Laws
ADDENDUM TO AGREEMENT BETWEEN ABC SOLICITOR and XYZ CHARITY PROVISIONS OF STATE LAW APPLICABLE TO THIS CONTRACT A) The parties agree that to the extent that this Contract is performed, applied, interpreted or enforced within the jurisdiction of the following states, it will be subject to the appropriate provisions of law listed below for the purposes of that state. All estimates and assumptions of the parties with respect to projected contact rates, participation rates, average pledge amounts, fulfillment rates, and the compensation that will be paid to the charitable organization are based on industry standards and the experience of the parties during previous fundraising campaigns. B) Unless otherwise stated or required by the law of any state, the effective date of this Contract shall be the first day of the Term and it shall terminate as of the close of business on the last day of the Term. Unless otherwise stated, for any state that requires a guarantee that a minimum percentage of the gross revenue shall be paid to XYZ, the parties agree that the gross minimum guarantee shall be one percent (1%) of the gross receipts. C) Specific State Provisions
1. For the purposes of the State of Connecticut, the following shall apply:
XYZ shall receive as a result of the solicitation campaign, a minimum guarantee of Zero percent (0%) of the gross revenue raised pursuant to this contract dated _________
2. For purposes of the State of Florida, the contract shall be modified to add the following section:
XYZ purpose.
3. For purposes of the State of Georgia, the contract shall be modified to add the following section:
XYZ shall receive a minimum of One percent (1%) of the gross revenue raised pursuant to this Contract, dated _____. All other financial arrangements as stated in this Contract shall remain in effect and unchanged.
4. For the purposes of the State of Hawaii, the contract shall be modified to add the following section:
It is estimated that XYZ shall receive as a result of this solicitation campaign a minimum of One percent (1%) and ABC shall receive (95%) of all funds raised pursuant to this Contract. These are estimated percentages based upon previous experience of similar campaigns conducted by ABC with a potential gross amount raised in excess of $97,736. This shall not affect compensation provisions as listed in this Contract, dated _____.
5. For purposes of the State of Illinois, the contract shall be modified to add the following section:
The term of this Contract shall be _____ to _____. ABC shall be authorized by XYZ to conduct solicitations on a nationwide basis for the purposes of the terms of this Contract. ABC projects $_____ in gross revenue to be raised from this campaign. ABC estimates expenses related to the campaign to be $_____. The estimated figures are based upon experience of similar campaigns conducted by ABC. This shall not affect any of the other terms including compensation as set out in this Contract. The books and records of fundraising activities shall be kept at the following addressee(s): ABC full address.
6. For purposes of the State of Indiana, the following shall apply.
XYZ shall receive as a result of this solicitation campaign a minimum of One percent (1%) of the gross revenue raised pursuant to this Contract, dated _____. A reasonable estimate of the gross revenue that XYZ shall receive is $_____. This is an estimate based upon the experience of similar campaigns conducted by ABC. This shall not affect compensation provisions as listed in this Contract. The average percentage of gross contributions received by sponsoring organizations as a result of campaigns conducted by ABC in the three years preceding this contract is ___ percent (___%).
7. For the purposes of the Commonwealth of Kentucky, the following shall apply:
XYZ shall receive as a result of this solicitation campaign a minimum of One percent 1%) of the gross revenue raised pursuant to this Contract, dated ______. This is an estimated percentage based upon the experience of similar campaigns conducted by ABC. This shall not affect compensation provisions as listed in this Contract.
8. For purposes of the State of Maryland, the following shall apply:
The minimum percentage of gross receipts from fundraising from the State of Maryland which shall be realized by the charitable organization exclusively to advance its programmatic charitable purpose is One percent (1%) of the gross revenue raised pursuant to this Contract, _____. This shall not affect any of the other terms including compensation as set out in this Contract.
9. For purposes of the Commonwealth of Massachusetts, the following shall apply:
(a) The minimum percentage of gross receipts from fundraising from the State of Massachusetts after all expenses are paid which shall be realized by the charitable organization is One percent (1%) of the gross revenue raised pursuant to this Contract, _____.
(b) All oral presentations to be used by ABC (and any material changes thereto), shall have been reduced to a writing and shall have been reviewed and approved by XYZ.
