Can the agreement be signed electronically?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Are donor receipts affected by electronic signing?

No. Donor acknowledgment and receipt requirements are unchanged by eSigning; the charity remains responsible for timely and accurate written acknowledgements for tax-deductible donations.

Do I need a notary or witnesses?

Most fundraising agreements do not require notarization, but state-specific requirements or associated documents (deeds, POAs) may. Check local rules for notarization or witness needs before execution.

What about HIPAA or donor privacy?

If donor records include protected health information, execute a Business Associate Agreement and ensure handling complies with HIPAA and state privacy laws.

How should I store signed agreements?

Store certified signed copies with an audit trail, retain originals for the active term plus recommended retention periods, and ensure secure access controls and backups.

What happens on disputes over remittance?

Follow the agreement's reconciliation, audit, and dispute-resolution procedures; preserve all transaction logs and signed reports to support resolution and potential regulatory review.

Electronic Signature
Templates
Miscellaneous
Charity Fundraising Agreement

Charity Fundraising Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Charity Fundraising Agreement

This Charity Fundraising Agreement ("Agreement") is made and entered into as of by and between:

Parties

Charitable Organization Organization Address Primary Contact Fundraiser Fundraiser Address Fundraiser Contact

Recitals

WHEREAS, the Charitable Organization desires to retain the services of the Fundraiser to plan and conduct a fundraising campaign known as "" for the primary purpose of raising funds for its charitable programs; and

WHEREAS, the Fundraiser represents that it has the experience, personnel and resources to solicit donations, plan events, and otherwise undertake fundraising activities on behalf of the Charitable Organization in accordance with the terms and conditions of this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the fundraising activities and the disposition of funds raised.

Scope of Work

The Fundraiser shall perform professional fundraising services including, but not limited to, donor outreach, event planning and execution, online solicitation, pledge processing, reporting and recordkeeping, and other tasks reasonably necessary to conduct the Campaign in accordance with the Charitable Organization's mission and applicable law. Services to be provided in detail:

Payment Terms

Fundraising Goal: $ (gross amount sought).

Compensation: The Fundraiser shall be compensated as follows (select applicable and describe amounts):

Compensation Options (check all that apply)

Percentage commission of gross funds raised: %

Flat fee: $

Reimbursable Expenses: The Charitable Organization shall reimburse reasonable, pre-approved expenses incurred in connection with the Campaign up to $ unless otherwise authorized in writing.

Payment Schedule and Method

Late Payment: Unpaid amounts shall accrue interest at % per month, calculated monthly, or the maximum rate permitted by law, whichever is lower, together with any collection costs incurred by the Fundraiser.

Term and Termination

Term: This Agreement commences on and continues until unless earlier terminated as provided below.

Termination for Convenience: Either party may terminate this Agreement without cause upon days' prior written notice to the other party.

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within 15 days after receipt of written notice specifying the breach.

Confidentiality

Each party shall treat as confidential all non-public information provided by the other party in connection with the Campaign ("Confidential Information"). Confidential Information does not include information that (a) is or becomes publicly known through no breach of this Agreement, (b) is already lawfully in the receiving party's possession, or (c) is rightfully obtained from a third party without restriction. The receiving party shall not disclose Confidential Information to any third party except as required by law, and shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care. This obligation shall survive termination of this Agreement for years.

Records, Accounting and Reporting

The Fundraiser shall maintain accurate books and records relating to all funds raised and expenses incurred in connection with the Campaign and shall provide periodic reports to the Charitable Organization in accordance with the schedule set forth in the Payment Schedule. Upon reasonable notice, the Charitable Organization may inspect and copy such records. All funds raised shall be held and remitted in a manner consistent with applicable charitable solicitation laws and the Charitable Organization's fiduciary obligations.

Indemnification and Compliance

Each party shall indemnify, defend and hold harmless the other party, its officers, directors, employees and agents from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement, negligence, willful misconduct, or violation of applicable law in connection with the Campaign. The Fundraiser shall comply with all laws governing charitable solicitations, data protection, and tax reporting.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement; Amendment

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment or modification of this Agreement shall be binding unless executed in writing by both parties.

