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Fundraiser Employment Contract

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FUNDRAISER EMPLOYMENT CONTRACT

Parties and Effective Date

This Fundraiser Employment Contract ("Agreement") is entered into between Employer Name: , with principal address: , and Employee Name: . The effective date of employment is .

Personal Information

Position and Term

Start Date:    Employment Status: Full-time Part-time Independent Contractor

Exempt Status: Exempt Non-exempt

Duties and Responsibilities

The Employee accepts employment as a fundraiser and agrees to perform duties that include, but are not limited to, donor cultivation, solicitation, stewardship, proposal development, event coordination, and recordkeeping. Employee shall comply with Employer's written policies and applicable laws governing charitable solicitations and donor confidentiality. The Employee's primary office location:

Compensation and Expenses

Commission Rate on Net Gifts: . Commission payments are subject to clawback provisions for refunded or revoked gifts.

Benefits

Benefits (if any) will be provided in accordance with Employer policies. Employer will make available the following benefits:

Background Check, References and Certifications

Employee hereby authorizes Employer to verify any and all information provided, including employment history, education, criminal records, and credit checks where permitted by law, and to contact references and former employers. Employee Authorization: I authorize background and reference checks.

Employment History

Dates Employed: From To

Dates Employed: From To

Education

Professional References (3)

Legal Terms and Employer Policies

At-Will Employment: Employment under this Agreement is at-will. Either Employer or Employee may terminate the employment relationship at any time, with or without cause or advance notice, unless specifically modified in a separate, signed written agreement.

Equal Opportunity: Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected characteristic under applicable law.

Confidentiality and Donor Privacy: Employee will keep confidential all donor lists, gift information, prospect research, fundraising strategies, and other proprietary information. Employee acknowledges that donor information is the exclusive property of Employer. Unauthorized use or disclosure of confidential information is grounds for discipline and may result in legal action.

Non-Solicitation and Non-Competition: During employment and for a period of twelve (12) months following termination, Employee shall not directly solicit or accept donors or major donors of Employer for competing organizations within the Employer's service area. This clause is limited to activities that would cause demonstrable harm to Employer's fundraising efforts.

Compliance with Law: Employee shall conduct fundraising activities in strict compliance with all applicable laws and regulations governing charitable solicitations, tax deductibility disclosures, and gift acceptance policies.

Intellectual Property: All materials created by Employee in the scope of employment related to fundraising, including proposals, donor communications, and databases, are the sole property of Employer.

Termination: Employer may terminate Employee for cause for material breach, willful misconduct, or violations of law or policy. Employer may also terminate without cause in accordance with the at-will provision. Upon termination, Employee shall return all Employer property and confidential materials immediately.

Indemnification, Governing Law, Miscellaneous

Indemnification: Each party agrees to indemnify and hold the other harmless from liabilities resulting from its own negligence or willful misconduct in performing obligations under this Agreement.

Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state of , without regard to conflict-of-law principles.

Entire Agreement: This Agreement, together with any attached exhibits or written policies specifically incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

Amendment: Any amendment to this Agreement must be in writing and signed by both parties.

Acknowledgements and Employee Certification

I certify that all information provided to Employer in connection with my employment is true and complete. I understand that any false statements or omissions may constitute grounds for denial of employment or discipline, including termination.

I authorize Employer to contact my references and former employers and to conduct background checks as permitted by law. I acknowledge receipt of Employer's policies regarding confidentiality, donor privacy, and expense reimbursement and agree to comply with them.

I certify that the statements made in this Agreement and accompanying application materials are true and complete to the best of my knowledge.

Notices

Notices under this Agreement shall be given in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

Employer Name:

By:

Date:

Employee Name:

By:

Date:

Enter text✕

What the Fundraiser Employment Contract Is

The Fundraiser Employment Contract is a written agreement that defines the working relationship between a nonprofit organization, political campaign, or other sponsor and an individual hired to solicit donations, manage fundraising programs, or direct donor outreach. It specifies duties, reporting lines, compensation (salary, commission, or hybrid), performance metrics, term and termination conditions, confidentiality and donor-privacy obligations, ownership of fundraising materials, and dispute-resolution procedures. The document clarifies employment status for tax and benefits purposes and supports regulatory compliance and consistent internal processes.

Why a Clear Contract Matters

A precise Fundraiser Employment Contract reduces ambiguity about compensation, duties, and donor-data handling, helps avoid misclassification and wage disputes, and documents compliance obligations including charitable solicitation rules and donor-privacy safeguards.

Why a Clear Contract Matters

Who Typically Uses This Agreement

Organizations, hiring managers, and independent agencies use the contract to set enforceable terms for paid fundraisers and solicitation activities.

  • Small nonprofits hiring part-time fundraisers paid by commission or hybrid salary-commission arrangements.
  • Political campaigns engaging temporary solicitation staff, call center fundraisers, or event canvassers across jurisdictions.
  • Professional fundraising agencies and independent consultants retained as employees or contracted fundraisers.

Legal, HR, and finance teams commonly review the finalized agreement before onboarding, payroll setup, and fundraising launch.

Who Signs and Approves the Contract

Executive Director

As the organization's chief executive, the Executive Director often has authority to execute employment contracts, approve compensation terms, and bind the nonprofit. They should confirm board approval when required and ensure the contract aligns with organizational policy and donor commitments.

