Fundraising Commission Agreement Template for Germany

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Key Requirements PROMPT example:

Fundraising Commission Agreement

"I need a Fundraising Commission Agreement for our university foundation to engage a professional fundraiser who will focus on alumni donations, with a tiered commission structure starting at 5% for donations up to €100,000 and increasing to 8% for larger amounts, starting March 2025."

Document background
The Fundraising Commission Agreement is essential for organizations seeking to engage professional fundraisers or fundraising agencies on a commission basis in Germany. This document is particularly relevant when an organization wants to formalize a performance-based fundraising relationship while ensuring compliance with German legal requirements. The agreement addresses crucial aspects such as commission rates, payment triggers, regulatory compliance, data protection, and reporting requirements. It's designed to protect both parties' interests while adhering to German civil and commercial law, including relevant provisions of the BGB and HGB. The document is commonly used by non-profits, educational institutions, and charitable organizations looking to expand their fundraising capabilities through professional services.
Suggested Sections

1. Parties: Identification of the principal organization and the fundraising agent/consultant

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Successful Fundraising', 'Commission', 'Target Donors'

4. Appointment and Scope: Terms of appointment and detailed description of fundraising services to be provided

5. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment triggers

6. Payment Terms: Timing and method of commission payments, invoicing requirements, and payment conditions

7. Obligations of the Agent: Fundraiser's duties, reporting requirements, and compliance obligations

8. Obligations of the Principal: Organization's responsibilities, including provision of materials and support

9. Compliance and Regulations: Compliance with fundraising regulations, data protection, and relevant laws

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and circumstances for termination

12. Post-Termination: Rights and obligations after agreement ends, including commission on pending donations

13. General Provisions: Standard clauses including governing law, notices, and amendments

Optional Sections

1. Exclusivity: Used when the fundraiser is granted exclusive rights for certain donors or regions

2. Performance Targets: Include when specific fundraising targets are required with consequences for non-achievement

3. Training and Support: Required when the principal provides specific training or resources

4. Intellectual Property: Necessary when fundraising involves creation or use of branded materials

5. Insurance: Include when specific insurance coverage is required from the fundraiser

6. Data Processing Agreement: Required when extensive personal data processing is involved

7. Non-Compete: Used when restricting fundraiser's work with competing organizations

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

Suggested Schedules

1. Commission Calculation Methods: Detailed formulas and examples of commission calculations

2. Approved Fundraising Methods: List of permitted fundraising activities and approaches

3. Reporting Templates: Standard forms for activity and success reporting

4. Target Donor Categories: Classification and description of target donor groups

5. Compliance Procedures: Detailed procedures for regulatory compliance

6. Marketing Materials Guidelines: Standards for use of promotional materials

7. Data Protection Protocols: Specific procedures for handling personal data

8. Territory Map: If applicable, geographical areas covered by the agreement

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Non-profit

Education

Healthcare

Arts and Culture

Social Services

Environmental Conservation

Religious Organizations

Research Institutions

Sports and Recreation

Humanitarian Aid

Relevant Teams

Legal

Finance

Development

Compliance

Operations

Donor Relations

Business Development

Administration

Executive Leadership

Grants Management

Relevant Roles

Fundraising Director

Development Officer

Chief Executive Officer

Legal Counsel

Compliance Officer

Finance Director

Development Manager

Grants Manager

Non-profit Administrator

Foundation Director

Campaign Manager

Donor Relations Manager

Professional Fundraiser

Commission Agent

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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