Third Party Fundraising Liability Release Agreement - Stand Up To Cancer

Third Party Fundraising Liability Release Agreement

The undersigned represents and warrants that he/she (hereinafter referred to as “Applicant”) has submitted the Fundraising Proposal Form, is fully authorized to enter into this Agreement and agrees to be bound by all of the terms and conditions stated herein when conducting fundraising activities/events (“Third Party Events”) to benefit Stand Up To Cancer, a California nonprofit public benefit corporation recognized as a Section 501(c)(3) charitable organization (“SU2C”).

1. Financial. Applicant is solely responsible for the development and execution of the proposed Third Party Event and for any and all debts, costs or expenses relating to the proposed Third Party Event. Applicant acknowledges and agrees that it shall not obligate or bind SU2C in any manner whatsoever for any debt, cost or expense related to such Third Party Event. SU2C will not provide staff support for the proposed Third Party Event. Applicant will be responsible for recruiting staff or volunteers to produce and work the proposed Third Party Event.

2. Bank Account. Applicant will not open any bank accounts using SU2C’sname or Taxpayer Identification Number. Applicant agrees to forward any check donations listing SU2C as the “Payee” to SU2C for deposit in an SU2C bank account.

3. Deductibility. Only donations made directly to SU2C are tax deductible (to the extent permitted by US law). SU2C will only issue substantiation receipts for donations made directly to SU2C, such as checks made payable to SU2C or online gifts. For sake of clarity, SU2C will not issue substantiation receipts for purchases made at auction. Donations made directly to Applicant or a Third Party Event can be used to cover event expenses but they are not tax deductible.

4. Insurance and Licenses. Applicant is responsible for providing insurance as required by law or established business practice. Please note that SU2C’s insurance policy does not cover Third Party Events. Applicant is responsible for obtaining any necessary licenses, permits and clearances as required by local and state government and for complying with all applicable laws.

5. Liability and Indemnity. Applicant hereby fully releases and agrees to indemnify and hold harmless SU2C and its employees, officers, directors, volunteers, representatives, agents, contractors and licensees, together with their insurers, from and against any and all causes of actions, liabilities, claims, losses, charges, damages, costs or expenses, including reasonable attorney’s fees, arising out of or occasioned by any act or omission of Applicant or Third Party Event organizer, or their officers, partners, employees, agents, volunteers, contractors, licensees, guests, invitees, or attendees, in connection with the Third Party Event; or (b) any breach of any provision of this Third Party Fundraising Liability Release Agreement.

6. Event Safety. SU2C is not responsible for the safety of Third Party Event participants. It is the Applicant’s responsibility to ensure the safety of Third Party Event participants, especially minors. If the Third Party Event poses any potential risk to the health or safety of a participant, e.g., walkathon, marathon, triathlon, Applicant shall obtain a written and signed waiver of liability releasing SU2C from any claim for liability from each participant as a condition of participating in the Third Party Event.

7. Promotion. It is Applicant’s responsibility to promote the Third Party Event. SU2C has no obligation to promote or advertise the Third Party Event, and generally will not promote or advertise Third Party Events, except as mutually agreed upon. Applicant agrees to submit any and all promotional materials including, but not limited to, publicity, advertising and press releases, to SU2C for its approval before any such materials are published, distributed, disseminated or circulated in any manner. All promotions for the Third Party Event should make clear that the Third Party Event is hosted by Applicant and that SU2C is the beneficiary, and may not state or imply that SU2C is host or sponsor of the Third Party Event. For purposes of compliance with U.S. state fundraising regulations and Better Business Bureau disclosure requirements, all promotional material shall include: (a) the actual or anticipated portion of the sales, admission price or other proceeds that will benefit SU2C; (b) any maximum or minimum to be paid to SU2C, if applicable, and (c) the duration of any promotion.

8. Logo and Trademarks. All SU2C trademarks are proprietary and may not be used without the prior, written express permission of SU2C. Applicant shall not use SU2Cor any of SU2C’s projects’ or programs’ names, logos or marks (“Marks”), or otherwise indicate to the public that an activity/event is being held for the benefit of SU2C in any materials, without the express, written approval of SU2C. SU2C reserves the right to refuse or withdraw permission for the use of the Marks at any time. Applicant grants SU2C permission to use Applicant’s name and trademarks on SU2C’s promotional materials, provided that SU2C’s use of Applicant’s name or trademark does not constitute endorsement of Applicant or Applicant’s promotional activities. Applicant may not create SU2C merchandise or products bearing the Marks without SU2C’s prior written consent, and may not sell SU2C-branded merchandise in connection with any Third Party Event under any circumstance.

9. No Lotteries or Raffles. Lotteries, gambling, raffles or drawings are not permitted at Third Party Events under any circumstance. Auctions are not permitted at Third Party Events without SU2C’s prior written consent.

10. Annual Approval. Applicants planning annual events must obtain approval from SU2C each year.

11. No Endorsement. It is mutually understood that (a) SU2C is a tax-exempt entity under Section 501(c)(3) of the IRS and that nothing herein shall impose any obligations for SU2C that are unrelated to its charitable purpose or that would subject any payments made to SU2C under this Agreement to tax as income from a business activity unrelated to said charitable purpose, including but not limited to endorsing any commercial product or entity, and (b) all activities associated with promoting the Third Party Event shall make clear to the public that use of the Marks is by permission and does not constitute endorsement.
12. Event Cancellation Policy. Applicant must notify SU2C immediately if the Third Party Event is to be postponed or canceled.

13. Financial Summary Submissions. Within thirty (30) days of the Third Party Event, Applicant must submit to SU2C a detailed financial summary of the Third Party Event which shall include a list of all revenues received and a detailed breakdown of all expenses. Expenses should be documented by written receipts. A template financial summary report can be found in the SU2C Grassroots Fundraising Online Toolkit. If there is still more money to be collected from the Third Party Event, Applicant shall continue to provide SU2C with written updates on a monthly basis until all funds are received and accounted for. Applicant should retain all receipts for documentation purposes

14. Event Revenue Submission. Applicant agrees that it will deliver net proceeds raised from the Third Party Event to SU2C within thirty (30) days of the Third Party Event’s conclusion. Please make checks payable to Stand Up To Cancer and mail to Stand Up To Cancer, 10880 Wilshire Blvd, Suite 1400, Los Angeles, CA 90024. Please include the SU2C Grassroots Fundraising Check Donation Form provided in the SU2C Grassroots Fundraiser Online Toolkit with any checks.


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