Fill and Sign the Consultant Form

Fundraiser Consultant Agreement This Consulting Agreement (the Agreement ) is made between ________________ ___________________ (Name of Consultant) of _______________________________ ________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called the Consultant, and ________________________________________________ (Name of Organization) , a nonprofit corporation organized and existing under the laws of the state of __________________, with its principal office located at _________________________ ________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as the Organization . Whereas, Consultant is knowledgeable and has expertise in matters pertaining to promotional events, fund-raising, donor development and donor relations; and Whereas, Organization desires to hire Consultant to perform certain event organizing, marketing and fund-raising services to assist it in accomplishing the purposes of the Organization ; . 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. Services Organization hires Consultant to provide the following services: A. Advise Organization on (specify fundraising events and types of fundraising activities on which advice will be given) ______________________ __________________________________________________________________ __________________________________________________________________ _________________________________________________________________; B. Give priority to the provision of the services at all reasonable times and use its best endeavors to promote the interests of the Organization and shall faithfully and diligently perform its duties and exercise such powers consistent with them which shall from time to time be necessary in connection with the fulfillment by it of its obligations under this Agreement. C. Do nothing to bring the Organization into disrepute in any manner whatsoever. 2. Meetings and Reports Consultant and the Organization will hold regular meetings at _______________ ______________________________________________________________ (address) for the purpose of reporting progress and discuss future plans and for the Organization and to review the working of this Agreement. In addition to attending such meetings, Consultant will provide to the Organization a written progress report every ________ (number) months while this Agreement is in force. 3. Period of Agreement A. This Agreement will commence on the ____________________________ (date) and shall continue for a period of (e.g., months) ________________ unless terminated earlier under this clause. B. Either party may at any time terminate this Agreement by giving the other party ____________________ (number of months or weeks) notice in writing. C. Organization shall be entitled to terminate this Agreement immediately if Consultant does anything which in the reasonable opinion of the Organization brings, or in its opinion is reasonably likely to bring, the Organization ’s reputation into disrepute. 3. Compensation Organization shall pay Consultant compensation as follows: A. Organization will pay to the Consultant a fee of $_______________. B. Consultant will invoice Organization on the first day of each month for on-site services to be rendered in that month, and for additional services rendered and costs advanced on behalf of Organization during the preceding month. Organization shall tender full payment of the amount reflected on each invoice to Consultant within thirty (30) days after receipt. Other invoices for miscellaneous projects and services shall be due and payable within thirty (30) days after receipt, unless otherwise stated on the invoice. 4. Project Expenses A. Organization shall reimburse Consultant for actual out-of-pocket expenses advanced in the performance of the services described in the prior Section. However, all such expenses must be substantiated by receipts, invoices or other proofs of payment of charges incurred. Out-of-pocket expenses include without limitation long distance telephone charges, airline fares, meals, mileage, lodging outside of _______________________________ (location such as City) , parking tolls, filing or license fees, professional fund raiser's bond premiums, purchase of broadcast television time, and film or tapes. B. All art work and mechanical costs relating to promotional events, regular media advertising, and promotional materials will be billed at cost plus ______%. C. All project expenses described in the prior subparagraph shall be initiated only upon request by Organization , as evidenced by a purchase order or other written form supplied by the Organization . Consultant may submit to Organization a written cost estimate on any project expenses or production event services, but work will not commence until a purchase order or other written authorization is received by Consultant . All contracts and orders will be placed in accordance with Organization's approval. 5. Copyright and Data Protection A. The copyright in all artwork, copy and any other work capable of being subject to copyright, produced or created by the Consultant at the specific request of the Organization shall vest in the Organization . B. All artwork and hard copy of such copyright material shall be handed over by the Consultant to the Organization within 14 days of the termination of this Agreement and at any time on the request of the Organization during the currency of this Agreement. C. The Consultant undertakes with the Organization to maintain all data in a complete and accurate manner including details of all donors to the Organization recruited as a result of the Consultant’s activities and to hand over hard copy and a computer disc of that list each month to the Organization . On termination of this Agreement the Consultant shall hand over to the Organization all copies of the data (in whatever form). The Consultant undertakes that they shall not deal in, exploit or use in any manner whatsoever the data, whether during the term of this Agreement or after its termination. D. The Consultant warrants and represents to the Organization that any copyright works or documents created by it pursuant to this Agreement or by its personnel or sub-contractors, will not infringe the intellectual property rights of any third party whatsoever. E. The Consultant undertakes to abide at all times by all relevant legislation and regulations in relation to the discharge by it of its obligations under this Agreement. 6. Indemnity The Consultant agrees to indemnify the Organization with respect to any costs, claims, loss or liability whatsoever suffered by the Organization (including reasonable legal costs and disbursements) as a result of any breach by the Consultant of any of the terms of this Agreement. 7. Confidentiality Consultant agrees to treat as secret and confidential, and that it will not at any time for any reason disclose or permit to be disclosed to any person or persons or otherwise any information relating to the Organization’s business affairs or finances (as the case may be) where knowledge or details of the information were received during the term of this Agreement. 4. Nothing contained in this Agreement shall be deemed to create any relationship between the parties except the independent contractor relationship specified in this Agreement, and the parties understand and agree that no license or other right or title is granted under or by this Agreement in the other party's business, enterprises, revenues, business opportunities, operating assets, intellectual property rights or any other tangible or intangible assets or properties. 8. If any provision of this Agreement is determined to be invalid or unenforceable by a court, the remaining valid provisions shall constitute the entire agreement of the parties without any action by or further notice to the parties. 9. 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. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________________. 11. 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. 12 . 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. 13. 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. 14. 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. 15. 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. 16. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. _____________________________ (Name of Organization) By: ___________________________ ________________________ ________ ______________________________ ________________________________ (P rinted or typed name) (P rinted or typed name) of Consultant _______________________________ _______________________________ (Name and Office in Corporation)