(c) The parties to this Contract project total expenses in the amount of $_____ and total revenue in the amount of $_____. These estimated figures are based upon experience of similar campaigns conducted by ABC. ABC shall submit reports to XYZ on a regular basis showing actual expenses and revenues for the solicitation campaign.
10. For the purposes of the State of Mississippi, the following shall apply:
(a) Solicitation activity is to commence within the State of Mississippi ten working days after the Contract is received by the Office of the Secretary of State.
(b) All oral and written presentations to be used by ABC (and any material changes thereto), shall have been reduced to a writing and shall have been reviewed and approved by XYZ. Solicitation activity and the Contract will terminate on _____, within the State of Mississippi.
(c) XYZ purpose.
(d) The address of Client is: XYZ full address.
11. For the purposes of the State of Mississippi, the following shall apply:
(a) Solicitation activity is to commence within the State of Mississippi ten working days after the Contract is received by the Office of the Secretary of State.
(b) All oral and written presentations to be used by ABC (and any material changes thereto), shall have been reduced to a writing and shall have been reviewed and approved by XYZ. Solicitation activity and the Contract will terminate on _____, within the State of Mississippi.
(c) XYZ purpose.
(d) The address of Client is: XYZ full address.
12. For the purposes of the State of New Hampshire, the following shall apply:
(a) XYZ shall receive as a result of this solicitation campaign a minimum of One percent (1%) of gross revenue. This is an estimated percentage based on projected figures for average pledge amount participation percentage and fulfillment percentage. While every project varies in results and yield, this assumption is based on industry standards.
(b) This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in this Contracted dated _____ to _____ shall remain in effect and unchanged. The actual percentage going to XYZ shall not be less that the estimated percentage minus ten percent of the gross revenue.
(c) The name and address of each person pledging to contribute, together with the date and amount of the pledge, shall be the sole, exclusive property of XYZ with no rights to transfer, sell, rent, or otherwise cause to be used except by XYZ.
13. For the purposes of the State of New York, the contract shall be modified to add the following section:
(a) Contract will commence on ____ within the state of New York and Contract will terminate on _____ within the state of New York.
(b) Charity’s Right to cancel this Contract: It is understood by both parties that the charitable organization has the right under New York State law to cancel this Contract and that the charitable organization does not have to give any reason for the cancellation. By law, the parties to this contract cannot waive or modify this right by any pre-existing agreement or by any subsequent agreement between parties. Therefore, the charitable organization may cancel this contract without cost, penalty or liability if the charitable organization notifies ABC in writing as provided below.
(c) Period under which Contract may be cancelled: If ABC is registered with the New York Office of the Attorney General Charities Bureau the charitable organization may cancel this Contract at any time up to and including the fifteenth day after this Contract was filed by ABC with the New York State Office of the Attorney General Charities Bureau. If, however, ABC is not registered with the New York Office of the Attorney General Charities Bureau at the time this Contract is signed, the charitable organization may cancel at any time after it is signed.
(d) Procedure for canceling this Contract: The charitable organization may cancel this Contract by giving ABC written notice of cancellation. This notice can be in the form of a letter indicating that the charitable organization does not intend to be bound by the Contract. The notice of cancellation may be hand-delivered or mailed to ABC. If mailed, it must sent to ABC + full address.
(e) The charitable organization must mail a duplicate copy of the written notice of cancellation to the Office of the Attorney General at the address listed below:
Charities Bureau
Office of the Attorney General
The Capitol
Albany, NY 12224
(f) When cancellation is effective: If the notice of cancellation is hand-delivered, the cancellation is effective as soon as it is delivered to ABC. If the notice of cancellation is mailed, the cancellation is effective as soon as the notice is deposited, properly addressed and postage pre-paid, in a mailed box.
14. For the purposes of the State of North Carolina, the following shall apply:
XYZ shall receive a minimum of One percent (1%) of gross receipts. This shall not effect the compensation provision as listed in this Contract. All financial arrangements as stated in this Contract shall remain in effect and unchanged.
15. For the purposes of the State of Ohio, the following shall apply:
XYZ shall receive as a result of this solicitation campaign, One percent (1%) of gross revenue. This is an estimated percentage based on projected figures for average pledge amount, participation percentage and fulfillment percentage. While every project varies in results and yield, this assumption is based on industry standards. This shall not affect compensation provisions as listed elsewhere in the Contract _____. All financial arrangements as stated in this Contract dated _____ to _____, shall remain in effect and unchanged. XYZ is guaranteed to receive a percentage of the actual gross revenue that is not less than ninety percent (90%) of the amount of the reasonable estimate of that percentage.
