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Fundraising Commission Agreement for Germany

Fundraising Commission Agreement Template for Germany

A legally binding agreement under German law that establishes the terms and conditions between an organization and a professional fundraiser or fundraising agency for commission-based fundraising services. The agreement details the scope of fundraising activities, commission structure, payment terms, compliance requirements under German regulations, and the parties' respective obligations. It incorporates specific provisions required by German commercial and civil law, including requirements under the B眉rgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB), while ensuring compliance with data protection regulations (GDPR/DSGVO) and relevant fundraising laws.

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What is a Fundraising Commission Agreement?

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.

What sections should be included in a Fundraising Commission Agreement?

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

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

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

What schedules should be included in a Fundraising Commission Agreement?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Sector

Sales

Cost

Free to use

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