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ERIC Number: ED524153
Record Type: Non-Journal
Publication Date: 2004
Pages: 6
Abstractor: ERIC
Reference Count: 13
ISSN: ISSN-0192-6152
Buyer Beware: Negotiating Legal and Fair Contracts between Schools and Food and Beverage Companies. A Legal Memorandum: Quarterly Law Topics for School Leaders, Fall 2004
Underwood, Julie
National Association of Secondary School Principals (NASSP)
Exclusive vending contracts with food and beverage companies can produce much-needed revenue for school districts. However, these pouring and vending contracts as well as other forms of exclusive vendor contracts are often the subject of contentious public debate and legal challenges. Even the language used to refer to such agreements varies: Opponents often refer to them as "commercialism," while proponents refer to them as "school-business partnerships." But the number of contracts is increasing in schools, and according to the Commercialism in Education Research Unit (CERU) "commercialism remains firmly entrenched in schools" (Molnar, 2003). The primary downsides to entering into revenue-generating school-business partnerships include being out-negotiated by the vendor and losing sight of what is best for the students and the school. School leaders can overcome both of these problems through thought, preparation, and a good partnership between the school and the school attorney. In fact, once the interests of the students are protected and the legal hurdles are overcome, such contracts can provide schools with a valuable source of funding without an adverse effect on students or school operations. This issue of "A Legal Memorandum" offers tips for negotiating legal and fair contracts between schools and food and beverage companies.
National Association of Secondary School Principals. 1904 Association Drive, Reston, VA 20191-1537. Tel: 800-253-7746; Tel: 703-860-0200; Fax: 703-620-6534; Web site:
Publication Type: Collected Works - Serial; Reports - Descriptive
Education Level: Secondary Education
Audience: Administrators
Language: English
Sponsor: N/A
Authoring Institution: National Association of Secondary School Principals