Can a Fundraising Agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention requirements are met.

Do I need state registration before soliciting donations?

Many states require charitable solicitation registration or notice to the attorney general prior to fundraising; requirements vary by state and campaign size, so confirm with the state regulator.

What authentication level is recommended?

Use email or SMS authentication for low-risk agreements; stronger ID verification (KBA or ID analysis) is advised for high-value campaigns or when donor identity must be proven.

Are notarization or witnesses usually required?

Most Fundraising Agreements do not require notarization or witnesses, but state-specific or institutional rules may make them advisable for property donations or estate-related gifts.

How should donor lists be handled?

Specify ownership, permitted uses, data-retention periods, and security controls in the agreement to comply with privacy expectations and state laws.

What records should be retained?

Keep executed agreements, remittance records, donor receipts, and campaign reports per tax and industry retention rules — generally at least three years, longer for HIPAA or higher-risk matters.

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Fundraising Agreement

Fundraising Agreement

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

What a Fundraising Agreement Covers

A Fundraising Agreement is a written contract that defines the relationship between an organization (typically a charity, nonprofit, or campaign) and an individual or firm engaged to solicit or manage donations. It sets out scope of services, compensation or commission, reporting and accounting obligations, campaign duration, confidentiality provisions, termination rights, and any regulatory compliance responsibilities. The document creates enforceable expectations for performance, recordkeeping, and funds handling, and it often references governing law and dispute resolution mechanisms to reduce ambiguity and protect donors and the organization.

Why a Formal Agreement Matters

A clear Fundraising Agreement reduces legal and financial risk, clarifies payment and reporting terms, and supports regulatory compliance for charitable solicitations under state law and federal requirements.

Who Typically Uses a Fundraising Agreement

Fundraising Agreements are used by charities, nonprofit boards, professional fundraisers, development consultants, and political campaigns to document duties and financial arrangements.

Nonprofit development teams and boards formalizing vendor relationships and campaign milestones.
Professional fundraisers, consultants, and agencies hired to solicit donations or manage donor outreach.
In-house staff or volunteers when duties, compensation, or donor-handling rules require formal documentation.

Core Elements to Include in a Professional Fundraising Agreement

A well-drafted Fundraising Agreement balances operational detail with legal safeguards. Include precise descriptions of services, payment terms, records and reporting, compliance representations, and termination procedures so both parties know expectations and remedies.

Scope of Services

Define solicitation methods, geographic territory, campaign materials, donor lists, and any exclusivity or sub‑contracting limits in clear, measurable terms.

Compensation

Specify fee structure (flat fee, hourly, commission percentage), payment schedule, reimbursement policy, and whether incentives are allowed.

Funds Handling

Describe how donations are collected, deposited, recorded, and remitted; include timelines for remittances and who holds fiduciary responsibility.

Reporting Requirements

Require periodic accounting, donor receipts, campaign metrics, and access to supporting documentation for audits.

Compliance & Representations

Require compliance with applicable federal and state charitable solicitation laws, truth-in-advertising rules, and data-privacy protections.

Termination & Remedies

Describe termination for cause or convenience, required notice, remediation windows, and post-termination obligations including final accounting.

Step-by-Step: How to Complete a Fundraising Agreement

Follow these steps to prepare and finalize the agreement so it is clear, enforceable, and aligned with legal and accounting requirements.

01

Draft Scope: Describe services, territories, and deliverables in precise terms to avoid scope creep.
02

Set Payment Terms: Define compensation, invoice timing, and expense reimbursement rules to prevent payment disputes.
03

Include Compliance Clauses: Add clauses for state charity registration, data privacy, and anti-fraud measures.
04

Sign and Archive: Obtain signatures from authorized officers and save an executed copy in your records with an audit trail.

Customizing and Completing the Agreement Online

Set up a repeatable digital workflow for drafting, review, signature collection, and document retention to reduce manual steps and improve traceability.

Field	Configuration
Signature Order	Sequential or parallel signer routing to match approval needs
Authentication	Email-only, SMS code, or stronger ID verification for high-risk signers
Conditional Fields	Show or hide payment and clause fields based on selection
Storage Location	Select secure cloud repository with access controls and audit logs

Where to Send or File the Signed Agreement

After signatures are collected, route final copies to accounting, legal, and the fundraising operations lead; file originals per retention policy.

