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Third Party Fundraiser Agreement

By Jose Gray,2014-07-09 03:40
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Third Party Fundraiser Agreement

[Insert date]

[Insert name and address of business]

Dear [Insert name]:

    Thank you for your interest in collecting donations to benefit the American Red Cross from [insert potential donors, e.g., customers, patrons, guests, listeners, etc.] of [insert name of business] (“Donors”).

    We appreciate your desire to support the American Red Cross. This letter serves as an agreement between [insert name of business] (hereinafter referred to as “you” or “your”) and The American National

    Red Cross (“Red Cross”) for the purpose of setting forth the terms and conditions of our relationship with respect to the fundraising program described below.

1. From the date of your signature below until ______________ (“Term”), you agree to provide

    Donors the opportunity to donate money to the Red Cross (“Donations”). You agree to collect

    Donations from Donors and forward one hundred percent (100%) of the Donations to the

    Red Cross, and in all events will forward to the Red Cross a minimum of $_____________. You

    agree to combine all Donations collected during the Term and, within ten (10) days after the

    Term, transmit the Donations by check and in one lump sum to the following address:

    American Red Cross

    300 Chase Park South

    Hoover, AL 35244

    2. You agree to pay all costs associated with collecting and transmitting to Red Cross the Donations.

    You also agree to pay all costs associated with developing and printing promotional and

    marketing material for the fundraising program authorized hereunder (“Materials”), and you

    further agree that you will designate the beneficiary of the fundraising program as “American Red

    Cross.” You agree that before you use, publish, disseminate or display the Materials, you will

    obtain written approval of the Materials by the Fundraising Department at the Red Cross. You

    agree to include the following disclaimer on all Materials: “The American Red Cross name is

    used with its permission, which in no way constitutes an endorsement, express or implied, of any

    product, service, company, individual or political position.” You also agree to include the

    following contact information on all Materials: “For more information about the American Red

    Cross, please call 1-800 HELP NOW or email info@usa.redcross.org.

    3. For a period of one (1) year after the Term, Red Cross may, upon fifteen (15) days prior notice to

    you, inspect and audit your financial records and bookkeeping with respect to all funds collected

    under this Letter Agreement.

4. YOU REPRESENT AND WARRANT THAT YOU WILL FORWARD TO THE RED CROSS

    ONE HUNDRED PERCENT (100%) OF THE DONATIONS. You shall indemnify, defend and

    hold Red Cross harmless, including its chartered units, and its directors, officers, employees,

    agents and volunteers from and against any and all suits, claims, demands, liabilities, damages,

    costs and expenses (including reasonable attorneys’ fees) arising out of or relating in any way to

    your business and the fundraising activities authorized hereunder.

Page 2 Letter Agreement

    5. You agree to comply with all federal, state and local charitable solicitation statutes, regulations

    and ordinances that affect or apply to you and the fundraising activities authorized hereunder.

    6. If it is reasonable and customary for the Donors to expect an acknowledgement of their Donations

    collected under the fundraising activities authorized hereunder, you will either (i) provide to each

    individual Donor written documentation that acknowledges the Donor’s contribution, or

    (ii) provide individual Donor and donation information (including, Donor name, address and

    amount of contribution) to Red Cross for the purpose of Donor acknowledgement. For each

    contribution of $250.00 or more by an individual Donor, you agree to (i) provide to such

    individual Donor written documentation that acknowledges the Donor’s contribution, or

    (ii) provide individual Donor and donation information (including, Donor name, address and

    amount of contribution) to Red Cross for the purpose of Donor acknowledgement.

    7. You agree that any tax credit accrues to the original donor and not to you as a third party

    conveyor of the donation.

    8. You agree that you shall not assign, subcontract or in any way transfer any of the obligations,

    duties or responsibilities under this Letter Agreement without the prior written permission of

    Red Cross.

    9. Either party to this Letter Agreement may terminate this Letter Agreement at its convenience.

    In the event of termination, all funds collected subject to this Letter Agreement must be remitted

    as specified above.

    10. This Letter Agreement constitutes the entire agreement and understanding between you and

    Red Cross with regard to the subject matter hereof and no amendment, modification or waiver of

    any of the terms or conditions herein shall be valid unless in a writing signed by both you and an

    authorized representative of Red Cross.

    Once again, we thank you for your commitment to collect donations to support the American Red Cross. To demonstrate your agreement to the terms and conditions of this Letter Agreement, please sign below as indicated and return the signed copy to me.

Very truly yours,

______________________________________

    On behalf of The American National Red Cross

Page 3 Letter Agreement

I AGREE TO THE TERMS AND CONDITIONS OF THIS LETTER AGREEMENT.

    ______________________________________ Signature

    ______________________________________ Printed Name

    ______________________________________ Title

    ______________________________________ Date

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