written consent to assignment

Ways to talk about consent: You could get right to the point and ask: Can I kiss you? Can I take this off? What about these? Do you want to have sex, or would you like to wait? Can I [fill in the blank]? You can also take the opportunity to use open communication about sex and boundaries as foreplay. Here are some ideas: I think it’s hot when we [fill in the blank], do you want to do this? It feels so good when you [fill in the blank], do you want to do this? Can I take your clothes off? Can I kiss you here? If you’re already in the heat of the moment, you could say: Are you comfortable with me doing this? Do you want me to stop? How far are you comfortable going tonight?

Remember that consent needs to be ongoing. This means even if you’re in the throes of a heavy make out session or foreplay, your partner needs to consent before you take things to the next level.

Asking if they’re comfortable, if they want it, and if they want to keep going is important, so keep communicating and don’t just make assumptions.

Consent under the influence

Consenting under the influence is a tricky subject. It’s unrealistic (and not legally accurate) to say consent isn’t possible if the parties have been drinking. Plenty of people drink and remain coherent enough to consent.

However, studies show a direct relationship between excessive alcohol consumption and the risk for committing sexual assault. Approximately one half of sexual assaults involve alcohol consumption by the perpetrator, the person who’s been assaulted, or both.

Sexual assault, even if it involves alcohol consumption, is never the victim’s fault. If you and others are under the influence, you should understand the risks when assessing whether you have consent to engage in sexual activity.

If either party is under the influence of drugs or alcohol, it’s even more important to communicate your own boundaries and be extra sensitive to your partner’s boundaries.

Here are some good guidelines to follow:

What consent sounds and looks like

You know you have consent when the other person has clearly said yes — without being pressured — and has given you permission to do something.

Here are examples of what consent looks like:

You do not have consent from another person if:

Verbal and nonverbal cues

People communicate using words and actions, while some people are more comfortable with one than the other. This can cause some confusion when it comes to consent.

Verbal cues are when the person uses words to express what they want or don’t want, while nonverbal cues are given using their body language or actions to express themselves.

Here are examples of words and phrases that indicate verbal consent: Yes I’m sure I want to Don’t stop I still want to I want you to Some examples of words and phrases that indicate that you do NOT have consent are: No Stop I don’t want to I don’t know I’m not sure I don’t think so I want to, but… This makes me uncomfortable I don’t want to do this anymore This feels wrong Maybe we should wait Changing the subject

A person might communicate that they don’t consent by using actions and body language. These are possible nonverbal cues that indicate that you don’t have consent:

Even if a person appears to be giving nonverbal cues that make it seem like they’re into it and want to have sex, make sure you get verbal consent before continuing. Be sure and don’t just assume.

Often times, people who’ve experienced sexual assault are silent and appear to “give in” to the sexual act for fear of harm or wanting the incident to be over, NOT because they’re consenting to the act.

General guidelines for consent

Here are quick guidelines for engaging in consensual sex:

Understanding sexual assault

The definition of sexual assault isn’t always clear, depending on the source.

Sexual assault is any type of unwanted sexual, physical, verbal, or visual act that forces a person to have sexual contact against their will. There are different forms of sexual assault.

Some examples include:

What to do if you’ve been sexually assaulted

If you’ve been sexually assaulted, it can be hard to know where to turn or what steps to take next. Know that you’re not alone and what happened to you isn’t your fault .

What to do if you’ve been sexually assaulted: Call 911 if you’re in immediate danger or are injured. Reach out to someone you trust. You don’t have to go through this alone. Contact the police to report the sexual assault. What happened to you is a crime. If you’re raped, get a “rape kit” completed immediately. This can be administered at a hospital or clinic and will be useful to collect evidence, regardless of whether or not you’ve decided to report the sexual assault to the police. Contact your local sexual assault center to seek counseling. Call the National Sexual Assault Hotline at 1-800-656-4673.

There are also many resources available to help you.

NOMORE.org offers an extensive list of telephone and online resources that can put you in touch with services in your area. Visit https://nomore.org/need-help-now/ .

Adrienne Santos-Longhurst is a freelance writer and author who has written extensively on all things health and lifestyle for more than a decade. When she’s not holed-up in her writing shed researching an article or off interviewing health professionals, she can be found frolicking around her beach town with husband and dogs in tow or splashing about the lake trying to master the stand-up paddle board.