Accounting: Store the executed agreement with payment schedule and remittance instructions
Legal: Retain a copy for compliance review and dispute resolution
Development Office: Share campaign calendars, donor lists, and reporting templates
State Filings: Use executed agreement to support charitable solicitation registration or renewals

Digital Signing and eSubmission: Platform Considerations

Choose a platform that provides legally admissible audit trails, secure storage, and the level of signer authentication your organization requires.

Document Formats: PDF and DOCX are widely supported and preserve layout
Integrations: Connectors for CRM and cloud storage streamline donor records
Compliance: BAA, SOC 2, and encryption are essential for healthcare or sensitive donor data

Verify platform capabilities against your regulatory needs (state solicitation rules, donor privacy) and choose authentication levels that match transaction risk.

Timelines and Key Deadlines to Track

Track internal and external deadlines from campaign start to reporting and state registration to avoid late fees or enforcement actions.

Campaign Start:

Agree an Effective Date and confirm when solicitation may begin

Reporting Cadence:

Monthly or quarterly financial reports tied to remittance schedules

State Registration:

Register before solicitation if the state requires pre-solicitation filing

Renewal Notice:

Set notice deadlines for contract renewal or termination

Final Accounting:

Submit final reconciliation and donor reports within specified days after termination

Key Processing Milestones

Sequence the agreement lifecycle into distinct milestones so stakeholders know when actions and deliverables are due.

01

Draft Approval

Legal and finance sign-off on scope and payment terms

02

Registration Filings

Complete any required state charitable solicitation registrations

03

Execution

All authorized signers execute the final agreement

04

Operational Handoff

Campaign materials, donor data, and reporting templates transferred to operations

Common Mistakes to Avoid

Leaving payment formulas vague, causing disputes over commissions or incentives.
Failing to confirm state charitable solicitation registration requirements before fundraising begins.
Not specifying who controls donor lists or how donor data may be used.
Skipping periodic reconciliations and failing to keep contemporaneous deposit records.

Penalties and Legal Risks of an Improper Agreement

Regulatory Fines: Civil penalties for soliciting without required registration

Contract Disputes: Costly litigation over unpaid commissions or scope disagreements

Reputational Harm: Donor mistrust from mishandled funds or inadequate disclosures

Tax Risks: Improper handling of restricted gifts can create tax-exempt status issues

Data Breach Liability: Exposure under state privacy laws or HIPAA if health data is involved

Termination Costs: Early termination fees or escrow obligations under poorly drafted clauses

eSignature Pricing and Feature Snapshot

Compare basic pricing and common features for eSignature platforms relevant to executing Fundraising Agreements. signNow is listed first for parity in comparison.

	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, no card required	Varies	Varies	Varies	Varies
Bulk Send	Yes (Business Premium+)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-World Examples of Digital Signing in Use

Organizations across sectors use digital signing to speed approvals and keep auditable records; these customer experiences illustrate practical benefits.

Optica Ventures LLC — COO

Optica's team emphasized ease of use for internal and external stakeholders.

The interface simplified customer interactions.
The simplicity reduced turnaround time on executed agreements and improved customer experience while maintaining necessary compliance controls.

Martin Properties — Founder

Martin Properties replaced paper processes with online execution to maintain compliance.

Mobile and offline signing supported field operations.
They reported consistent, compliant returns of signed documents from on-site agents, improving closing timelines and recordkeeping.

Frequently Asked Questions About Fundraising Agreements

Answers to common questions about enforceability, e-signatures, registration, and recordkeeping for Fundraising Agreements.

Need help? Contact support

Can a Fundraising Agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention requirements are met.
Do I need state registration before soliciting donations?
Many states require charitable solicitation registration or notice to the attorney general prior to fundraising; requirements vary by state and campaign size, so confirm with the state regulator.
What authentication level is recommended?
Use email or SMS authentication for low-risk agreements; stronger ID verification (KBA or ID analysis) is advised for high-value campaigns or when donor identity must be proven.
Are notarization or witnesses usually required?
Most Fundraising Agreements do not require notarization or witnesses, but state-specific or institutional rules may make them advisable for property donations or estate-related gifts.
How should donor lists be handled?
Specify ownership, permitted uses, data-retention periods, and security controls in the agreement to comply with privacy expectations and state laws.
What records should be retained?
Keep executed agreements, remittance records, donor receipts, and campaign reports per tax and industry retention rules — generally at least three years, longer for HIPAA or higher-risk matters.

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