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 provide specific requirements.
Important Agreement Terms
A fundraising consultant agreement should:
- Define the fundraising services and each party’s financial responsibilities.
- Identify the consultant’s payment.
- Note: It’s considered unethical 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
Download: PDF, Word (.docx), OpenDocument
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. 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]