Model Healthy Beverage Vending Agreement

Model Healthy Beverage Vending Agreement

Improving the contract negotiating process

The purpose of the "Model Healthy Beverage Vending Agreement" is to help nutrition advocates and school districts use the contracting process to achieve the following goals: (1) improve the nutritional quality of beverages sold on district property; (2) negotiate favorable terms and conditions; (3) develop strategic vendor relations; (4) increase process efficiencies; and (5) improve communication and customer service. 

Our goal is to make this document useful to lawyers and non-lawyers alike. Toward that end, we analyzed more than 25 school beverage vending contracts from both large and small school districts and then crafted model clauses that improve upon the existing language. 

We provide plain English explanations of what each clause means, how it applies to school vending contracts, and how the clause might be applied during contract negotiation. By doing so, we hope to bring balance to what has historically been a lopsided contracting process in which soft drink bottlers have imposed their form contracts on school districts with less than satisfactory results for schools in terms of nutrition and revenue.

As with any document intended as a "model," our Model Healthy Beverage Vending Agreement has been drafted as if "one size fits all." In reality, of course, each contract negotiation is a unique transaction reflecting the particular goals and relative bargaining strengths of each of the parties. However, the value of our model contract is that it provides school districts with a blueprint with which to construct the "best of all possible beverage vending contracts" by: (1) collecting in one place contract terms and conditions that ensure the sale of healthy beverages; (2) predicting what may go wrong during contract performance; (3) providing for those contingencies; and (4) protecting the district with tested legal remedies.

NPLAN's other vending tools include: