Fundraising Counsel Agreement
DATE
PARTY_1_NAME
PARTY_1_ADDRESS_MULTI_LINE
This is a Commercial Fundraiser Agreement ("Agreement"), dated as of DATE, between PARTY_1_NAME, a nonprofit corporation of JURISDICTION_STATE ("Client") and PARTY_2_NAME ("Counsel").
Whereas
A. Client is a tax-exempt charitable organization under the applicable law of JURISDICTION_STATE. Its mission is MISSION.
B. Counsel is an independent entity engaged in the business of counseling nonprofits on fundraising activities. Client wishes to engage Counsel for counseling services, and Counsel wishes to provide such services, on the basis set out in this Agreement.
C. This Agreement is intended to be and is a written contract between a fundraising counsel for a charitable purpose and a charitable organization within the meaning of the applicable law of JURISDICTION_STATE.
D. This Agreement has two exhibits. The first exhibit, a document attached as Exhibit A and referred to as the “Plan,” sets out the specifics of the arrangement, including the timeframe, charitable purpose, activities and services, reporting requirements, fees, insurance requirements, and contact persons. The second exhibit, attached as Exhibit B, is a form to be used to document any adjustments in the Plan as provided by Section 1.4 of this Agreement.
Client and Counsel agree as follows:
1. Basic Agreement
1.1 Services
Counsel will provide fundraising counseling services (“Services”) as specified in this Agreement, including the Plan attached as Exhibit A.
1.2 Time frame
, and in line with policy, brand, and reputational considerations, Client will retain control and approval over the content and frequency of any solicitation on behalf of Client. Client may monitor such activities and direct or limit them as Client determines in its sole discretion. ; and (c) neither the execution and delivery of this Agreement not the performance of Services by Counsel will: (i) result in a violation by Counsel of any contract to which Counsel is a party; or (ii) result in a violation by Coundel of any law applicable to Counsel. and for its performance of Services under this Agreement (b) Counsel is not party to and is not aware of any legal action, proceeding or investigation by the government of JURISDICTION_STATE or any other regulatory agency, or by other charitable organization that has retained Counsel, against Counsel or any of its directors, officers, or employees, relating to fundraising activities; and (c) no director or officer of Counsel, and no person with a controlling interest in Counsel, has been convicted by a court of any state or JURISDICTION_STATE of a crime arising from fundraising activities punishable as a misdemeanor or felony. . with respect to oversight of solicitation, Counsel will have sole responsibility for its operations, including, without limitation, funding its business, paying its expenses, complying with legal obligations, and hiring and managing its employees. , at any time during the ten day period following the date of execution of this Agreement (“Cancellation Period”), Client may cancel this Agreement by providing written notice to Counsel of that cancellation decision. Such cancellation will be effective upon delivery of the notice. , Client may terminate this Agreement at any time in its sole discretion after the Cancellation Period by providing written notice of that decision to the other. Such a termination will be effective 30 days after delivery of the notice. , written notices of cancellation or termination that are mailed by Client shall be by certified mail, return receipt requested, and shall be deemed effective upon the expiration of five calendar days from the date of mailing. .........................................