Can this agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention are documented. Certain limited exceptions (e.g., wills) may still require wet signatures in some jurisdictions.

Do I need a notary or witnesses?

Most giving agreements do not require notarization; however, state law or the agreement itself may require a notary for certain transfer documents or deeds. If notarization is required, consider Remote Online Notarization where permitted by state law.

How do I revoke or amend a donor instruction?

Include a revocation clause specifying notice method and effective date. For donations already collected and disbursed, state the conditions for retraction or repayment. Maintain clear records of revocation requests and confirmations.

What happens if the donor’s TIN is incorrect?

An incorrect TIN can trigger backup withholding and IRS penalties for incorrect information returns. Verify the TIN before issuing tax acknowledgment letters and correct prior returns if necessary.

How should I store signed agreements securely?

Store executed agreements in a secure DMS with encryption in transit (TLS 1.2/1.3) and at rest (AES-256), role-based access, and immutable audit trails to demonstrate integrity and provenance.

When is HIPAA relevant to this agreement?

HIPAA applies when the agreement requires handling of protected health information by a covered entity or business associate. Include a Business Associate Agreement and retention obligations (45 CFR §164.530(j)) when PHI is involved.

Electronic Signature
Templates
Miscellaneous
Giving Services Agreement

Giving Services Agreement

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

GIVING SERVICES AGREEMENT

Parties

Service Provider Name: Service Provider Address: Recipient Name: Recipient Address:

Recitals

WHEREAS, Service Provider desires to provide charitable giving-related services, including facilitation of donations, coordination with charitable entities, and related advisory services as described in this Agreement; and

WHEREAS, Recipient seeks to receive those services and desires the Service Provider to act on Recipient's behalf under the terms set forth herein; and

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

Scope of Work

Service Provider shall perform the giving services described below. Services shall be performed with reasonable care, in a professional manner, and in accordance with applicable law.

Describe Scope of Work:

Payment Terms

In consideration for the services described above, Recipient shall pay Service Provider as set forth below. All amounts payable under this Agreement are exclusive of taxes unless otherwise stated.

Total Amount Payable (USD): Payment Schedule / Milestones: Late Payment Fee:

If any payment due under this Agreement remains unpaid for more than days after its due date, Recipient shall pay the Late Payment Fee specified above and interest at the maximum lawful rate thereafter until paid.

Term and Termination

This Agreement shall commence on and shall continue in effect until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for cause if the other party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

Upon termination or expiration, Service Provider shall deliver all completed work products and any funds held in trust for distribution, and Recipient shall pay for services performed through the date of termination in accordance with the Payment Terms.

Confidentiality

Each party (the "Receiving Party") acknowledges that during the term of this Agreement it will receive confidential, proprietary or non-public information of the other party (the "Disclosing Party"). The Receiving Party shall: (a) hold such Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except as permitted by this Agreement; and (c) use Confidential Information solely to perform obligations under this Agreement. Confidential Information does not include information that is or becomes publicly available through no fault of the Receiving Party, is received from a third party free of obligations of confidentiality, or is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

The obligations under this Section shall survive termination for a period of years from the date of termination, except with respect to trade secrets which shall remain protected for so long as they qualify as trade secrets under applicable law.

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 and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's gross negligence, willful misconduct or material breach of this Agreement.

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. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located within that State for any disputes arising out of this Agreement.

Entire Agreement; Amendments

This Agreement, together with any schedules or exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Miscellaneous

Relationship of the Parties: Service Provider is an independent contractor and nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties. Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Service Provider may assign to an affiliate or successor in interest. Severability: If any provision is determined invalid, the remaining provisions shall remain in full force and effect.

Acknowledgement

The undersigned parties represent and warrant that they are duly authorized to execute this Agreement on behalf of the respective parties and that this Agreement constitutes a valid and binding obligation enforceable against such party in accordance with its terms.

