Contracting for Forest Carbon : Elements of a Model ... - Forest Trends

Acknowledgments
A joint project between Forest Trends - Katoomba Group and the Duke Environmental Law and Policy
Clinic, this report draws from and complements various other publications. The sample agreement used in
this report is based upon templates developed by others, specifically:
• the CERSPA document, available at www.cerspa.com,
• the International Emissions Trading Association Emissions Trading Master Agreement for the EU
Scheme, available at http://www.ieta.org/ieta/www/pages/getfile.php?docID=194,
• and template contracts for ecosystem services transactions developed by Mark Ellis-Jones of CARE
International, available at www.katoombagroup.org/legal_contracts.
As part of a suite of publications on carbon markets and transactions, this report complements other Forest
Trends publications, including the annual State of the Voluntary Carbon Market and State of the Forest Carbon
Markets reports, and how-to manuals, such as: Getting Started with Payments for Ecosystem Services and the
forthcoming Step-by-Step Guide to Forest Carbon Projects. We urge readers to refer to these publications for
additional information and guidance.
We are grateful to Tauna Szymanski, Michael Jenkins, Johannes Ebeling, Sissel Waage, Jacob Olander, and
Anne Thiel, for reviewing drafts and providing suggestions.
Copyright and Disclaimer
© 2010 Forest Trends and the Katoomba Group
This report and the featured sample agreement are meant to provide a general introduction to contracting for
forest carbon credits and are not intended to be legal advice. The sample contract clauses are illustrative only,
and should not be used without significant additions and customization, as relevant to the particular
circumstances of the transaction.
Duke Environmental Law and Policy Clinic, Forest Trends, and the Katoomba Group (and their respective
affiliates, officers, directors, partners and employees) do not make any representations or warranties as to the
accuracy, suitability or content of this report or the sample agreement and have no liability or responsibility
for any damages or losses resulting out of their use in the individual case in any jurisdiction. It is the sole
responsibility of the reader to ensure that the information in this report is accurate, applicable to, and suitable
in his or her particular situation before making any decision based upon this information.
Use of this report, or the sample clauses contained herein, does not create an attorney-client relationship
between any person and the Duke Environmental Law and Policy Clinic, Forest Trends or the Katoomba
Group. It is strongly recommended that the reader consult with a lawyer to determine whether specific
information is relevant to the reader’s particular situation, and to seek appropriate legal and professional
advice before entering into any transaction.
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