As a legal writer who’s spent over a decade crafting templates for businesses and non-profits, I’ve seen firsthand how crucial a well-drafted agreement is when engaging a fundraising consultant. Too often, organizations jump into partnerships without clearly defining roles, responsibilities, and compensation, leading to misunderstandings and potential disputes down the line. This article will guide you through the key elements of a fundraising consultant agreement (also often called a fundraising consultant contract), and provide you with a free, downloadable template to get you started. We’ll cover everything from scope of work to payment terms, ensuring you protect your organization’s interests while fostering a productive relationship with your consultant. Let's dive in!
Think of a fundraising consultant as a vital extension of your team. They bring expertise, networks, and strategies to boost your fundraising efforts. However, without a clear agreement, you risk ambiguity and potential conflict. Here's why a formal contract is essential:
Let's break down the essential clauses you should include in your fundraising consultant contract. I’ve organized them into categories for clarity.
Clearly identify both parties involved. This includes the legal name of your organization (e.g., "The Community Arts Foundation, a non-profit corporation") and the consultant’s legal name or business name (e.g., "Sarah Miller Consulting, LLC"). Include addresses and contact information for both.
This is arguably the most important section. Be extremely specific. Avoid vague language like "assist with fundraising." Instead, detail exactly what the consultant will do. Examples:
Consider including specific, measurable goals. For example, "Increase individual donations by 15% within six months."
Specify the start and end dates of the agreement. Include clauses outlining conditions for termination by either party. Common termination clauses include:
Clearly outline how the consultant will be compensated. Common options include:
Address reimbursement of expenses. Will the consultant be reimbursed for travel, meals, and other expenses? Specify the process for submitting expense reports and any limitations on reimbursable expenses. Consult IRS guidelines regarding charitable solicitation disclosures, which may impact expense reimbursement.
Include a confidentiality clause to protect your organization’s sensitive information, such as donor lists, financial data, and strategic plans. This clause should outline what information is considered confidential and the consultant’s obligations to protect it.
Clearly state who owns the intellectual property created during the engagement. Generally, your organization should own the strategies, materials, and donor lists developed by the consultant. The agreement should explicitly state this.
An indemnification clause protects your organization from liability arising from the consultant’s actions. It essentially states that the consultant will be responsible for any damages or losses caused by their negligence or misconduct.
Specify the state law that will govern the agreement. This is typically the state where your organization is located.
Outline the process for resolving disputes. Common options include mediation and arbitration. This clause can save time and money if a disagreement arises.
Below is a simplified template. Please read the disclaimer at the end of this article. This is a starting point and should be reviewed and customized by an attorney to fit your specific needs.
| Section | Description |
|---|---|
| Parties | [Organization Name], located at [Organization Address] (“Organization”), and [Consultant Name], located at [Consultant Address] (“Consultant”). |
| Scope of Work | Consultant agrees to [Detailed description of services, including specific tasks and deliverables]. |
| Term | This Agreement shall commence on [Start Date] and continue until [End Date]. |
| Compensation | Organization shall pay Consultant [Hourly Rate/Retainer Fee/Commission] for services rendered. Expenses will be reimbursed according to [Expense Reimbursement Policy]. |
| Confidentiality | Consultant agrees to hold all Organization information confidential. |
| Intellectual Property | All intellectual property created during this engagement shall be owned by the Organization. |
| Termination | Either party may terminate this Agreement with [Number] days written notice. |
| Governing Law | This Agreement shall be governed by the laws of the State of [State]. |
Download Fundraising Consultant Agreement
A solid agreement is just the first step. Here are some additional tips for a successful partnership:
Engaging a fundraising consultant can be a game-changer for your organization. However, protecting your interests requires a well-crafted fundraising consultant contract. By understanding the key components of an agreement and utilizing the free template provided, you can establish a clear and productive partnership that drives fundraising success. Remember to always prioritize clear communication, mutual respect, and a commitment to achieving your fundraising goals.
Disclaimer: This article and the provided template are for informational purposes only and do not constitute legal advice. Laws vary by jurisdiction, and the specific needs of your organization may require a customized agreement. It is strongly recommended that you consult with an attorney licensed in your jurisdiction to review and adapt this template to ensure it complies with applicable laws and adequately protects your interests. We are not responsible for any actions taken or not taken based on the information provided in this article or template.