Service Provider — Print Name:

By:

Date:

Recipient — Print Name:

By:

Date:

What the Giving Services Agreement Is and When It Applies

A Giving Services Agreement is a legally binding contract between a donor, a giving-services provider (such as a donor-advised fund administrator, nonprofit intermediary, or payroll-giving facilitator), and sometimes a beneficiary. It sets out the scope of services the provider will perform (fund collection, donor onboarding, disbursement, reporting), payment or fee terms, data handling, confidentiality, and the effective date and term. The agreement clarifies responsibilities, conditions for accepting or returning donations, and the mechanisms for donor instructions and reporting.

Why a Clear Giving Services Agreement Matters

A written agreement reduces ambiguity about fees, timing, tax documentation, and donor instructions; it supports regulatory compliance and creates an auditable record for donor protection and internal controls.

Common Parties Who Use or Complete a Giving Services Agreement

Identifying the correct party to sign ensures the agreement assigns authority, tax reporting responsibility, and operational duties to the proper entity.

Nonprofit intermediaries and donor-advised fund administrators who manage pooled donations and grant disbursements.
Employers or payroll providers offering workplace giving programs and requiring donor authorization.
High-net-worth donors or family offices using giving-service providers to administer recurring or complex donations.

Core Components to Include in a Professional Giving Services Agreement

A thorough agreement balances operational detail with clear legal terms. Include sections that define parties, describe services, set fees, explain tax and reporting handling, and establish dispute resolution and governing law.

Parties

Full legal names and entity types for donor, service provider, and beneficiary, plus primary contact information and authorized signatory.

Scope of Services

Clear description of activities (collection methods, fund custodianship, donor instruction processing, disbursement timing, and reporting cadence).

Fees and Payment

Fee schedule, invoicing frequency, permitted deductions from donations, and responsibility for payment processing costs.

Tax Treatment

Allocation of tax receipts, donor substantiation language, and who issues Form 1099/other tax documentation where applicable.

Data Protection

Privacy commitments, applicable law (HIPAA where clinical data involved), data retention, and breach notification procedures.

Termination & Liability

Termination triggers, refund or return procedures, limitation of liability, indemnities, and dispute resolution (arbitration or courts).

Essential Fields to Capture in the Agreement

Donor Legal Name: Full name as on ID

Organization Name: Legal entity for tax purposes

Tax ID / TIN: EIN or SSN for reporting

Donation Amount: Amount or formula for recurring gifts

Service Fees: Flat or percentage fee

Effective Date: MM/DD/YYYY format

Step-by-Step: Completing a Giving Services Agreement

Follow these steps in order to prepare, execute, and record the agreement accurately.

01

Draft: Assemble parties, scope, fees, tax language, and data handling terms.
02

Review: Have legal or compliance review for tax and privacy implications.
03

Sign: Collect authorized signatures and dates from each party.
04

Store: Retain executed copies in secure records with access controls.

Customizing the Agreement for Online Completion

Configure online fields, conditional logic, and signer routing so the form collects required inputs and enforces business rules during e-completion.

Field	Configuration
Donor Name Field	Required; auto-validate via ID match or prompt for TIN
Donation Schedule	Conditional fields for one-time vs recurring donations
Fee Acceptance	Checkbox required with audit-trail timestamp
Signer Order	Sequential routing: donor → provider → beneficiary (if required)

Where to Send or File an Executed Agreement

After signing, route copies to all parties and retain an executed record in the organization’s document management system.

Provider Records: Primary executed copy kept by service provider for operational and audit purposes.
Donor Copy: Deliver a signed copy to the donor for tax substantiation and records.
Beneficiary Copy: Send to beneficiary when agreement affects disbursements or reporting.
Accounting Archive: Store a copy with finance for tax reporting and reconciliations.

Distribution and Digital Signing Options

Ensure the chosen method documents intent, attribution, and retention to satisfy ESIGN (15 U.S.C. ch. 96) and applicable state law.

Email Signing: Standard email link with audit trail and timestamp
In-Person / Kiosk: On-device signing for events or donor centers
Remote Online Notarization: Use RON where notarization is required and state law permits

Timelines, Deadlines, and Processing Expectations

Key timeframes cover donor acknowledgement, tax receipts, processing windows, and statutory deadlines for returns and reporting.

