Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. To satisfy legal tests, demonstrate signer intent, consent to electronic records, attribution, and the ability to retain reproductions. Certain excluded documents require paper execution.

When must I register with a state?

Many states require charities and paid professional fundraisers to register before soliciting residents. Registration offices are typically state Attorney General or designated departments. Verify requirements and filing deadlines with the applicable state regulator to avoid fines or injunctions.

Are notarization or witnesses required?

Not generally for commercial fundraising contracts. Notarization can add evidentiary weight but is not usually required. Specific documents tied to real property or probate may have separate witness or notary rules under state law.

How should donor data be protected in the agreement?

Include confidentiality, permitted uses, retention limits, encryption requirements, and breach notification procedures. If donor records include health information, include a HIPAA-compliant BAA and follow 45 CFR privacy and security requirements.

What remedies are typical for breach?

Contracts commonly provide termination rights, final accounting, indemnities, and dispute resolution procedures such as mediation or arbitration. Specify notice and cure periods to reduce litigation risk and support orderly resolution.

How can the agreement be amended or revoked?

Include clear amendment and revocation clauses requiring written consent of authorized representatives, specify effective dates for changes, and maintain signed records of all amendments to ensure enforceability and auditability.

Electronic Signature
Templates
Miscellaneous
Fundraising Services Agreement

Fundraising Services Agreement

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

FUNDRAISING SERVICES AGREEMENT

This Fundraising Services Agreement (the Agreement) is made effective as of by and between:

Parties

Client Name: Client Address: Fundraiser Name (Service Provider): Fundraiser Address:

Recitals

WHEREAS, Client is a nonprofit or charitable entity seeking to solicit contributions and/or secure sponsorships and desires to engage Fundraiser to perform professional fundraising services in accordance with the terms set forth herein; and

WHEREAS, Fundraiser represents that it possesses expertise, personnel, and capacity to carry out fundraising campaigns, donor outreach, event management, and related services as described in this Agreement; and

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows.

Scope of Work

Fundraiser shall provide the fundraising services set forth below, including but not limited to campaign strategy, donor identification and solicitation, event coordination, materials development, and reporting. Specific tasks, deliverables, and performance milestones shall be described here:

Payment Terms

Client shall pay Fundraiser the fees and reimbursements described below. All sums payable under this Agreement are exclusive of applicable taxes unless otherwise stated.

Total Compensation (USD): Deposit / Initial Retainer (if any): Payment Schedule and Milestones:

Late payments shall bear interest at the rate of % per month (or the maximum rate permitted by law), calculated from the invoice due date until paid. Client shall also reimburse Fundraiser for reasonable collection costs and attorneys' fees incurred in enforcing payment obligations.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated as provided below.

Notice Period for Termination (days):

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period specified above. Client may terminate without cause upon payment to Fundraiser of fees earned and reasonable, documented out-of-pocket expenses incurred through the effective date of termination.

Confidentiality

Each party shall maintain in confidence and shall not disclose to any third party any Confidential Information received from the other party, except as reasonably necessary to perform obligations under this Agreement or as required by law. "Confidential Information" includes donor lists, donor contact information, pricing, campaign strategies, and non-public financial information. Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years.

Fundraiser shall not use Client's donor lists for any purpose other than to perform the services herein and shall not sell, trade, or otherwise transfer such lists to any third party. Upon termination, Fundraiser shall return or destroy Confidential Information within days, except for one archival copy maintained solely for legal or compliance purposes.

Intellectual Property and Use of Materials

Unless otherwise agreed in writing, Client retains ownership of its name, logo, donor lists, and pre-existing intellectual property. Fundraiser grants Client a non-exclusive, royalty-free license to use materials produced by Fundraiser for Client's fundraising activities. Fundraiser warrants that any materials provided do not infringe third-party rights.

Indemnification and Liability

Each party shall indemnify, defend and hold harmless the other from and against any third-party claims, liabilities, losses, damages, and costs (including reasonable attorneys' fees) arising out of its gross negligence, willful misconduct, or material breach of this Agreement. Except for liability arising from willful misconduct or indemnification obligations, neither party shall be liable to the other for consequential, incidental, or punitive damages.

Compliance and Fund Accounting

Fundraiser shall comply with all applicable laws, rules, and regulations governing charitable solicitations and fundraising activities. Fundraiser shall maintain accurate records of funds raised and expenses incurred in connection with the services and shall provide Client with periodic reports and accounting statements as set forth in the Scope of Work.

