Individual Contract

CULTURE NEXT MOBILITY AGREEMENT
No. [contract_number]/[contract_date]

This mobility agreement regulates the relationship between the signatory parties in the Culture Next Cities Network Mobility Program framework.

I.PARTIES

1. Cluj Cultural Centre Association, located in Cluj-Napoca, Fluierașului Street 3, 400073, Romania, fiscal number 27626490, VAT no.RO 31451515 , represented by: Ștefan Teișanu – Executive Director, Project Leader of the Culture Next and acting as Network Executive Team, hereinafter will be referred to as the PROMOTER;
2. [full_name], located in [full_address], tax identification number [tax_id], hereinafter will be referred to as the “BENNEFICIARY / CULTURAL WORKER”;

II. WHEREAS:

• CULTURE NEXT 2025 – 2028, is a multiannual project co-financed by the European Education and Culture Executive Agency (EACEA) in the framework of “Creative Europe” (project reference 101187472 — CN — CREA-CULT-2024-NET), as referred in the grant agreement signed on the October 11th, 2024 by Cluj Cultural Centre as Project Leader.
• CULTURE NEXT 2025–2028 started on the 1st of January 2025 and has a duration of 48 months.
• CULTURE NEXT 2025–2028 Network is currently operating as an informal network supporting current and former European Capital of Culture candidate cities to implement culture-led urban development programs and policies.
• The CULTURE NEXT 2025–2028 project is coordinated by Cluj Cultural Centre, co-founder of Culture Next, serving as the Secretariat of the network in cooperation with CN Board members.
• CULTURE NEXT 2025–2028 project presents a four years activity plan aim to (1) increase the representation capacity for the cultural and creative sectors by expanding the network to 50 member cities, (2) offer more support for European cities to implement ECoC bid book legacy projects and culture-led sustainable development programmes, (3) strengthen the cultural connection and collaboration between EU and non-EU cities, countries and platforms and (4) increase the capacity of the cultural and creative sectors to contribute to cultural policies. The main target groups of the project are the ECoC candidate cities, their local ecosystems and the decision influencers in cultural policies. The project follows the priorities of the EU policy network and of the Creative Europe call, addressing the five areas of the mandatory WPs (artists and cultural professionals, culture for the people, for the planet, for co-creative partnerships, for digital transformation) through a series of networking, training, policy and advocacy actions meant to connect ECoC candidacy and legacy programmes to these topics. Through this project, Culture Next network continues its work to support ECoC candidate cities to bid better and to implement their programmes better, no matter if they were awarded with the title or not. 1300 artists and cultural professionals from 50 cities and 35 countries are involved in 8 conferences, 8 missions, 90 mobilities, 5 thematic working groups and other activities of the project.
• Culture Next Mobility Programme. The Mobility Program aims to facilitate resource and knowledge sharing through peer-to-peer and city-to-city collaboration and provide financial and technical support for members throughout the mobility of cultural workers. Within this mobility framework, each member city will be able to send a culture worker to another member city for a working week.
• The sending city: Culture Next full member organisation, representing the ECoC body from the sending city, participating in the Mobility Programme, in charge of selecting and sending the Cultural Worker participating in the Mobility Programme.
• The host city: Culture Next full member organisation, representing the ECoC body from the hosting city, participating in the Mobility Programme and in charge of receiving the Cultural Worker participating in the program.
• The promoter: Cluj Cultural Centre Association, the official Secretariat of Culture Next Network, in charge of overall project management.
• The beneficiary/ cultural worker: person participating in the Mobility Program, selected by the Sending City.

The Parties enter into this agreement in a spirit of partnership, declaring full and mutual commitment to the goals and agreed roles and responsibilities as detailed in this Agreement.

III. OBJECT:

1. The object of the agreement is the participation of the Beneficiary in the Mobility Program of the Culture Next Cities Network, according to the program defined in Annexe1 of the present agreement (Mobility Chart).
2. This agreement sets out the parties’ roles and responsibilities in the framework of the CULTURE NEXT 2025 – 2028 project financed by EACEA, project reference 101187472 — CN — CREA-CULT-2024-NET, part of the Culture Next Program.