Acknowledgment Timing:

Issue donor receipt within 14 days for in-kind or conditional contributions

Tax Filing:

Retain records to meet IRS timelines for charitable contribution substantiation

Recurring Donation Changes:

Implement donor instruction changes within one billing cycle where feasible

Disbursement Schedule:

Specify payment days or triggers (e.g., month-end, milestone)

RON / Notary Sessions:

Schedule per notary availability and state recording requirements

Common Mistakes to Avoid When Preparing the Agreement

Using vague donation descriptions that leave purpose or restrictions unclear.
Failing to confirm the donor’s TIN, causing backup withholding or rejected returns.
Omitting data protection clauses when handling personal or health-related donor information.
Not specifying fee deductions or disbursement timing, leading to reconciliation disputes.

Penalties and Risks from Errors or Omissions

Tax Penalties: Incorrect reporting can trigger penalties under IRC §6721 for information return failures

Backup Withholding: Missing/incorrect TIN may cause 24% backup withholding

Privacy Violations: Handling protected health data without BAA risks HIPAA penalties

Contract Liability: Ambiguous scope can lead to breach claims or indemnity exposure

Notarization Defects: Invalid notarization may render execution ineffective for certain state requirements

Operational Delays: Incomplete fields or missing signatures delay disbursements and donor acknowledgement

Who Can Sign and Bind the Parties

Authorized Officer

A corporate officer or authorized signatory with delegated authority should sign on behalf of an organization. Confirm authorization via board resolution or delegation if needed, and record title and date on the signature block.

Individual Donor

Individual donors must sign personally. For donations via agents or power of attorney, include proof of authority; for entities, require an authorized officer or registered agent to sign.

How to Download, Save, and Share the Executed Agreement

Store signed agreements in multiple formats as needed for compliance and portability; ensure copies are tamper-evident and that audit records are retained.

PDF/A Export

Save a PDF/A copy to preserve appearance and embedded audit metadata for long-term archival use.

Word DOCX

Keep an editable DOCX master for future amendments, but store executed PDF versions for official records.

Signed Certificate

Retain the signature certificate or audit trail (timestamps, IP, signer email) to demonstrate attribution and intent.

Cloud Archive

Store executed documents in a secure DMS with role-based access and versioning to support audits.

Comparison: eSignature Vendors for Executing Giving Services Agreements

Select a vendor that meets your security, HIPAA, and volume needs. The table compares starting price, trial availability, bulk-send support, audit trails, HIPAA compliance, and envelope caps; signNow is listed first per vendor ordering rules.

	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	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Answers to Common Questions About Giving Services Agreements

Practical answers for frequent issues when preparing, signing, or storing a Giving Services Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention are documented. Certain limited exceptions (e.g., wills) may still require wet signatures in some jurisdictions.
Do I need a notary or witnesses?
Most giving agreements do not require notarization; however, state law or the agreement itself may require a notary for certain transfer documents or deeds. If notarization is required, consider Remote Online Notarization where permitted by state law.
How do I revoke or amend a donor instruction?
Include a revocation clause specifying notice method and effective date. For donations already collected and disbursed, state the conditions for retraction or repayment. Maintain clear records of revocation requests and confirmations.
What happens if the donor’s TIN is incorrect?
An incorrect TIN can trigger backup withholding and IRS penalties for incorrect information returns. Verify the TIN before issuing tax acknowledgment letters and correct prior returns if necessary.
How should I store signed agreements securely?
Store executed agreements in a secure DMS with encryption in transit (TLS 1.2/1.3) and at rest (AES-256), role-based access, and immutable audit trails to demonstrate integrity and provenance.
When is HIPAA relevant to this agreement?
HIPAA applies when the agreement requires handling of protected health information by a covered entity or business associate. Include a Business Associate Agreement and retention obligations (45 CFR §164.530(j)) when PHI is involved.

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