Miscellaneous

Notices under this Agreement shall be delivered to the contact persons listed above. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that the Charitable Organization may assign to an affiliate.

Charitable Organization:

By:

Date:

Fundraiser:

By:

Date:

What a Charity Fundraising Agreement Covers

A Charity Fundraising Agreement is a written contract between a charitable organization and an individual or firm engaged to solicit donations or run a fundraising campaign. It defines the parties, scope of services, compensation or commission structure, reporting and remittance procedures, donor data handling, confidentiality, compliance obligations, termination rights, and governing law. The agreement establishes expectations for campaign timelines, performance metrics, recordkeeping, and dispute resolution so both the charity and fundraiser have a clear, enforceable framework for handling contributions and donor communications.

Why a Clear Agreement Matters for Fundraising

A formal agreement reduces legal risk, clarifies fundraising fees and reporting, preserves donor trust, and documents compliance with tax and privacy rules. It protects charitable status by defining proper handling of restricted gifts and ensures transparent remittance timelines and auditability.

Who Typically Prepares or Signs These Agreements

Common signers include charity executives, contracted fundraisers, and event managers who need clearly defined responsibilities before funds are solicited.

Nonprofit executive teams and development directors who oversee fundraising strategy and legal compliance for the organization.
Professional fundraising firms and consultants who provide campaign planning, telemarketing, or direct-mail solicitation services under contract.
Event organizers, volunteer leaders, or vendors engaged to run a specific campaign or donor event with financial reporting obligations.

The agreement helps internal stakeholders and external vendors align on reporting cadence, donor receipts, and any gift restrictions before solicitation begins.

Primary Signatory Roles

Executive Director

The charity's chief officer authorized to bind the organization. Typically approves compensation, budget allocations, and indemnities, and ensures the agreement aligns with nonprofit bylaws and state fundraising statutes.

Fundraising Vendor

An individual or firm providing solicitation services. Should identify responsible agents, provide proof of registration where required, agree to reporting and remittance schedules, and accept confidentiality and data-protection obligations.

Core Elements to Include in the Agreement

A professional agreement structures the campaign, payment terms, and accountability so both parties can measure performance and comply with applicable law.

Parties

Full legal names and contact details for the charity and the fundraiser, including entity type and primary representative for notices.

Scope

Detailed description of fundraising activities, channels (online, phone, events), territories, and any prohibited solicitation methods.

Compensation

Fee structure, commission rates, expense reimbursement rules, payment schedule, and treatment of refunded or returned donations.

Reporting

Required reports, frequency, format, donation reconciliation, receipts for donors, and access to supporting records for audits.

Compliance

Representation of registration status, compliance with state charity solicitation laws, and data/privacy protections for donor information.

Termination

Notice periods, grounds for immediate termination, post-termination remittance, and surviving clauses like confidentiality and indemnity.

Key Data and Security Provisions to Specify

Encryption in Transit: TLS 1.2/1.3

Encryption at Rest: AES-256

Audit Trail: Immutable timestamps

Certifications: SOC 2 Type II

Healthcare Rules: HIPAA (BAA required)

eSignature Law: ESIGN / UETA compliant

How to Complete a Charity Fundraising Agreement

Follow these sequential steps to complete the agreement accurately and reduce later disputes.

01

Gather details: Collect legal names, EINs, contact and bank remittance information.
02

Define scope: Describe channels, timelines, and specific deliverables in plain language.
03

Set payment terms: Specify rates, invoicing, and treatment of refunds or chargebacks.
04

Sign and retain: Execute signatures and store certified copies with audit trails.

How to Configure an Online Signing Workflow

Set up digital workflow settings so signatures and records are captured with sufficient authentication and retention.

Field	Configuration
Authentication	Email link \| SMS code \| ID verification
Routing Order	Sequential signing with signer roles and reminders
Field Types	Signature, initials, date, checkbox, conditional fields
Retention	Automated storage with audit trail and export formats

Typical eSigning and Delivery Flow

The common online sequence ensures accountability, authentication, and a downloadable completed record with audit details.