IV. DURATION

1. The duration of the contract is between the signing date and the [contract_end_date]
2. The mobility program in which the Beneficiary participates will take place according to Annexe 1 – Mobility Chart.

V. ROLE AND RESPONSIBILITIES OF THE CULTURAL WORKERS

1. To take part in the operative meeting between Sender and Host establishing overall details of the upcoming mobility;
2. To take part in the preparatory meeting between the Sender, the Host and the Cultural Worker (Beneficiary) outlining the expectations;
3. To take part in the evaluation meeting between the Sender, Host and Cultural worker outlining the experience;
4. To receive the individual grant as stated in Chapter IX (FINANCIAL TERMS) from the Promoter and to ensure that the lump sum received is used for the payment of the travel costs, daily allowance and other costs related to the mobility acitivites.
5. The Cultural Worker is solely responsible for planning, booking and paying travel costs, meal costs and other costs that the Beneficiary might encounter during the mobility period.
6. To participate in the mobility program and to attend the activities of the program as established by the organising parties.
7. To respect the provisions and the scope of the CULTURE NEXT MOBILITY PROGRAM.
8. To inform the Promoter regarding the development of the mobility program and to participate in meetings regarding the activities performed during the mobility period.

VI. ROLE AND RESPONSIBILITIES OF THE PROMOTER

1. Cluj Cultural Centre is the Network Secretariat and it is responsible for the project’s general management and administration, acting as the executive coordinator.
2. As the network’s Secretariat, the organisation will be in charge of the administration of the project, plans and reporting, directing and coordinating project work, and organising activities and events in collaboration with network members.
3. Cluj Cultural Centre shall pay to the Cultural Workers the lump sum grant for the Mobility Program as stated below.
4. Cluj Cultural Centre is responsible for the overall coordination of the Mobility Program.

VII. FINANCIAL TERMS

1. For the participation in this Program, the Cultural Worker / Beneficiary will receive a lump sum grant of [total_value] EUR This lump sum will be used to cover the costs of travel, daily allowance, and other costs that might occur for the Beneficiary during the mobility period. The lump sum grant is composed of a travel allowance, a daily allowance and individual top-ups, as follows:
   • Daily allowance ([days] days, 75 euro/day): [total_daily]
   • Travel allowance ([km]): [total_travel]
   • Communication top-up: [total_communication_topup]
   • Green travel top-up: [total_greentravel_topup]
   • Visa top-up: [total_visa_topup]
   • TOTAL: [total_value]
2. The total lump sum grant mentioned above shall be paid directly by the Promoter to the Cultural Workers.
3. For the purpose of the payment, the Beneficiary states that the necessary bank details are as follows:
   • Bank account owner: [bank_account_owner_org]
   • Issuing bank: [issuing_bank_org]
   • IBAN: [iban_org]
   • SWIFT: [swift_org]
4. The grant is an action grant which takes the form of a lump sum grant for the completion of work and achievement of the deliverables.
5. The total grant amount will be paid in 2 instalments, as follows:
   • a) The first instalment, representing 50% of the total grant amount, is 30 days before the mobility.
   • b) The second instalment represents 50% of the total amount and will be paid within 30 days from the submission and approval of the mobility report.

VIII. MOBILITY IMPLEMENTATION

1. The mobility program will take place in accordance with the mobility details set up in the Mobility Chart (Annexe 1)
2. The duration of the mobility is at least five days.
3. The Beneficiary has three months from the date of signing this agreement to complete the mobility.
4. The Beneficiary can adapt the dates of the mobility project, however, they must stay at the destination country for a minimum of 5 consecutive days.
5. The Beneficiary can leave their place of legal residence up to 14 days prior to the start of the mobility implementation and come back to their place of legal residence up to 14 days after the implementation of their mobility.
6. The implementation of the mobility must be uninterrupted. This means that it is not acceptable to segment the implementation of the mobility into different periods, and/or go to other countries during the implementation of the project in the destination country.
7. The Beneficiary remains fully responsible for their own security and safety, and undertakes the mobility project at their own risk.
8. It is recommended that, before departing from their country of legal residence, the Beneficiary look for travel advice from their Ministry of Foreign Affairs regarding their destination country.
9. The Beneficiary are also encouraged to obtain travel insurance. Culture Next does not offer additional support to cover this cost.

