Intermediary Agreements
Know the Basics
The purpose of an intermediary agreement is to define the working relationship between your organization and the intermediary. They are needed when an organization plans to work with an intermediary to have them carry on activities on your organizations behalf.
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Putting an official agreement in place can help protect the interests of both parties, and also provides framework for how the relationship will be managed, and how it can come to an end.
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Our charity lawyers have extensive experience in drafting intermediary agreements. If you need assistance with drafting your own intermediary agreement, or if you aren't sure on whether you need one, reach out! We can have a discussion about your particular situation and see if this would be the right answer for you.
Know the Basics
If your organization intends on hiring employees, you will want to prepare a comprehensive employment contract to establish the working relationship between employer and employee. Having this in place can help protect your organization, and also establishes a foundation for employee/employer expectations for the role.
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Employment contracts will lay the framework for the employees pay, time off, duration of employment, job role and responsibilities, as well as work hours. Aside from this, a well drafted employment contract can also give the employer more control over various aspects of the employees roles, and can include clauses that may make it easier to deal with disgruntled or departing employees.
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A basic employment contract can be drafted without legal assistance, however, it is important to note that there are a number of factors that could influence the legitimacy of your contract if it has not been properly drafted.
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If the employment contract includes poorly drafted clauses, they likely will not hold up in court if legal proceedings are ever required. Additionally, if your contract violates basic employment rights, it may not be legally enforceable.
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Having your employment contract drafted by an experienced charity lawyer that is familiar with your legislation is a wise decision. This contract can be used as a template for future employees, and may just need to be adjusted alongside any changes in legislation throughout operations.
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If you are looking for assistance in drafting an employment contract, or if you would like our lawyers to review your current contracts, contact us! We would be more than happy to discuss your situation and see how we can help.
Employment Contracts
Know the Basics
An independent contractor agreement is used to define a relationship between an independent contractor and their client(s). Whether you are an independent contractor yourself, or an organization looking to hire an independent contractor, this agreement will be vital to ensuring a smooth relationship.
The agreement itself specifies the financial aspects of the working relationship and the scope of project, while also setting out each party's obligations and liability exposure. An independent contractor agreement can also include clauses regarding confidentiality, indemnity, intellectual property rights, dispute resolution, and termination (among others).
Having a comprehensive independent contractor agreements that includes all the necessary clauses will provide clarification to both parties involved, and will reduce the chances for conflict down the road.
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If you require an independent contractor agreement, contact us today! Our lawyers can discuss your situation and prepare an agreement that will cover all your needs.
Know the Basics
Gift agreements play a key role in fundraising by clearly outlining the intended purpose of a donation and specifying how the funds can be allocated. By explicitly detailing the donor’s intentions along with our organization’s guidelines, these agreements help set clear expectations for both parties. A formalized gift agreement not only emphasizes our appreciation for the donor’s contribution but also underscores our responsibility in managing and safeguarding the funds.
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Such agreements are particularly necessary when a donor wishes to create a fund or designate a program, space, or facility. It is important for organizations to have a well-documented process for managing these agreements, which should include a thorough review procedure. This process should involve staff responsible for managing the fund (in the case of endowments), utilizing the donation, ensuring proper stewardship, and nurturing the donor relationship.
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Involving these staff members ensures the agreement is correct, aligns with organizational policies, and has been approved by leadership. This list is not exhaustive, as deferred gifts might require input from the planned giving team, and legal advisors should be involved in creating and approving the standard language used in policies and procedures.
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If you need a gift agreement prepared, contact us! We can help you prepare and agreement that will be suitable for both your organization and your donors.
Gift Agreements
Fundraising Agreements
Know the Basics
A fundraising agreement is an essential tool for any nonprofit organization or charity seeking to raise funds to support its cause. This formal document serves as a clear framework for the fundraising campaign, detailing the roles and responsibilities of each party involved. By establishing specific expectations and duties for both the organization and its fundraising partners, the agreement helps ensure that everyone is on the same page and working toward the same goals.
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The agreement outlines key aspects of the fundraising effort, including how the funds will be raised, who will be responsible for which tasks, and the timeline for completion. It also ensures that both parties are accountable for meeting their obligations and following through on any commitments made. This level of clarity helps avoid misunderstandings and ensures that the fundraising process runs smoothly, with each participant aware of their responsibilities and the expectations placed upon them.
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Furthermore, a well-drafted fundraising agreement can help protect the interests of all parties, ensuring that donations are used appropriately and that any legal or regulatory requirements are met. It can also include provisions for reporting, oversight, and transparency, which are critical for maintaining trust with donors and supporters. In short, a fundraising agreement is a vital tool for any nonprofit, as it provides structure, clarity, and accountability throughout the fundraising process.