Governing Law

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

Entire Agreement

This Agreement, including any attachments or exhibits executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or understandings, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Miscellaneous

The parties are independent contractors and nothing herein shall be construed to create a partnership, joint venture, employment relationship, or agency. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notices required under this Agreement shall be in writing and delivered to the addresses set forth above.

Client - Printed Name:

By:

Date:

Fundraiser - Printed Name:

By:

Date:

What a Fundraising Services Agreement Covers

A Fundraising Services Agreement defines the contractual relationship between a nonprofit or beneficiary and a fundraising professional or firm retained to solicit donations. It sets the scope of services, compensation structure, donor lists access, reporting obligations, and termination terms. The agreement allocates responsibility for registration and disclosure under state charitable solicitation laws, addresses data handling for donor information, and specifies indemnities and limitations of liability to reduce disputes during campaign execution.

Why a Clear Agreement Matters

A Fundraising Services Agreement clarifies expectations, reduces legal risk, and documents compliance with federal and state solicitation laws. It protects donor data, defines compensation and deliverables, and creates enforceable remedies if performance or reporting obligations are unmet.

Who Commonly Uses This Agreement

Nonprofits, fundraising consultants, professional solicitors, donor-advised fund administrators, and in-house advancement teams use this agreement to formalize fundraising engagements.

Small and large nonprofits hiring external fundraisers for capital campaigns and annual giving.
Professional fundraising firms and telemarketers contracted to solicit on behalf of charities.
Legal counsel or compliance officers reviewing disclosure, data handling, and registration obligations.

This agreement helps each party document duties, set measurable outcomes, and support audits or regulatory reviews.

Essential Clauses to Include

Core clauses in a Fundraising Services Agreement define the working relationship, compliance, financial terms, and remedies to resolve disputes or noncompliance.

Scope of Services

Specify fundraising activities, territories, campaign types, expected deliverables, reporting cadence, and any excluded activities to prevent scope creep by defining acceptance criteria and success metrics.

Compensation

Detail fee structure (percentage, flat fee, or hybrid), payment schedule, withheld expenses, advances, and any clawback or contingency provisions tied to receipts and reconciliation processes.

Donor Data

Require secure handling, permitted use, transfer restrictions, retention schedule, and compliance with data privacy laws and export formats for portability; specify donor list ownership.

Compliance

Allocate responsibility for charitable solicitation registration, disclosure statements, consumer opt-out requests, and adherence to state charity laws and FTC rules including campaign-specific notices and public reporting obligations.

Term & Termination

State effective date, term length, renewal conditions, termination for cause or convenience, notice periods, and consequences such as final accounting, return of materials, and post-termination obligations.

Indemnity & Limits

Define indemnification scope, insurance requirements, caps on liability, and procedures for claims handling, including notice, defense control, and allocation of costs.

Step-by-Step: Prepare and Execute the Agreement

Follow this sequence to prepare, review, and execute a Fundraising Services Agreement to ensure compliance and clear responsibilities.

01

Draft Agreement: Outline scope, compensation, and reporting obligations.
02

Review: Have counsel check registration, disclosures, and indemnities.
03

Sign: Secure signatures and dates from authorized officers.
04

Record: File registrations, store executed copies, and publish disclosures.

Configure an Online Workflow for This Agreement

Configure your online workflow to place fields, set signer order, and add authentication for secure e-signature execution.

Field	Configuration
Signature Field	Required for signer; drag to page
Authentication	Email link or SMS code; choose strength
Conditional Fields	Show fields based on answers
Notifications	Email reminders and completion receipts

Technical Requirements for eSigning and Distribution

Use e-signature software that supports detailed Audit Trails, AES-256 encryption at rest, TLS in transit, and integrates with your CRM or cloud storage.

Auth Methods: Email link, SMS code, or KBA.
File Formats: PDF, DOCX, or HTML
Integrations: CRM, cloud storage, and accounting

Where to Send and How Routing Works

Typical routing for executed agreements: sender prepares, adds signers, sends for signature, and stores completed copies with audit records.

Prepare: Upload document and place signature fields.
Authorize: Set signer roles and order.
Authenticate: Choose email, SMS, or KBA.
Execute: Signers complete signing; system captures audit trail.

