED]; prohibited purposes are [REQUIRED]. Training, fine-tuning, retrieval, public release, sublicensing and sensitive inference shall each have an explicit allowed/denied/not-applicable disposition with evidence. No unchecked box counts as consent.

The principal retains a nonexclusive mandate and may use another representative without granting incompatible duplicate commitments. Binding offers require [REQUIRED: principal review method, cooling-off rules where applicable, language/accessibility support, price authority and cap]. The delegate may not expand purpose, substitute a buyer, or sublicense without the specified fresh authorization.

**Annotation:** Use a teach-back exercise before acceptance. Refusal must not remove essential services, grades, employment protections or public access. For minors or limited-capacity principals, establish lawful representative authority and applicable assent/safeguards; do not assume a guardian may waive every right.

## 3. Rights verification and competitive coordination

**Proposed clause.** Record the legal basis for each material/processing purpose and separate it from commercial consideration. Assess third-party privacy, worker rights, research exceptions, editorial independence, community obligations, co-ownership and pre-existing licenses. Unresolved rights place the affected item on hold.

Negotiation may not proceed until competition counsel has assessed this mandate's actual facts and jurisdiction. The delegate shall not share live rival bids or competitively sensitive member information outside reviewed necessity. No unreviewed common price, supply restriction, territorial allocation, collective boycott or buyer exclusion is authorized by this document.

**Annotation:** Labor status, solo-self-employed guidance, and research status are not blanket exemptions. A paid curation service does not create a new royalty right over the data it describes.

## 4. Precise withdrawal and future-use rule

**Proposed clause.** A principal may deliver withdrawal through [REQUIRED: at least two accessible channels]. Record receipt at [REQUIRED: authoritative UTC timestamp/source]; acknowledge within [REQUIRED: maximum duration]. Set the effective withdrawal timestamp to [REQUIRED: receipt or specified lawful notice period, with rationale]. The registry shall expose a verifiable status receipt without publishing the principal's private records.

From that effective timestamp the delegate must make **no new offers, commitments, renewals or permissions** relying on this mandate. Suspend affected pending negotiations, notify authorized counterparties within [REQUIRED: duration], and retain proof of notification. Withdrawal of negotiation authority does not automatically terminate an already executed agreement: list each existing commitment's expiry, termination rights, accrued payments, authorized continuing uses and notice requirements here [REQUIRED: contract-by-contract schedule].

If consent is the basis for processing, route withdrawal immediately to the responsible controller and stop future consent-based processing as legally required. Identify any claimed different basis, retention duty or exception individually, with independent review; do not silently switch bases to defeat withdrawal. Record deletion/restriction requests and evidence of downstream compliance where applicable.

Withdrawal is **not CC-license revocation**; existing valid open-license permissions persist according to their terms. Prior lawful processing is not automatically invalidated. No promise is made to erase historical facts, recover public copies, undo completed lawful uses, or remove influence from trained models.

**Annotation:** The operator must test receipt, timestamp, downstream notification and removal from new-deal eligibility before launch. New authority requires fresh, explicit authorization; reinstatement is not automatic.

## 5. Benefits, payment boundaries and records

**Proposed clause.** Disclose gross receipts, deductions, provider fees, taxes, allocations and timing through the [benefits schedule](governance-and-benefits.md). The delegate shall not mix earmarked funds or make undisclosed advances against member receipts. Payment requires independently verified entitlement and the approved payment provider; this template authorizes no transfer.

Publish versioned methods, aggregate terms where lawful, and redacted outcomes. Keep identities, item-level private permissions, source identities, bids and community-sensitive evidence restricted. The retention/deletion schedule is [REQUIRED]. Export permits only the principal's authorized records, not collateral personal data.

## 6. Complaint, appeal, exit and approvals

**Proposed clause.** A principal or affected nonmember may complain without retaliation through [REQUIRED]. The independent appeal body may suspend affected activity, require correction, and route matters to appropriate legal/regulatory channels. Record emergency handling, ordinary response deadlines and funded assistance [REQUIRED]. A supplier or operator cannot decide its own case.

On exit or operator succession, transfer authority only after scope and recipient capability are verified and any required fresh permission is obtained. Do not sell mandate records as an asset. Preserve continuing duties and legally required records; return restricted balances according to lawful entitlement.

- [ ] Jurisdiction/authority approvals recorded; **not-reviewed** until supported.
- [ ] Rights, privacy, safeguarding and community approvals recorded; **not-reviewed** until supported.
- [ ] Competition, governance and payment/tax approvals recorded; **not-reviewed** until supported.
- [ ] Independent assurance approved withdrawal drill, funded appeal and exit plan; **not-reviewed** until supported.
- [ ] Source versions, unresolved limitations, approval expiry and re-review triggers recorded.

Use with the [charter](collective-charter.md) and [pilot](pilot-and-evaluation.md). Original template: CC BY 4.0; see [README](README.md).