Most states have adopted charitable solicitation laws designed to protect donors, the general public, and charities themselves from fraud. Generally, these laws require charities and their fundraisers to register with the state, describe their fundraising activities, file financial documents, and pay a fee that covers the administrative expenses of monitoring charities. The Federal Trade Commission authorizes the filing of complaints when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest.
The Virginia Fundraising Agreement is a legally binding contract that outlines the terms and conditions between a nonprofit organization and a professional fundraiser operating in the state of Virginia. A fundraising agreement is necessary to ensure compliance with the relevant laws and regulations governing charitable fundraising activities in Virginia. This agreement establishes a clear understanding between the nonprofit organization (also known as the "organization" or the "charity") and the professional fundraiser (also known as the "fundraiser" or the "solicitor") regarding the scope of work, compensation, obligations, and responsibilities of each party involved in the fundraising process. The Virginia Fundraising Agreement typically includes the following key elements: 1. Parties involved: Clearly states the names and contact information of both the nonprofit organization and the professional fundraiser. 2. Purpose and scope of work: Outlines the specific charitable fundraising activities that the professional fundraiser will be engaged in on behalf of the organization. This may include soliciting donations, organizing fundraising events, and managing donor relationships. 3. Compensation and expenses: Specifies the compensation structure for the professional fundraiser, which may be a percentage of the funds raised, a flat fee, or a combination of both. It may also include reimbursement clauses for certain approved expenses incurred during the fundraising activities. 4. Legal compliance: Details the obligations of the professional fundraiser to adhere to all applicable state and federal laws, including registration requirements, record-keeping, reporting, and disclosure obligations. This ensures that fundraising activities are conducted in accordance with the Virginia Solicitation of Contributions Law and any other relevant statutes. 5. Duration and termination: Defines the duration of the agreement, including any specific start and end dates. It also outlines the circumstances under which either party may terminate the agreement, such as a breach of contract or failure to meet agreed-upon targets. 6. Confidentiality and intellectual property: Addresses the confidentiality of any proprietary or sensitive information shared between the organization and the professional fundraiser. Additionally, it clarifies the ownership of any intellectual property created during the course of the agreement. Types of Virginia Fundraising Agreements: 1. General Fundraising Agreement: This type of agreement covers a broad range of fundraising activities and is applicable to professional fundraisers working with nonprofit organizations to solicit funds from individual donors, corporations, and foundations. 2. Event-specific Fundraising Agreement: This agreement focuses on a particular fundraising event organized by the nonprofit organization. It outlines the roles and responsibilities of the professional fundraiser in relation to that specific event and may include details about ticket sales, sponsorship negotiations, and donor management for that event. 3. Capital Campaign Fundraising Agreement: A capital campaign fundraising agreement is specifically designed for large-scale fundraising efforts aimed at raising funds for significant projects or capital improvements of a nonprofit organization. This type of agreement will encompass a longer-term commitment from the professional fundraiser and may include additional provisions related to major gift solicitation, planned giving, and grant writing. In conclusion, the Virginia Fundraising Agreement is a crucial legal document that ensures transparency and compliance within the charitable fundraising landscape. It establishes the expectations and responsibilities of both the nonprofit organization and the professional fundraiser, thereby fostering a mutually beneficial working relationship while safeguarding the interests of donors, the organization, and the wider community.The Virginia Fundraising Agreement is a legally binding contract that outlines the terms and conditions between a nonprofit organization and a professional fundraiser operating in the state of Virginia. A fundraising agreement is necessary to ensure compliance with the relevant laws and regulations governing charitable fundraising activities in Virginia. This agreement establishes a clear understanding between the nonprofit organization (also known as the "organization" or the "charity") and the professional fundraiser (also known as the "fundraiser" or the "solicitor") regarding the scope of work, compensation, obligations, and responsibilities of each party involved in the fundraising process. The Virginia Fundraising Agreement typically includes the following key elements: 1. Parties involved: Clearly states the names and contact information of both the nonprofit organization and the professional fundraiser. 2. Purpose and scope of work: Outlines the specific charitable fundraising activities that the professional fundraiser will be engaged in on behalf of the organization. This may include soliciting donations, organizing fundraising events, and managing donor relationships. 3. Compensation and expenses: Specifies the compensation structure for the professional fundraiser, which may be a percentage of the funds raised, a flat fee, or a combination of both. It may also include reimbursement clauses for certain approved expenses incurred during the fundraising activities. 4. Legal compliance: Details the obligations of the professional fundraiser to adhere to all applicable state and federal laws, including registration requirements, record-keeping, reporting, and disclosure obligations. This ensures that fundraising activities are conducted in accordance with the Virginia Solicitation of Contributions Law and any other relevant statutes. 5. Duration and termination: Defines the duration of the agreement, including any specific start and end dates. It also outlines the circumstances under which either party may terminate the agreement, such as a breach of contract or failure to meet agreed-upon targets. 6. Confidentiality and intellectual property: Addresses the confidentiality of any proprietary or sensitive information shared between the organization and the professional fundraiser. Additionally, it clarifies the ownership of any intellectual property created during the course of the agreement. Types of Virginia Fundraising Agreements: 1. General Fundraising Agreement: This type of agreement covers a broad range of fundraising activities and is applicable to professional fundraisers working with nonprofit organizations to solicit funds from individual donors, corporations, and foundations. 2. Event-specific Fundraising Agreement: This agreement focuses on a particular fundraising event organized by the nonprofit organization. It outlines the roles and responsibilities of the professional fundraiser in relation to that specific event and may include details about ticket sales, sponsorship negotiations, and donor management for that event. 3. Capital Campaign Fundraising Agreement: A capital campaign fundraising agreement is specifically designed for large-scale fundraising efforts aimed at raising funds for significant projects or capital improvements of a nonprofit organization. This type of agreement will encompass a longer-term commitment from the professional fundraiser and may include additional provisions related to major gift solicitation, planned giving, and grant writing. In conclusion, the Virginia Fundraising Agreement is a crucial legal document that ensures transparency and compliance within the charitable fundraising landscape. It establishes the expectations and responsibilities of both the nonprofit organization and the professional fundraiser, thereby fostering a mutually beneficial working relationship while safeguarding the interests of donors, the organization, and the wider community.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