IX. REPORTING AND EVALUATION

1. After completing the mobility project, the Beneficiary must submit an activity report within 30 days from the date of returning to the country of residency.
2. The final report shall include at least the following information and documents:
   • A narrative report – includes a brief description of the activities carried out according to the model provided by the Culture Next Secretariat.
   • A simplified financial report – includes proof of transportation (e.g., train, bus, ferry or airplane ticket/boarding pass; gas/toll tickets; car-sharing confirmation) and a financial declaration, according to the model provided by the Culture Next Secretariat. The Beneficiaries are not asked to send receipts of all their expenses (supermarket, local bus tickets, etc.), unless these contribute to prove their travel abroad.
   • A Payment Request, according to the model provided by the Culture Next Secretariat.
3. The reports will be submitted by email to the Culture Next Secretariat, and documents will be scanned and named in the following way: SURNAME_Name_type of document
4. After verification and approval of the report, the Culture Next Secretariat will proceed with the balance payment of the mobility grant.

X. VISIBILITY & COMMUNICATION

1. The Sending organisation and/or the Beneficiary communication activities related to the mobility must acknowledge Culture Next and the EU support and display the European flag (emblem) and funding statementm as well as Culture Next visuals.
2. The EU emblem must remain distinct and separate and cannot be modified by adding other visual marks, brands or text. Apart from the emblem, no other visual identity or logo may be used to highlight the EU support. When displayed in association with other logos (e.g. of beneficiaries or sponsors), the emblem must be displayed at least as prominently and visibly as the other logos.
3. Use of logo and disclaimer: The Sending City and/or the Beneficiary must clearly acknowledge that their mobility project is supported by Culture Next, a project funded by the European Union. This should be visible in publications, social media posts, programmes and other products realised under the EU-financed project.
4. In their main publications, the Sending City and/or the Beneficiary must use the following elements, provided separately by the Culture Next secretariat: the text and/or logos of ‘Funded by the European Union’ and Culture Next; the following disclaimer: ‘This work was produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.
5. Use of social media channels: if the hosting organisation, the sending organisation or the beneficiary use social media, please they should tag Culture Next and Creative Europe.
6. Pictures from the Mobility Program: The beneficiary pictures may be used and shared on Culture Next social media.

