California Attorney General's Guide for Charities

Fundraising Agreement

This Agreement is made by and between , a charitable and non-profit corporation, organized and existing under the laws of the state of , with its principal office located at

, referred to herein as Organization, and

, located at , referred to herein as Contractor.

Whereas, Organization desires for Contractor to raise funds for it during the Term of this Agreement; and

Whereas, Contractor desires to raise funds for Organization during the Term of this Agreement;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The Term of the Agreement will be from the date shown above and shall terminate on . The parties may mutually agree in writing to extend the date the Agreement expires prior to its expiration.

2. Organization must review and approve the final design of any fundraising product used by Contractor pursuant to this Agreement. Organization will not unreasonably withhold such approval. Organization must be allowed reasonable turn around time for such approval. After approval has been granted, both Organization and the Contractor will certify in writing the final design of the products. Such certification will state as follows:

We, of Organization and hereby certify that the attached product design represents the final, agreed to product to be used in the Promotion.

3. Organization must review and approve all Promotion materials, including, but not limited to advertising, letters, and press releases, that use the name and/or emblem of the Organization, prior to production, printing and publication. Such approval will not be unreasonably withheld. Organization must be allowed reasonable turn around time for such approval. All uses of the Organization’s name and emblem must be consistent with the graphic standards of the Organization. All promotion materials will include a disclaimer that reads as follows:

The (Name of Charitable Organization) ’s, name and emblem are used with its permission, which in no way constitutes an endorsement, express or implied, of this product.

All Promotion materials must fully and truthfully state the percentage of net proceeds that will be contributed to Organization and/or the portion of the product price or the fixed amount that Organization will receive. All Promotion materials will specify the full name of the Organization and an address or phone number to contact for additional information about the charity or the campaign, and the term of the campaign. After approval has been granted, both Organization and the Contractor will certify in writing the final text of all materials to be used in the Promotion. Such verification will state as follows:

We, of Organization and hereby certify that the attached advertising or promotional copy represents the final, agreed to language to be used in the Promotion.

4. Potential corporate sponsors of the Promotion need to be approved in advance by Organization. Organization will not accept individuals as sponsors. Sponsorship will not infer any product endorsement. A disclaimer will be made in any of the Promotion materials of any product endorsement by Organization. Such disclaimer will read as follows:

The (Name of Charitable Organization) ’s, name and emblem are used with its permission which in no way constitutes an endorsement, express or implied, of this product.

All Promotion materials approved for public distribution will fully and truthfully state any terms of this sponsorship which may provide support to the Organization under the terms of this Agreement.

5. Organization will receive percent of the net proceeds (defined as gross proceeds minus the cost of manufacturing and promoting the service and/or product) generated by this Promotion. Such funds will be forwarded on a monthly basis by the 15th day of the month following receipt by the Contractor to the following address:

Checks will be made payable to the .

6. Two weeks after the close of the Promotion, or two weeks following the expiration of the Agreement on or about , or if earlier, its termination, whichever comes first, Organization will receive a full and final accounting of all the funds collected and expected from the Contractor.

7. The Organization will incur no financial liability for the Promotion. All financial liabilities will be assumed by the Contractor. Neither Organization nor its directors, officers, employees and volunteers will be liable for any injury or death of any participant, customer or workman employed in connection with the conduct of the Promotion or the care and maintenance of any equipment used in the Promotion, or the surrounding grounds, buildings, and facilities or any other employees of any place where the Promotion shall be conducted nor shall Organization or its directors, officers, employees or volunteers be liable for any property damage which may occur during the term of Promotion covered herein. The Contractor will indemnify and hold Organization and its directors, officers, employees and volunteers harmless against and from any and all suits, claims, demands, liabilities, costs and expenses, (Including reasonable counsel fees whether incurred in preparation of trial, at trial or on appeal), arising out of the Promotion or related to the condition of any equipment used and/or surrounding facilities; provided, however, that the Contractor shall not be obligated to indemnify or hold harmless Organization and its directors, officers, employees and volunteers, with respect to any suit, claim, demand, liability, cost or expense arising out of or related to, the negligence, recklessness or willful misconduct of Organization, and its directors, officers, employees and volunteers.

8. Since Organization may be the recipient of funds from its participation in other similar Promotions, it is understood and agreed that this Agreement creates no exclusive rights in the Contractor for this Promotion.

9. The Organization reserves the right to inspect the financial records of the Contractor regarding the funds collected as the result of the Promotion.

10. The Contractor agrees that it will comply with all state and/or municipal charitable solicitation statues and/or ordinances which purport to affect or apply to the Promotion. The Contractor agrees that it will not use the Organization’s tax exemption in any matter as a part of the Promotion, nor will the Contractor represent to the public that it enjoys any tax exempt rights or privileges as a result of its participation in the Promotion.

11. Organization assigns, (e.g., Name of Executive Director) , as its representative. All Organization approvals and authorizations are to be secured through this representative.

12. The Organization reserves the right at its discretion and without any liability to terminate the Agreement at any time if it determines that such termination is in its best interests by giving ten (10) days written notice to the Contractor. Any default in, or breach of, the terms and conditions of this Agreement by the Contractor will result in its immediate termination, upon written notification to that effect from Organization to the Contractor.

13. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

14. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

15. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

16. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

17. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

18. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

19. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

20. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

21. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.