HR Director

The HR Director manages onboarding, classification (employee versus contractor), payroll setup, I-9 completion, and benefits eligibility. HR should verify background checks, document retention schedules, and that payroll and tax reporting are consistent with the contract.

Essential Sections to Include

A professional Fundraiser Employment Contract covers role and duties, compensation, employment status, confidentiality and donor privacy, termination provisions, and compliance obligations tailored to fundraising operations.

Role and Duties

Describe specific fundraising activities, reporting lines, performance metrics, expected hours, travel and event duties, limits on public representation, and any required registrations or licenses.

Compensation

State salary, commission rates, payment schedule, expense reimbursement rules, commission calculations with examples, and conditions for commission eligibility and clawbacks.

Employment Status

Specify whether the worker is an employee or independent contractor, explain classification basis, indicate tax-withholding responsibilities, and note benefits eligibility where applicable.

Confidentiality & Donor Privacy

Define allowed uses of donor lists, security measures for donor data, restrictions on sharing personally identifiable information, and any HIPAA or FERPA constraints for sensitive records.

Termination & Remedies

Include notice periods, termination for cause definitions, severance terms if any, post-termination obligations like non-solicitation, and dispute-resolution procedures.

Compliance & Indemnity

Require adherence to charitable solicitation laws, state registration where necessary, and indemnification for violations of law or unauthorized activity.

Security and Compliance Essentials

In Transit Encryption: TLS 1.2/1.3 encryption in transit
At-Rest Encryption: AES-256 encryption at rest
Certifications: SOC 2 Type II, ISO 27001
HIPAA Support: HIPAA BAA available
ESIGN & UETA: Compliant with ESIGN and UETA
Audit Trail: Detailed timestamps and logs

Step-by-Step: From Draft to Execution

Follow these sequential steps to prepare, review, sign, and store the Fundraiser Employment Contract so it is enforceable and compliant.

  • 01
    Prepare Draft: Identify parties, duties, and compensation terms.
  • 02
    Review Internally: Have HR and legal review classification and terms.
  • 03
    Sign & Authenticate: Obtain signatures and required notarization or witness.
  • 04
    Distribute & Archive: Share executed copies and store per retention policy.

Configure an Online Signature Workflow

Set up the eSigning workflow to route, authenticate, and retain the executed contract automatically.

Field Configuration
Signer Order Hiring manager → Fundraiser → Executive Director
Authentication Method Email link with optional SMS code or ID check
Conditional Fields Reveal commission details only if commission chosen
Retention Settings Save signed PDF and audit trail per policy

Where the Completed Contract Goes

Typical routing for completed Fundraiser Employment Contracts includes HR, payroll, and legal copies and the generation of an immutable audit trail.

  • Upload Document: Sender uploads contract template to platform.
  • Place Fields: Add signature, date, and conditional compensation fields.
  • Send for Signature: Send email or link to signer(s).
  • Archive: Store signed PDF plus audit log in records.

Technical Requirements for eSigning

Choose a platform that supports secure authentication, audit trails, and PDF exports for personnel records.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • Document Formats: PDF, DOCX, HTML
  • Authentication Options: Email, SMS, KBA, ID verification

Key Dates and Compliance Deadlines

Timelines for onboarding, tax forms, and solicitor registration are time-critical; meet statutory deadlines to avoid penalties.

Effective Date:

Enter MM/DD/YYYY; governs start of duties and benefits.

Payroll Setup Deadline:

Complete payroll forms before the first pay period.

I-9 Completion:

Complete within three business days of hire (8 CFR §274a.2).

W-4 & Tax Forms:

Collect W-4 and state withholding forms before payroll.

Charitable Registration:

Register paid solicitors if state requires before solicitation.

Common Preparation Errors to Avoid

  • Failing to define commission calculations and payment timing causes disputes; include sample calculations and clear payment dates.
  • Misclassifying a worker as an independent contractor can trigger payroll taxes, penalties, and DOL investigations unless control and economic factors are documented.
  • Omitting donor privacy and data-handling procedures risks noncompliance with HIPAA or institutional privacy rules when sensitive information is involved.
  • Not aligning the contract with state charitable solicitation laws or missing required registrations can lead to fines and enforcement actions.

Penalties and Legal Risks

Tax Exposure: Back taxes and penalties
I-9 Penalties: 8 CFR §274a.2: $281–$2,789
Information Return Fines: IRC §6721: $60–$330 per form
Wage & Hour Claims: FLSA claims and back pay
Charitable Registration: State fines or injunctions
Data Breach Liability: HIPAA or state privacy fines

Practical Examples in Use

Examples show how clarifying terms and compliance requirements prevents disputes and operational delays when hiring fundraisers.

Small Nonprofit

A regional animal rescue hired a part-time fundraiser on a commission-salary hybrid to expand donor outreach.

  • Commission formula lacked precise examples.
  • After adding sample calculations, a payment schedule, and a dispute-resolution clause, the organization avoided litigation, reduced reporting errors, and improved fundraiser retention through clearer expectations and payroll alignment.

University Development Office

A university development office contracted a fundraising agent to solicit alumni across multiple states and needed consistent donor privacy safeguards.

  • State registration requirements caused multi-week delays.
  • The contract assigned registration responsibility, timelines for solicitor permits, and indemnity for compliance costs, enabling faster campaign launches and protecting institutional data and policies.

Common Questions About the Contract

Answers to frequent questions about classification, signatures, privacy, notarization, retention, and amendments for U.S.-based organizations.


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