Fundraising Partnership Agreement Template for England and Wales

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What is a Fundraising Partnership Agreement?

The Fundraising Partnership Agreement is essential when organizations wish to collaborate on fundraising initiatives in England and Wales. This document provides a formal structure for partnerships between charities, businesses, or fundraising agencies, ensuring compliance with UK charity laws and fundraising regulations. It covers crucial aspects such as financial arrangements, data protection, brand usage, and operational responsibilities while protecting all parties' interests. The agreement is particularly important given the regulated nature of fundraising activities in the UK and the need for transparency in charitable operations.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Fundraising Partnership Agreement

A Fundraising Partnership Agreement is a legally binding contract that governs collaborative fundraising activities between charities, businesses, fundraising agencies, and event management companies in England and Wales. This document establishes clear terms for revenue sharing, operational responsibilities, data protection compliance, and brand usage while ensuring all parties meet their legal obligations under UK charity and corporate law.

When do you need this document?

You need this agreement whenever your charity partners with external organizations for fundraising activities. This includes collaborating with corporate sponsors for charity events, working with professional fundraising agencies to manage campaigns, partnering with event management companies for gala dinners or sponsored challenges, or establishing joint fundraising initiatives with other charities. The document is essential when sharing donor data, using each other's branding, or when significant financial commitments are involved. Given the regulated nature of UK fundraising, having a formal agreement protects all parties and ensures compliance with charity law requirements.

Key legal considerations

Several critical legal elements must be addressed in your fundraising partnership. Data protection is paramount - you must clearly define how personal data will be collected, processed, shared, and stored in compliance with UK GDPR and the Data Protection Act 2018. Financial arrangements require careful structuring, including revenue sharing percentages, expense allocation, payment terms, and transparency requirements. Brand usage and intellectual property rights need explicit definition to prevent unauthorized use of logos, trademarks, or charitable status. The agreement should establish clear governance structures, reporting obligations, and dispute resolution mechanisms. Risk allocation is crucial, particularly regarding public liability, professional indemnity, and reputational risks. You must also address termination procedures, including how to handle ongoing commitments and donor relationships if the partnership ends.

Legal requirements in England and Wales

Under the Charities Act 2011, charities must ensure all fundraising activities serve their charitable purposes and maintain public benefit. Professional fundraising arrangements must comply with specific disclosure requirements, and charities must exercise proper oversight of external fundraising partners. The Charities (Protection and Social Investment) Act 2016 introduced additional protections, requiring charities to ensure fundraising is conducted in accordance with recognized standards and that vulnerable donors are protected. Corporate partners must comply with Companies Act 2006 requirements regarding corporate social responsibility and director duties. All parties must adhere to Consumer Rights Act 2015 provisions when fundraising involves the general public, including clear terms and conditions and fair treatment of donors. Online and distance fundraising activities must comply with Consumer Contracts Regulations 2013, including providing cooling-off periods where applicable. The Charity Commission provides detailed guidance on fundraising partnerships, and compliance with their recommendations is essential for maintaining charitable status and public trust.

GOVERNING LAW

Applicable law

This Fundraising Partnership Agreement is drafted to comply with England and Wales law. Key legislation includes:

Charities Act 2011: Primary legislation governing charity operations in England and Wales, including fundraising activities and regulatory requirements

Companies Act 2006: Relevant when any party to the agreement is a registered company, covering corporate governance and director responsibilities

Data Protection Act 2018 and UK GDPR: Legislation governing how personal data must be collected, processed, and stored in fundraising activities

Consumer Rights Act 2015: Protects consumer rights and applies to fundraising activities involving the general public

Consumer Contracts Regulations 2013: Governs distance selling and online fundraising activities, including cooling-off periods

Charities (Protection and Social Investment) Act 2016: Additional regulations for charities regarding fundraising practices and social investment

Charitable Institutions (Fund-Raising) Regulations 1994: Specific regulations governing fundraising practices for charitable institutions

Fundraising Regulator's Code of Fundraising Practice: Sets standards for fundraising activities and must be followed by all charitable organizations

Financial Services and Markets Act 2000: Regulates financial activities and may apply to certain types of fundraising structures

Money Laundering Regulations 2017: Requirements for due diligence and preventing money laundering in financial transactions

Payment Services Regulations 2017: Governs payment processing and financial transactions in fundraising activities

Privacy and Electronic Communications Regulations (PECR): Regulates electronic communications and marketing activities in fundraising

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, governing fundraising marketing materials

Employment Rights Act 1996: Relevant if the partnership involves staff or employment matters

Equality Act 2010: Ensures non-discrimination and equal treatment in fundraising activities and employment

Gambling Act 2005: Applies to fundraising activities involving raffles, lotteries, or similar games of chance

Gift Aid Legislation: Tax regulations regarding charitable donations and Gift Aid claims

Local Authority Licensing Requirements: Various local regulations that may apply to specific fundraising activities or events

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