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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

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:

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.

If you need help with consent to assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Request for Consent to Assignment of Contract Template

REQUEST FOR CONSENT TO ASSIGNMENT OF CONTRACT

[ NAME OF OTHER PARTY TO AGREEMENT ]

[ OTHER PARTY’S ADDRESS ]

Re: Request to Assign [ TYPE OF CONTRACT ] Contract

Dear [ NAME ] ,

As you are aware, [ OTHER PARTY COMPANY ] entered into a [ TYPE OF CONTRACT ] contract with [ REQUESTING PARTY COMPANY ] on or around [ DATE ] (the “Contract”). The Contract term runs through [ DATE ] and both parties are obligated to honor the terms of the Contract until that date. Moreover, according to Section [ SECTION NUMBER ] of the Contract, we cannot assign our rights under the Contract without your consent.

Recently, [ EXPLAIN CIRCUMSTANCES GIVING RISE TO ASSIGNMENT ] . As such, it would be beneficial for us to be able to assign our rights under the Contract to [ NAME OF THIRD PARTY ASSIGNEE ] (the “Assignee”). We also believe that assignment of the Contract to the Assignee is of benefit to [ OTHER PARTY COMPANY ] because [ LIST REASONS BENEFICIAL TO OTHER PARTY COMPANY ] .

In light of the above, we kindly request your written consent to assign any and all rights of ours under the Contract to the above-referenced Assignee.

[ In consideration of your consent, we are willing to offer: [( i) payment in the amount of [ AMOUNT ] ;] and [( ii) a guarantee of the performance of the Assignee under the Contract. ]]

With your signature below, you will consent to our assignment of the Contract to the Assignee. If you should have any questions regarding this matter, or would like to speak directly to the Assignee before making a decision, please do not hesitate to reach out to me directly at [ CONTACT INFORMATION ] .

[ NAME OF REQUESTING PARTY ]

On behalf of [OTHER PARTY COMPANY] , I hereby consent to the assignment of the Contract in accordance with the above:

_______________________________ _________

Signature Date

_____________________________________________

PAGE

Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms , whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license. Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.

Consent to Assign Sample Clauses

Request for Consent to Assignment of Contract | Practical Law

Request for Consent to Assignment of Contract

Practical law standard document 5-529-2265 (approx. 12 pages).

Consent to assignment

Consent to assignment clause samples

3. FieldPoint’s Consent to Assignment. FieldPoint hereby consents to this assignment by Assignor to Assignee as provided in this Agreement. Such consent is expressly conditioned upon Assignee’s acknowledgment and agreement that neither this consent nor anything contained in this Agreement shall be deemed to modify, alter, amend, or waive any provisions of the Agreement.

04/11/2017 (FIELDPOINT PETROLEUM CORP)

2. Consent to Assignment. Notwithstanding any other provision of this Agreement, each party hereto hereby consents to the assignment, grant, pledge, conveyance and transfer by the other party hereto, for the benefit of any lender, agent or other secured party under any financing arrangement to which the Partnership is a party, of a lien, security interest or other encumbrance on and continuing security interest in all of such other party’s estate, title and interest in its Interest and the exercise by each such secured party of its rights and remedies in connection therewith, including, without limitation, the right to exercise the voting and consensual rights and other powers with respect to such Interest and the right to foreclose upon, or exercise a power of sale with respect to, such Interest and to cause such secured party or any third party designee or purchaser of such Interest to become an additional or substitute partner in the Partnership.

06/15/2018 (Cheniere Energy Partners, L.P.)

1. Consent to Assignment. The undersigned hereby acknowledges and consents to the assignment of the Power Plant Equipment Lease to Buyer and the assumption of the Power Plant Equipment Lease by Buyer in conjunction with Buyer’s acquisition of the Hotel. The undersigned waives any and all rights of notice relating to such assignment and any right to terminate the Power Plant Equipment Lease as a result of such assignment and any default, event of default or defense to enforceability that may otherwise arise as a result of such assignment.

09/27/2016 (Playa Hotels & Resorts B.V.)

