Fundraising Partnership Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes and regulates a partnership between organizations for fundraising purposes. The document outlines the terms and conditions for collaborative fundraising efforts, including roles, responsibilities, financial arrangements, and compliance requirements under South African legislation such as the Non-Profit Organisations Act and Fund-Raising Act. It provides a framework for managing fundraising activities, revenue sharing, brand usage, and risk management while ensuring adherence to local regulatory requirements and best practices in the fundraising sector.

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What is a Fundraising Partnership Agreement?

The Fundraising Partnership Agreement is essential for organizations in South Africa seeking to establish formal collaborations for fundraising activities. This document is particularly relevant when two or more entities wish to combine their resources, expertise, and networks to achieve specific fundraising objectives while maintaining compliance with South African regulations. The agreement addresses key aspects such as revenue sharing, operational responsibilities, compliance with the Non-Profit Organisations Act and Fund-Raising Act, and risk management. It's commonly used when non-profit organizations partner with professional fundraisers, when corporate foundations collaborate with charitable organizations, or when multiple entities join forces for specific fundraising campaigns. The document includes comprehensive provisions for financial arrangements, brand protection, data privacy compliance, and dispute resolution mechanisms, all within the context of South African legal requirements.

What sections should be included in a Fundraising Partnership Agreement?

1. Parties: Identification and details of the contracting parties, including their legal status and registration details

2. Background: Context of the agreement, including the purpose of the partnership and brief description of each party's expertise

3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules for interpreting the agreement

4. Scope of Partnership: Detailed description of the fundraising activities covered by the agreement and territorial scope

5. Roles and Responsibilities: Specific duties and obligations of each party in the fundraising partnership

6. Fundraising Targets and Objectives: Agreed-upon fundraising goals, metrics, and timeline for achievement

7. Financial Arrangements: Details of revenue sharing, cost allocation, payment terms, and financial reporting requirements

8. Compliance Requirements: Obligations regarding fundraising regulations, permits, and statutory requirements

9. Branding and Communications: Guidelines for use of parties' brands, approval processes for fundraising materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

12. Dispute Resolution: Procedures for handling disputes between parties

13. General Provisions: Standard clauses including notices, entire agreement, variation, and governing law

What sections are optional to include in a Fundraising Partnership Agreement?

1. Digital Fundraising Provisions: Specific provisions for online fundraising activities, including platform usage and digital payment processing

2. International Operations: Additional provisions for cross-border fundraising activities and compliance with international regulations

3. Intellectual Property Rights: Detailed provisions for IP ownership and licensing if significant IP is involved

4. Data Protection: Detailed POPIA compliance requirements if extensive personal data processing is involved

5. Staff and Volunteers: Provisions regarding the management and training of fundraising staff and volunteers

6. Insurance Requirements: Specific insurance obligations if high-risk fundraising activities are involved

7. Social Media Guidelines: Specific rules for social media fundraising campaigns and content

8. Crisis Management: Procedures for handling public relations issues or fundraising-related incidents

What schedules should be included in a Fundraising Partnership Agreement?

1. Schedule 1: Fundraising Territories: Detailed list of geographic areas covered by the agreement

2. Schedule 2: Approved Fundraising Methods: Comprehensive list of permitted fundraising activities and methods

3. Schedule 3: Financial Terms: Detailed breakdown of financial arrangements, including fees, commissions, and payment structures

4. Schedule 4: KPIs and Reporting Templates: Specific performance indicators and required reporting formats

5. Schedule 5: Compliance Checklist: List of required permits, registrations, and compliance requirements

6. Schedule 6: Brand Guidelines: Detailed requirements for use of logos, trademarks, and marketing materials

7. Appendix A: Required Forms and Documents: Templates for necessary documentation and reporting

8. Appendix B: Contact Details: List of key contacts and escalation procedures for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

Genie AI

Cost

Free to use

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