16. For the purposes of the State of Oregon, the following shall apply:
(a) XYZ shall receive as a result of this solicitation campaign a minimum guarantee of One percent (1%) of gross funds solicited. All financial arrangements as stated in this Contract dated ____ to _____, shall remain in effect and unchanged.
(b) ABC projects $_____ in gross revenue to be raised from this campaign. ABC estimates expenses related to the campaign to be $_____. This shall not affect any of the other terms including compensation as set out in this Contract.
17. For the purposes of the Commonwealth of Pennsylvania, the following shall apply:
Guarantee to Client: XYZ shall receive as a result of this solicitation campaign, a minimum guarantee of One percent (1%) of gross revenue. This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in the contract dated _____ to _____, shall remain in effect and unchanged.
Percentage to Professional Solicitor. XYZ agrees that ABC shall be compensated pursuant to the terms of this Contract which is estimated to be ___ percent (___%) of gross revenue. This extimated percentage is based on projected figures for average pledge amount; participation percentage and fulfillment percentage. While every project varies in results and yield, this assumption is based on industry standards. This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in this Contract dated _____ to _____, shall remain in effect and unchanged.
Solicitation activity is to commence within the Commonwealth of Pennsylvania ten working days after the Solicitation Notice is received by the Department of State, Bureau of Charitable Organization and/or is approved by the Department of State Bureau of Charitable Solicitations.
Solicitation activity and the Contract will terminated on _____ within the Commonwealth of Pennsylvania.
XYZ purpose.
The address of Client is: XYZ full address.
18. For the purposes of State of South Carolina, the following shall apply:
XYZ shall receive a minimum of One percent (1%) of collected revenues under this Contract. This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in this Contracted dated _____ to _____ shall remain in effect and unchanged.
Location and Telephone number of phone room for this campaign.
ABC calling center, full address & phone
ABC calling center, full address & phone
ABC calling center, full address & phone.
Name and residence address of phone room managers:
List name and address
List name and address
List name and address
19. For the purposes of the State of Utah, the following shall apply:
XYZ shall receive as a result of this solicitation campaign One percent (1%) of gross revenue. This is an estimated percentage based on projected figures for average pledge amount participation percentage and fulfillment percentage. While every project varies in results and yield, this assumption is based on industry standards. This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in this Contracted dated _____ to _____, shall remain in effect and unchanged. The actual percentage going to XYZ shall not be less than the estimated percentage minus Ten percent (10%) of gross revenue.
20. For the purposes of the State of Vermont, the following shall apply:
Chapter 63 of Title 9 of the Vermont Statues Annotated requires a paid fundraiser to provide the fundraiser’s charitable sponsor, within sixty (60) days after the end of a solicitation campaign, with a statement setting out the name and address of each contributor and the amount of the contribution; the amount of gross receipts; and an itemized list of all expenses, commissions and other costs incurred in the campaign. The law also gives charities other rights, including the right to cancel this contract or to recover damages, or both, in certain circumstances. Contact the Vermont Attorney General for further information.
The percentages of contributions to be paid to XYZ and ABC as a result of this solicitation campaign is 5% and 95%, respectively, of gross revenue. While every project varies in result and yield, these estimated percentages are based on projected figures for average pledge amount, participation percentage, fulfillment percentage, industry standards and the experience of the parties during previous fundraising campaigns. This shall not affect compensation provisions as listed elsewhere in the contract dated _____ to _____.
21. For the purposes of the State of Wisconsin, the following shall apply:
XYZ shall receive as a result of this campaign One percent (1%) of gross revenue. This is an estimated percentage based on projected figures for average pledge amount participation percentage and fulfillment percentage. While every project varies in results and yield, this assumption is based on industry standards. This shall not affect compensation provisions as listed in this Contract dated _____ to _____. All financial arrangements as stated in this Contract dated _____ to _____, shall remain in effect and unchanged. The actual percentage going to XYZ shall not be less than the estimated percentage minus Ten percent (10%) of the gross revenue.
ACCEPTED BY:
PROFESSIONAL FUND RAISER DATE
CHARITY DATE
CHARITY DATE
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