Establishing secure connection…Loading editor…Preparing document…

Fundraising Contract Agreement

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

FUNDRAISING CONTRACT AGREEMENT

This Fundraising Contract Agreement (the "Agreement") is entered into as of Effective Date: by and between Client Name: , an entity of type , with principal address (hereinafter "Client"), and Fundraiser Name: , an entity of type , with principal address (hereinafter "Fundraiser"). Client and Fundraiser are referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Client is engaged in activities to advance its charitable, educational, or public-benefit purposes and requires professional services to procure monetary and/or in-kind contributions; and

WHEREAS, Fundraiser possesses fundraising expertise, donor development capabilities, and professional networks reasonably necessary to solicit contributions on behalf of Client; and

WHEREAS, the Parties desire to set forth the terms under which Fundraiser will perform fundraising services for Client.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Contribution" means any monetary donation, pledge, gift, sponsorship, grant, or in-kind item solicited or received by Fundraiser on behalf of Client pursuant to this Agreement.

1.2 "Net Proceeds" means total Contributions actually received by Client (excluding returned or revoked payments) less direct, documented fundraising expenses approved under Section 4.3.

2. ENGAGEMENT; SCOPE OF SERVICES

2.1 Engagement. Client hereby engages Fundraiser, and Fundraiser accepts such engagement, to perform fundraising services (the "Services") described in this Agreement and in the Scope of Services attached or set forth below.

2.2 Performance Standard. Fundraiser shall perform the Services with reasonable care, skill and in compliance with applicable professional standards and in accordance with all applicable laws and charitable solicitation requirements.

3. TERM

This Agreement shall commence on the Effective Date and shall continue for Term: , unless earlier terminated in accordance with Section 8.

4. COMPENSATION; EXPENSES

4.1 Compensation. As full compensation for Services, Client shall pay Fundraiser as follows (select applicable method and complete corresponding fields):

Flat fee:

Commission/Percentage of Net Proceeds:

4.2 Payment Terms. Compensation shall be payable within Payment Period: following Client's receipt of funds. All payments shall be made in U.S. dollars to the account specified by Fundraiser in writing.

4.3 Expenses. Client shall reimburse Fundraiser for pre-approved, reasonable, and documented out-of-pocket expenses incurred in connection with performance of the Services, subject to Client's prior written approval for expenses exceeding Amount: . Fundraiser shall provide receipts and documentation for reimbursement.

5. REPORTING AND RECORDS

5.1 Fundraiser shall maintain complete and accurate books and records relating to all solicitations and Contributions and shall provide Client with written reports detailing donors, amounts, dates received, expenses deducted and Net Proceeds on a Reporting Schedule: .

5.2 Client or its authorized representative shall have the right, upon reasonable notice and during normal business hours, to audit Fundraiser's records relating to this Agreement. Any such audit shall be conducted at Client's expense unless it reveals material discrepancies, in which case Fundraiser shall reimburse Client's reasonable audit costs.

6. COMPLIANCE; PERMITS; REGISTRATIONS

6.1 Fundraiser shall comply with all applicable federal, state and local laws governing charitable solicitations, data privacy and donor communications. Fundraiser shall obtain and maintain any required licenses or registrations necessary to lawfully solicit Contributions on behalf of Client.

6.2 If any registration, bond or permit is required as a result of Fundraiser's activities, the Party responsible for securing such registration shall be: .

7. CONFIDENTIALITY

Each Party shall maintain as confidential all non-public information disclosed by the other Party in connection with this Agreement, including donor lists and contact information (collectively, "Confidential Information"), and shall not use or disclose such Confidential Information except as required to perform the Services or as required by law. Confidential Information shall not include information that is or becomes publicly available through no breach of this Agreement.

8. TERMINATION

8.1 Either Party may terminate this Agreement for convenience upon Termination Notice Period: prior written notice to the other Party.

8.2 Either Party may terminate immediately for cause if the other Party materially breaches this Agreement and fails to cure such breach within Cure Period: after receipt of written notice specifying the breach.

8.3 Effect of Termination. Upon termination, Fundraiser shall cease solicitation activities and shall, within Payment Period: , deliver to Client all Contributions received and accounting as required under Section 5, and Client shall pay any compensation and reimbursable expenses accrued through the effective date of termination.

9. INDEMNIFICATION; LIMITATION OF LIABILITY

9.1 Indemnification by Fundraiser. Fundraiser shall indemnify, defend and hold harmless Client and its officers, directors and employees from and against any and all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Fundraiser's acts or omissions, negligence, or willful misconduct in performing the Services.

