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Nonprofit Fundraising Regulations
Many states require nonprofits, and any professionals helping nonprofits with fundraising, to register with the appropriate state agency before soliciting charitable donations.[1] State charity officials can be contacted to find out the exact requirements.
Important Agreement Terms
A fundraising consultant agreement should:
- Define the requested fundraising services.
- Identify the consultant’s payment.
- Note: While legal, it’s considered unethical for nonprofits to pay fundraising professionals a commission.[2]
- Identify the agreement length and donation deadlines.
- Provide cancelation terms.
If the consultant directly engages in soliciting charitable donations, the agreement should also[3]:
- Indicate who owns donor lists.
- Explain whether the consultant can hire subcontractors.
- Require the consultant to:
- Use only approved scripts and materials when contacting the public.
- Comply with state law and the FTC’s Telemarketing Sales Rule.
- Report donation results during and at the end of the campaign.
Sample
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FUNDRAISING CONSULTANT AGREEMENT
This Fundraising Consultant Agreement (“Agreement”) is made on [DATE] by and between [CONSULTANT NAME], with a mailing address of [CONSULTANT ADDRESS] (“Consultant”), and [CLIENT NAME], with a mailing address of [CLIENT ADDRESS] (“Client”).
1. SERVICES. The Consultant agrees to provide the following services to the Client: [DESCRIPTION OF SERVICES] (“Services”).
2. TERM. The Services shall commence on [DATE] and end upon [END DATE OR OTHER TERMINATION EVENT].
3. PAYMENT. The Client shall pay the Consultant $[AMOUNT] per [PAYMENT BASIS (E.G., HOUR)] for the Services. Payment shall be made by [PAYMENT METHOD] every [PAYMENT FREQUENCY].
4. RETAINER. The Client is: (check one)
☐ – Required to pay the Consultant a non-refundable retainer of $[AMOUNT].
☐ – Not required to pay a retainer.
5. EXPENSES. The Client shall be responsible for all expenses related to the Services, except for the following: [EXPENSES TO BE PAID BY CONSULTANT].
6. INDEPENDENT CONTRACTOR STATUS. The Consultant is an independent contractor, and neither the Consultant nor their employees or contract personnel are or shall be deemed the Client’s employees.
7. NON-DISCLOSURE. The Consultant agrees not to disclose or misuse the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.
8. CANCELATION. Either party may cancel this Agreement under the following terms and conditions: [CANCELATION POLICY].
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
Consultant Signature: _____________________
Print Name: [CONSULTANT NAME]
Client Signature: _____________________
Print Name: [CLIENT NAME]