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Fundraising Campaign Agreement

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FUNDRAISING CAMPAIGN AGREEMENT

Effective Date:

RECITALS

WHEREAS, Organizer Name: , located at , intends to conduct a fundraising campaign to raise funds for the purposes described in this Agreement; and

WHEREAS, Fundraiser Name: , located at , has the experience, personnel, and resources to perform fundraising solicitation, donor outreach, and campaign administration on behalf of Organizer.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows:

SCOPE OF WORK

PAYMENT TERMS

Total Campaign Fee: $ payable as follows.

Remittance of net donations to Organizer shall occur in accordance with the distribution schedule above, together with a written accounting of funds received and expenses deducted.

Any overdue amount shall accrue interest at from the due date until paid, in addition to any collection costs and reasonable legal fees.

TERM AND TERMINATION

Campaign Start Date: . Campaign End Date: .

This Agreement shall commence on the Effective Date and shall continue until completion of the services described herein or until earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the intended termination date. Upon termination, Organizer shall pay Fundraiser for all services performed and unreimbursed expenses incurred through the effective termination date.

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

CONFIDENTIALITY

The parties agree that Confidential Information disclosed in connection with this Agreement, including donor lists, donor contact information, donor giving histories, financial reports, campaign strategies, and trade secrets, shall be held in strict confidence and used only for the performance of this Agreement. Confidential Information shall not include information that is (a) publicly available through no fault of the receiving party, (b) rightfully received from a third party without restriction, or (c) independently developed without use of the disclosing party's Confidential Information.

Mutual Confidentiality: Both parties shall be bound by the confidentiality obligations above.

INDEMNIFICATION

Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents from and against any third-party claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from the indemnifying party's gross negligence, willful misconduct, or material breach of this Agreement.

INSURANCE

Fundraiser shall maintain at its expense commercial general liability insurance and any other insurance reasonably necessary to perform the services, and shall provide certificates of insurance to Organizer upon request.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including all schedules and attachments hereto that are signed by the parties, 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. Any amendment or modification of this Agreement must be in writing and signed by both parties.

NOTICES

MISCELLANEOUS

Independent Contractor: Fundraiser is an independent contractor and nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between the parties.

Severability: If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.

Organizer (Printed Name):

By:

Date:

Fundraiser (Printed Name):

By:

Date:

Enter text✕

What a Fundraising Campaign Agreement Covers

A Fundraising Campaign Agreement is a written contract that records the relationship, responsibilities, and financial terms between an organization and a party that conducts or supports a specific fundraising campaign. It typically defines campaign purpose, fundraising targets, use of proceeds, payment or commission structures, reporting requirements, and termination rights. The agreement clarifies who controls donor notices, recordkeeping duties, compliance obligations, and any third-party fundraising intermediaries. Well-drafted agreements reduce disputes, support regulatory filings, and provide an audit trail for donors, boards, and state charity regulators.

Why a Formal Agreement Matters

A written agreement documents expectations, allocates risk, and helps meet state charity registration and reporting obligations; it supports enforceability under ESIGN and UETA when signed electronically.

Why a Formal Agreement Matters

Who Commonly Uses This Agreement

Each signer should confirm authority to bind their organization and understand required registrations or disclosures before soliciting donations.

  • Nonprofit development staff responsible for campaign oversight and donor stewardship.
  • Third-party fundraisers, telemarketers, or crowdfunding platforms working on behalf of an organization.
  • Volunteer committees, political fundraising committees, or fiscal sponsors handling restricted contributions.

Core Sections of a Professional Agreement

A concise agreement organizes rights and duties so stakeholders can follow campaign flow, money handling, reporting, and dispute resolution.

Parties

Full legal names and entity types for all parties, including mailing and billing addresses, and a designated primary contact for campaign communications.

Campaign Purpose

Clear statement of the campaign objective, target amount, permitted uses of donations, and whether funds are restricted or unrestricted.

Compensation

Fee or commission structure with formulas, timing of payments, and whether costs are deducted from gross receipts or paid net of expenses.

Accounting

Reporting cadence, required transaction-level records, audit rights, and obligations to provide donor acknowledgments and receipts.

Compliance

Obligations to comply with federal and state charitable solicitation laws, data privacy, and any industry-specific rules such as HIPAA for health-related campaigns.

Amendments

Procedure for modifying the agreement, notice requirements, termination rights, and post-termination handling of remaining funds.

Step-by-Step: Complete and Execute the Agreement

Follow these sequential steps to prepare, review, sign, and retain the agreement correctly.

  • 01
    Prepare Draft: Populate all fields and attach campaign budget.
  • 02
    Internal Review: Have legal and finance review terms and compliance items.
  • 03
    Signatures: Collect authorized signatures from all parties.
  • 04
    Recordkeeping: Store executed copy and supporting receipts for audits.

Digital Workflow Settings for eExecution

Configure your digital signing workflow to capture consent, authentication, and record retention for legal enforceability.