9.2 Indemnification by Client. Client shall indemnify, defend and hold harmless Fundraiser from claims arising from Client's business activities, solicitation materials provided by Client, or Client's breach of warranties in this Agreement.

9.3 Limitation of Liability. Except for liability resulting from gross negligence, willful misconduct or indemnification obligations under this Section 9, neither Party shall be liable to the other for consequential, incidental, punitive or special damages.

10. INSURANCE

Fundraiser shall maintain at its own expense general liability insurance and professional liability insurance in commercially reasonable amounts and provide certificates of insurance to Client upon request.

11. NOTICES

All notices, requests, consents and other communications hereunder shall be in writing and delivered to the addresses below by hand, nationally recognized overnight courier, or certified mail, return receipt requested, and shall be deemed effective upon receipt.

12. WARRANTY; RELATIONSHIP OF PARTIES

Each Party represents and warrants that it has the authority to enter into this Agreement and that its performance of this Agreement will not violate any applicable law or third-party agreement. Fundraiser acts as an independent contractor and not as an employee, agent, or partner of Client. Nothing in this Agreement shall be construed to create a fiduciary relationship unless otherwise expressly agreed in writing.

13. MISCELLANEOUS

13.1 Amendments. This Agreement may be amended only by a written instrument executed by both Parties.

13.2 Waiver. No waiver of any breach shall be effective unless in writing and signed by the waiving Party. The waiver of any default shall not constitute a waiver of any subsequent default.

13.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of State: , without regard to conflict of laws principles.

13.4 Entire Agreement. This Agreement, together with any exhibits or attachments, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral.

13.5 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and shall be interpreted so as to give effect to the original intent as closely as possible.

13.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed original signatures.

Client Name:

By:

Date:

Fundraiser Name:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Fundraising Contract Agreement Is and When It Applies

A Fundraising Contract Agreement is a written contract that documents the terms between an organization (charity, campaign, or fundraiser) and a third party (fundraiser, event organizer, sponsor, or vendor) engaged to solicit or manage donations. It defines services, compensation or fees, reporting obligations, confidentiality, intellectual property, indemnities, and timelines. The agreement clarifies whether funds are held in escrow, how donor information is handled, and who is responsible for tax reporting or acknowledgement letters. Use this agreement to reduce disputes and create a clear audit trail for donors and regulators.

Why a Clear Fundraising Contract Matters

A well-drafted agreement sets expectations for performance, payment, and compliance, reduces donor and regulatory risk, and documents data-handling responsibilities under laws like HIPAA or state privacy rules. It also preserves evidence for audits and tax reporting.

Why a Clear Fundraising Contract Matters

Who Typically Prepares and Signs These Agreements

Organizations, outside fundraisers, event promoters, and sponsors commonly use fundraising contracts to allocate duties and record payment terms.

  • Nonprofit leadership and development directors who manage fundraising relationships and donor stewardship.
  • Independent fundraisers and third-party event promoters contracted to solicit donations or sell donor tickets.
  • Legal counsel and compliance officers reviewing indemnities, data handling, and tax-reporting obligations.

Parties should ensure signatory authority is documented and that the organization’s board or authorized officer approves material terms before execution.

Core Sections to Include in a Professional Fundraising Contract Agreement

Cover the essential legal and operational elements so both parties understand obligations, compensation, and compliance requirements.

Parties

Identify legal names, business structure, and contact information for each contracting party to ensure enforceability and correct tax reporting.

Scope of Services

Describe fundraising activities, solicitation channels, territories, required approvals, and any exclusivity or noncompete obligations in measurable terms.

Payment and Fees

Specify fee structure (flat fee, commission, reimbursement), payment schedule, expense caps, and whether funds are gross or net of processing fees.

Donor Data & Privacy

State how donor personal data will be collected, stored, used, and shared; include HIPAA, FERPA, or state privacy provisions when applicable.

Reporting & Records

Require periodic accounting, receipts for donors, access to records for audits, and a retention schedule for financial and donor files.

Termination & Indemnity

Define termination rights, cure periods, liability limits, indemnities for misrepresentations, and how remaining funds will be handled on termination.

Step-by-Step: How to Complete the Agreement

Follow this sequence to prepare a complete and enforceable fundraising contract.

  • 01
    Draft terms: Collect party details and scope before drafting.
  • 02
    Review compliance: Confirm privacy, tax, and fundraising registration requirements.
  • 03
    Obtain approvals: Get board or authorized officer sign-off as needed.
  • 04
    Execute signature: Sign electronically or in-person with proper authentication.