XI. JOINT COMMITMENTS OF THE PARTIES

1. The Parties commit to carrying out their tasks and responsibilities related to the implementation of this agreement and the organising of CULTURE NEXT Mobility Program, based on appropriate management, the principles of transparency and partnership, according to the national legislation in force and the legal framework of the European Education and Culture Executive Agency (EACEA) in the framework of Creative Europe.
2. The Parties undertake to use the information and documents obtained or to which they have access during the implementation of the CULTURE NEXT Mobility Program according to this Agreement and in line with the national legislation in force and legal framework of the European Education and Culture Executive Agency (EACEA) in the framework of Creative Europe, concerning the legal provisions on transparency, access to information and personal data protection.
3. All parties involved in the Mobility Program must ensure that they carry out their contract in accordance with the following principles and obligations related to
   • (a) Conflict of interest
     • (i) The Parties must take all measures to prevent any situation where the impartial and objective implementation of this Agreement could be compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other direct or indirect interest (‘conflict of interests’).
     • (ii) They must formally notify the Network Secretariat without delay of any situation constituting or likely to lead to a conflict of interest and immediately take all the necessary steps to rectify this situation.
     • (iii) The Network Secretariat may verify that the measures taken are appropriate and may require additional measures to be taken by a specified deadline.
   • (b) Ethics
     • (i) The Mobility Program must be carried out in line with the highest ethical standards and the applicable EU, international and national law on ethical principles.
   • (c) EU Values
     • (i) The Parties must commit to and ensure the respect of basic EU values (such as respect for human dignity, freedom, democracy, equality, the rule of law and human rights, including the rights of minorities)
   • (d) Data processing
     • (i) The Parties must process personal data under the Agreement in compliance with the applicable EU, international and national law on data protection (in particular, Regulation 2016/67914).
     • (ii) They must ensure that personal data is:
       • processed lawfully, fairly and in a transparent manner in relation to the data subjects
       • collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
       • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
       • accurate and, where necessary, kept up to date
       • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data is processed and
       • processed in a manner that ensures appropriate security of the data.
     • (iii) The Promoter may grant their personnel access to personal data only if it is strictly necessary for implementing, managing and monitoring the Mobility Grant Agreement. The beneficiaries must ensure that the personnel is under a confidentiality obligation.
     • (iv) The beneficiaries must inform the persons whose data are transferred to the granting authority and provide them with the Portal Privacy Statement.
   • (e) Sensitive information
     • (i) The parties must keep confidential any data, documents or other material (in any form) that is identified as sensitive in writing (‘sensitive information’) — during the implementation of the contract.
     • (ii) Unless otherwise agreed between the parties, they may use sensitive information only to implement the Agreement.
     • (iii) The Parties may disclose sensitive information to their personnel or other participants involved in the implementation of the agreement only if they:
       • need to know it in order to implement the Agreement and
       • are bound by an obligation of confidentiality.
     • (iv) The granting authority may disclose sensitive information to its staff and to other EU institutions and bodies.
     • (v) It may moreover disclose sensitive information to third parties if:
       • this is necessary to implement the Agreement or safeguard the EU financial interests and
       • the recipients of the information are bound by an obligation of confidentiality.
     • (vi) The confidentiality obligations no longer apply if:
       • the disclosing party agrees to release the other party
       • the information becomes publicly available, without breaching any confidentiality obligation
       • the disclosure of the sensitive information is required by EU, international or national law.
4. If the Beneficiary breaches any of its obligations under this Chapter, the grant may be reduced (The amount of the reduction will be calculated for each beneficiary concerned and proportionate to the seriousness and the duration of the errors, irregularities or fraud or breach of obligations, by applying an individual reduction rate to their accepted budget.).

XII AMENDMENT OF THE AGREEMENT

1. Any amendment to this Agreement or its annexes shall be made in writing, by an addendum.

XIII. TERMINATION OF THE AGREEMENT

1. This Agreement may be terminated in case of force majeure. Force majeure means an unforeseeable, insurmountable, and unavoidable event, irrespective of the will of the parties, occurred after the date of signature of the Agreement, which impedes the fully or partially execution of the Agreement and which exonerates from liability the party claiming it. Events such as: natural calamities (earthquakes, floods, landslides), war, revolution, embargo, etc., may be causes of force majeure.
2. The party invoking force majeure has the obligation to notify the other party of the force majeure case, within 5 calendar days from the date of its appearance and to prove it, within a maximum of 10 calendar days. The party invoking force majeure must communicate the date of cessation of force majeure within 3 calendar days.
3. The Parties are obliged to take all measures at their disposal to limit the consequences of force majeure. If the Party invoking force majeure fails to notify the commencement and cessation of force majeure under the prescribed conditions and time limits, it shall bear all damages to the other party for failure to notify.
4. This agreement can be terminated if all signing parties will agree so, in writing, by signing and addendum certifying the termination of the legal relationships regarding this agreement.

XIV. GOVERNING LAW AND DISPUTE RESOLUTION

1. This Agreement is governed by the terms of the Agreement as expressly set out herein and the European Union rules applicable to this Agreement. In case of any disputes, which may arise for the alleged breach of any or all parts of this Agreement, each Party agrees to apply Alternative Means of Dispute Resolution (ADR). If these means have not received a solution, the parties shall accept the jurisdiction of Romanian law and the exclusive jurisdiction of the Court of Cluj Napoca, Romania.

XV. FINAL PROVISIONS

1. This agreement, together with its amendments and appendices, is the will of the parties and supersedes any understanding prior or subsequent to the conclusion hereof.
2. The legal relations between the parties shall be governed by the Romanian laws in force in the field.
3. This contract shall be amended only with the written consent of both parties, by an addendum hereto.
4. The rights and obligations of the parties under this agreement shall be duly supplemented by the legal provisions in force on the date of its signing.

This agreement was signed by electronic means of communication.

By signing this agreement, each Party certifies that they have read the agreement, and they agree with no exceptions with the provisions set herein and confirm that they have received a copy of the document.