3. Consent to Assignment. Assignor hereby consents to the admittance of Assignee as a substitute member of the Company. Assignor hereby waives all provisions, if any, in the Limited Liability Company Agreement of the Company or provided in the Delaware Limited Liability Company Act or any other applicable law, that would prohibit, delay, require notice of, grant rights in connection with, or require compliance with any other requirements in connection with, such assignment and admission.

06/29/2018 (Berry Petroleum Corp)

3.Consent to Assignment. Citi consents to the assignment and assumption of the Agreement from Polaris India to Virtusa India , and with respect to Polaris India, the assignment and assumption of any Transactional Document executed by Polaris India to Virtusa India, and Citi acknowledges the rights, responsibilities, and authority of Virtusa India as though Virtusa India were the original party under the Agreement and Transactional Documents to which Polaris India was a party. Other than as set forth above, for the other Transactional Documents to which an Affiliate of Polaris India was a party, such Transactional Documents are not assigned but rather shall now reflect the changed name of such Affiliate per the table above.

07/31/2020 (VIRTUSA CORP)

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Meet the Editors

How Is a Contract Assigned?

(page 2 of 2 of what is an assignment of contract).

There are three steps to follow if you want to assign a contract.

Step 1: Examine the contract for any limitations or prohibitions. Check for anti-assignment clauses. Sometimes the prohibition is not a separate clause but is included in another provision. Look for language that states, "This agreement may not be assigned." If you find such language, you may not be able to assign the agreement unless the other party consents.

Step 2: Execute an assignment. If you are not prohibited from assigning the contract, prepare and enter into an assignment of contract: an agreement that transfers the parties' rights and obligations.

Step 3: Provide notice to the obligor. After you have assigned your contract rights to the assignee, you should provide notice to the other original contracting party (referred to as the obligor). This notice will effectively relieve you of any liability under the contract, unless the contract says differently (for instance, if the contracts says that the assignor guarantees the performance of the assigned contract or the contract prohibits an assignment) or the assignment is prohibited by law.

Anti-Assignment Clauses

If you're making a contract and you don't want assignment to be an option, you need to clearly state that in your agreement. Below are three variations of anti-assignment clauses that can be used in a contract.

EXAMPLE 1: Consent Required for Assignment

Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of the other. Any assignment or delegation in violation of this section shall be void.

EXAMPLE 2: Consent Not Needed for Affiliates or New Owners

Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of the other. However, no consent is required for an assignment that occurs (a) to an entity in which the transferring party owns more than 50% of the assets, or (b) as part of a transfer of all or substantially all of the assets of the transferring party to any party. Any assignment or delegation in violation of this section shall be void.

EXAMPLE 3: Consent Not Unreasonably Withheld

Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of other. Such consent shall not be unreasonably withheld. Any assignment or delegation in violation of this section shall be void.

Anti-assignment clauses can also be modified to prohibit only one of the parties from assigning rights. Also, when preparing an anti-assignment clause, keep in mind that you can prevent only "voluntary" assignments; you cannot prevent assignments that are ordered by a court or that are mandatory under law--for example, in a bankruptcy proceeding.

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Practical Law

Request for Consent to Assignment of Contract

Practical law standard document 5-529-2265 (approx. 12 pages).

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COMMENTS

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A letter of consent is a letter written by a person authorizing a particular action by another individual. The most important aspect of a consent letter is that it must indicate that the individual referred to in the letter is being given p...
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Assignee does hereby expressly assume and agree to be bound by and to perform and comply with, for the benefit of Landlord, each and every obligation of the
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This Consent may be amended or modified only by an instrument in writing signed by Southern, Assignor and Assignee. Any waiver shall be effective only for the
Request for Consent to Assignment of Contract
A generic form of request for consent to the assignment of a commercial contract, which can be used by a party that is assigning its rights or delegating
Examples of consent to assignment clauses in contracts
1. Consent to Assignment. The undersigned hereby acknowledges and consents to the assignment of the Power Plant Equipment Lease to Buyer and the assumption of
How Is a Contract Assigned?
Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of other. Such consent
Request for Consent to Assignment of Contract
A generic form of request for consent to the assignment of a commercial contract, which can be used by a party that is assigning its rights or delegating