Key Dates and Filing Timelines

Key dates include effective date, registration deadlines for professional fundraisers, campaign milestones, regular reporting intervals, and tax receipt issuance deadlines.

Effective Date:

Date contract begins (MM/DD/YYYY). Use MM/DD/YYYY format.

Registration Deadline:

Register with state charity office before soliciting in that state.

Campaign Milestones:

List target dates for mailings, events, and reporting.

Reporting Intervals:

Monthly or quarterly financial and activity reports as agreed.

Receipt Issuance:

Provide donation receipts timely for donor tax substantiation.

Milestone Timeline from Negotiation to Close

Milestones from negotiation through campaign completion define obligations and checkpoints for compliance and performance.

01

Negotiation

Draft terms, fees, and deliverables agreed.

02

Registration

Complete state registrations for paid solicitors where required.

03

Campaign Launch

Start solicitation activities per approved materials and schedule.

04

Close & Report

Final reconciliation, delivery of reports, and document retention steps.

eSignature Pricing Comparison for Document Execution

Compare basic eSignature pricing and core capabilities relevant to signing Fundraising Services Agreements; signNow appears first for direct 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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium+)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Security and Compliance Basics You Should Expect

Encryption in Transit: TLS 1.2 and 1.3 encryption in transit

Encryption at Rest: AES-256 encryption for stored files

Certifications: SOC 2 Type II and ISO 27001 certified

HIPAA: BAA available for protected health information

ESIGN & UETA: Compliant with ESIGN and UETA requirements

Audit Trail: Tamper-evident logs with timestamps and IP

Potential Penalties and Contract Risks

Registration Failure: Civil fines and injunctions

Misleading Disclosures: State penalties and reputational harm

Donor Receipt Errors: Loss of tax deduction for donors

Backup Withholding: 24% on certain payments

Contract Disputes: Payment recovery and arbitration costs

Data Breach: HIPAA/FTC obligations and fines

Common Preparation Mistakes to Avoid

Vague fee language that ties payment to vague terms like 'reasonable efforts' instead of clear percentages or schedules, leading to disputes over compensation and performance measurement.
Failure to specify which party owns or controls donor lists and related intellectual property, creating disagreement when campaigns end or when data portability is needed.
Not aligning contract terms with state registration requirements or disclosure language, which can trigger late registration penalties or required corrective notices.
Insufficient data handling clauses that omit encryption, retention limits, or breach notification procedures, increasing legal and compliance exposure after an incident.

Real-World Examples of Digital Agreement Use

Organizations across sectors use digital agreements to accelerate execution and preserve audit trails while maintaining compliance.

Martin Properties

Martin Properties replaced paper agreements with digital contracts to speed approvals and reduce visits to the office.

This reduced turnaround time for signature collection.
I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Fertility Centers of Illinois

A healthcare clinic used e-signed contracts to manage vendor and consent documents with improved traceability.

It simplified audits and integrations.
The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company.

Frequently Asked Questions About Fundraising Services Agreements

Answers to common questions about enforceability, signing, registration, data protection, and amendments for Fundraising Services Agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. To satisfy legal tests, demonstrate signer intent, consent to electronic records, attribution, and the ability to retain reproductions. Certain excluded documents require paper execution.
When must I register with a state?
Many states require charities and paid professional fundraisers to register before soliciting residents. Registration offices are typically state Attorney General or designated departments. Verify requirements and filing deadlines with the applicable state regulator to avoid fines or injunctions.
Are notarization or witnesses required?
Not generally for commercial fundraising contracts. Notarization can add evidentiary weight but is not usually required. Specific documents tied to real property or probate may have separate witness or notary rules under state law.
How should donor data be protected in the agreement?
Include confidentiality, permitted uses, retention limits, encryption requirements, and breach notification procedures. If donor records include health information, include a HIPAA-compliant BAA and follow 45 CFR privacy and security requirements.
What remedies are typical for breach?
Contracts commonly provide termination rights, final accounting, indemnities, and dispute resolution procedures such as mediation or arbitration. Specify notice and cure periods to reduce litigation risk and support orderly resolution.
How can the agreement be amended or revoked?
Include clear amendment and revocation clauses requiring written consent of authorized representatives, specify effective dates for changes, and maintain signed records of all amendments to ensure enforceability and auditability.

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