Field Configuration
Signature Type Electronic signature | Email/SMS authenticated
Authentication Email link | SMS code | ID verification
Template Save as reusable template with conditional fields
Storage Export PDF/A | Encrypted cloud storage

Typical Process from Draft to Signed Record

A standard eSignature workflow moves the document securely between parties and preserves an audit trail for compliance.

  • Upload Document: Send final draft into the platform.
  • Place Fields: Add signature, date, and data fields.
  • Send to Signers: Distribute via email link or embedded portal.
  • Capture Audit: Store timestamps, IP, and authentication logs.

Technical Considerations for Electronic Execution

Confirm the platform meets ESIGN/UETA requirements and can retain a tamper-evident record for audit and donor inquiries.

  • File Formats: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: TLS and AES encryption

Typical Timing and Reporting Deadlines

Track campaign milestones and regulatory reporting deadlines to avoid penalties and preserve donor trust.

Campaign Launch Date:

Date when solicitation begins and public materials go live.

License or Registration:

Complete any required state charity registration before soliciting.

Donor Acknowledgments:

Send timely receipts for deductible gifts, usually within 30 days.

Periodic Reporting:

Deliver agreed accounting reports per contract cadence.

Closeout Reporting:

Provide final financial reconciliation at campaign end.

Key Milestones in a Fundraising Campaign

Sequence the campaign into clear stages so responsibilities and deliverables align with payments and reporting.

01

Planning and Budget

Define goals, channels, costs, and approval milestones.

02

Registration and Compliance

Complete required charity registrations and disclosures.

03

Active Solicitation

Conduct outreach, track receipts, and process gifts.

04

Reconciliation and Closeout

Finalize accounts and deliver the final report.

Penalties and Key Risks

Regulatory Fines: State penalties for unregistered solicitation
Tax Consequences: Incorrect receipts risk IRS adjustments
Contract Disputes: Ambiguous terms may lead to litigation
Donor Refunds: Refunds or chargebacks reduce net proceeds
Reputational Harm: Misuse allegations damage donor confidence
Recordkeeping Failures: Loss of audit trail undermines defenses

Common Mistakes to Avoid

  • Failing to define restricted versus unrestricted gifts causes downstream accounting disputes and donor confusion.
  • Leaving payment terms vague—such as how commissions are calculated—creates incentives for dispute and audit risk.
  • Neglecting state charity registration before solicitation can trigger fines and forced cessation of fundraising activity.
  • Treating digital signatures informally without authentication or audit trail risks enforceability challenges in disputes.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamped logs and signer metadata
Access Controls: Role-based permissions and SSO
HIPAA Handling: BAA required for health data
ESIGN / UETA: Electronic signatures legally supported
Certifications: SOC 2 Type II and ISO 27001

eSignature Pricing Comparison for Agreement Execution

Vendor pricing and features influence total cost and compliance capabilities; signNow is listed first for direct comparison without implying endorsement.

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 credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Available on some plans Available on some plans Available Limited availability
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Practical Examples of Use

Real-world scenarios show how agreements streamline campaign operations across organizations.

Optica Ventures Example

A small foundation needed consistent donor receipts and audit trails to comply with funder rules.

  • They used a single agreement template for event and recurring campaigns.
  • The standardized contract reduced reviewer turnaround, ensured consistent donor acknowledgments, and simplified year-end reconciliation for the finance team.

Fertility Centers Example

A healthcare fundraising drive required patient-data safeguards and donor restrictions.

  • The agreement specified HIPAA obligations and restricted use language.
  • Clear terms and a signed BAA preserved donor intent, allowed secure handling of sensitive data, and facilitated transparent reporting to the board.

Who Signs and Why

Campaign Director

The Campaign Director typically signs to confirm operational control and budget authority. Their signing confirms campaign plans, vendor selection, and acceptance of reporting obligations, ensuring a single point of accountability for execution and compliance.

Treasurer / CFO

The Treasurer or CFO signs to confirm financial terms and internal accounting treatment. This signer accepts responsibility for fund receipt, disbursement controls, audit readiness, and alignment with the organization’s fiscal policies.

Practical Tips for Clear, Enforceable Agreements

Adopt consistent drafting and execution habits to reduce risk and speed campaign activation.

Be Specific About Funds
Define permitted uses, restrictions, and refund handling clearly. Vague language on fund use leads to donor disputes and audit queries.
Document Donor Communications
Keep templates of solicitation language, disclosures, and acknowledgments as contract exhibits to show consistent donor-facing messaging.
Align Payment Terms
Match fee timing to reporting cadence and explicitly state handling of refunds, chargebacks, or failed transactions.
Preserve the Audit Trail
Retain signed PDFs and metadata with timestamps and authentication evidence to support compliance and dispute defense.

Frequently Asked Questions

Answers to common questions about execution, enforceability, and post-signature obligations for Fundraising Campaign Agreements.


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