Prepare Document: Upload final agreement and place required fields for each signer.
Add Signers: Enter signer emails, roles, and routing order.
Authenticate: Choose authentication strength based on donor/data sensitivity.
Complete and Archive: Signed copies and audit trail automatically stored and distributed.

Digital Signing and Integration Considerations

Verify platform capabilities for secure signatures, integration with donor CRMs, and compliance with applicable regulations.

Integrations: CRM and storage connectors like Salesforce, NetSuite, Google Workspace
File Formats: Support for PDF, DOCX, and downloadable certified copies
Access Controls: SSO, role-based permissions, and audit logging

Ensure chosen tools can produce tamper-evident signed PDFs, retain audit logs, and support any required BAAs for protected health information.

Timing Items to Include in the Agreement

Document explicit timeframes so fundraising proceeds, reporting, and reconciliations happen predictably and meet legal expectations.

Effective Date and Term:

Start and end dates, and conditions for automatic renewal or extension.

Campaign Launch Date:

The date solicitation begins and any phased rollout schedule.

Remittance Schedule:

Frequency for transferring collected funds to the charity, commonly within 30 days.

Reporting Frequency:

Regular reconciliation reports, e.g., weekly or monthly, with supporting transaction detail.

Post-Campaign Reconciliation:

Deadline for final accounting and dispute resolution after campaign close.

Common Mistakes to Avoid When Preparing the Agreement

Failing to specify who issues tax-deductible receipts increases donor confusion and may jeopardize deductions.
Using vague compensation language without net proceeds definitions leads to disputes over expense allocations and commission bases.
Not addressing data protection or failing to require a BAA where PHI may be handled risks HIPAA violations and exposure.
Omitting state registration or disclosure obligations can result in enforcement action and damage to the charity's reputation.

Key Penalties and Financial Risks

1099 Penalties: $60 / $130 / $330 (IRC §6721)

Intentional 1099: $660+ per form, no cap

Backup Withholding: 24% for missing/incorrect TIN

I-9 Paperwork: $281–$2,789 per violation

HIPAA Civil Penalty: Varies by violation severity

Breach Remediation: Investigation and notification costs

Practical Examples from Organizations Using Digital Agreements

Real organizations have used eSigning to speed execution and improve auditability for third-party fundraising engagements.

Optica Ventures LLC

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

They noted reduced turnaround on contracts.
The result was faster campaign starts and clearer reporting, helping the nonprofit reconcile donations more promptly and reduce administrative delays.

Fertility Centers of Illinois

The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company.

They integrated signed agreements into existing systems.
Integration enabled consistent recordkeeping and made post-campaign audits and donor acknowledgements simpler and more reliable.

eSignature Pricing and Feature Comparison (signNow first)

Compare common plan and capability criteria across providers to assess cost and compliance fit for signing Charity Fundraising Agreements.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Charity Fundraising Agreements

Answers to common questions about enforceability, signatures, and compliance for fundraising contracts.

Need help? Contact support

Can the agreement be signed electronically?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Are donor receipts affected by electronic signing?
No. Donor acknowledgment and receipt requirements are unchanged by eSigning; the charity remains responsible for timely and accurate written acknowledgements for tax-deductible donations.
Do I need a notary or witnesses?
Most fundraising agreements do not require notarization, but state-specific requirements or associated documents (deeds, POAs) may. Check local rules for notarization or witness needs before execution.
What about HIPAA or donor privacy?
If donor records include protected health information, execute a Business Associate Agreement and ensure handling complies with HIPAA and state privacy laws.
How should I store signed agreements?
Store certified signed copies with an audit trail, retain originals for the active term plus recommended retention periods, and ensure secure access controls and backups.
What happens on disputes over remittance?
Follow the agreement's reconciliation, audit, and dispute-resolution procedures; preserve all transaction logs and signed reports to support resolution and potential regulatory review.

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