How to Configure an Online Signing Workflow

Set up roles, authentication, and routing to ensure signed copies and audit trails are captured automatically.

Field Configuration
Signer Roles Define signers and sequence (e.g., Organization Rep | Fundraiser).
Authentication Method Select email link or SMS code; use higher assurance for sensitive donor data.
Required Fields Mark signature, date, printed name, and compensation fields as mandatory.
Routing Rules Auto-send completed copies to finance, compliance, and designated folder.

Where to Send and How eSubmission Typically Works

Understand common distribution and filing destinations to meet organizational and regulatory needs.

  • Internal Records: Store signed agreements in a secure records repository for audit.
  • Donor Acknowledgement: Send receipts to donors per IRS substantiation rules.
  • Accounting: Provide copies to accounts payable or receivable teams.
  • Regulatory Filing: File registration or finance reports where required by state charity regulators.

Technical Considerations for Digital Signing and eSubmission

Choose a platform that supports secure authentication, an audit trail, and exportable signed files.

  • File Formats: PDF, DOCX supported
  • Integrations: CRM and storage connectors
  • Authentication: Email, SMS, or KBA

Ensure the platform can produce a tamper-evident signed PDF with an audit trail, supports HIPAA or BAA when needed, and integrates with your document management system for retention and searchability.

Key Dates and Filing Deadlines to Track

Record these common timing requirements in the agreement and in internal calendars to avoid compliance gaps.

Execution Date:

Date when rights and obligations begin; use MM/DD/YYYY format.

Payment Schedule:

Specify exact due dates or triggers (e.g., 'within 30 days of event').

Donor Acknowledgement:

Provide written substantiation for donations over IRS thresholds promptly to donors.

1099 Reporting:

Report contractor payments by Jan 31 (Form 1099-NEC) when applicable.

Record Retention Start:

Begin retention period on the execution date or last effective date.

Typical Contract Lifecycle Milestones

Track milestone stages from negotiation through closeout to ensure obligations and refunds are handled appropriately.

01

Negotiation

Drafting and internal approvals occur before execution.

02

Execution

Signatures are collected and the effective date is recorded.

03

Performance

Fundraising activities and reporting obligations are performed.

04

Closeout

Final accounting, donor receipts, and records retention are confirmed.

Common Mistakes to Avoid When Preparing This Agreement

  • Leaving compensation vague or using undefined terms like 'reasonable efforts' that invite disputes and interpretation.
  • Failing to allocate responsibility for donor data security or omitting required HIPAA/Breach-notification provisions for health-related fundraising.
  • Mixing personal and organizational accounts for collected funds, which complicates audits and could trigger tax or fiduciary concerns.
  • Overlooking state charity registration or solicitation registration requirements before fundraising starts.

Penalties and Risks Associated with Errors or Omissions

1099 Penalties: $60–$330+ per form
I-9 Paperwork: $281–$2,789 per violation
Privacy Breach: HIPAA fines and reputational harm
State Fines: Charity regulator sanctions
Contract Disputes: Damages and legal fees
Intentional Misreporting: $660+ per form

Security and Compliance Considerations for Signed Agreements

Encryption: TLS 1.2/1.3 and AES-256 at rest
Certifications: SOC 2 Type II and ISO 27001
HIPAA Support: BAA required for PHI handling
ESIGN/UETA: Legal framework for e-signatures
21 CFR Part 11: Available for regulated records
Accessibility: WCAG 2.0 Level AA support

eSignature Vendor Comparison for Executing Fundraising Contracts

Compare basic price and feature availability when choosing an eSignature provider to execute and store signed fundraising agreements; signNow appears first for parity with other vendors.

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 trial Varies Varies Varies Varies
Bulk Send Yes (plan-dependent) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-World Examples of Fundraising Agreement Use

Two brief examples show how organizations structure agreements and use electronic signing in practice.

Optica Ventures

Optica retained a third-party fundraiser to solicit high-dollar donors with defined deliverables and reporting cadence.

  • The contract tied payments to fundraising milestones.
  • The organization recorded donor acknowledgements automatically and retained signed PDFs for audits and grant reporting, reducing reconciliation time and clarifying deliverable-based payments.

Martin Properties

A property developer sponsored a charity event and signed a sponsorship agreement online.

  • The agreement required proof of insurance and sponsor logos.
  • Using electronic signatures and templated exhibits, the charity accelerated approval, tracked sponsor deliverables, and ensured the signed agreement was stored with financial records for donor substantiation.

Frequently Asked Questions About Fundraising Contract Agreements

Answers to common legal, technical, and process questions encountered when preparing and executing fundraising agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.