This Fundraise Agreement and Release (“Agreement”) is entered into by and between the individual, as well as their agents and assigns, signing below (“Fundraiser”) and Guide Dogs for the Blind, Inc., a California public benefit non-profit corporation (“GDB” or “Organization”). This Agreement is effective immediately upon Fundraiser’s agreement to the terms herein.

RECITALS

A.         Individuals and groups have expressed interest in raising money on behalf of GDB through various fundraising activities.
B.         In order to permit individuals and groups to fundraise for GDB but avoid extra expense to the Organization by monitoring, planning or executing such fundraising activities, it has developed an online fundraising platform and created the framework for third party fundraising activities on its behalf.
C.         Any individual or group who is interested in fundraising in this manner will be required to sign this Agreement and abide by its terms and conditions.
D.         Guide Dogs for the Blind defines the types of fundraising activities contemplated in this Agreement as a Peer-to-Peer Do It Yourself Fundraising (DIY) activity by a third-party (defined as any group or individual (including volunteers, participants, and employees), where GDB has not directly or indirectly requested or engaged the person or group to fundraise and does not have direct responsibilities in the third-party’s fundraising activities.  A third-party is defined in this context as a non-affiliated group or individual, or an affiliated group or individual (such as volunteers, staff, donors) selecting to lead or participate in a fundraising activity through this platform.

AGREEMENT

Now therefore, in exchange for the opportunity to use the GDB name and other support, the Fundraiser and their agents and assigns hereby agree to the following terms.

ONLINE FUNDRAISING
I have freely chosen to use the Fundraising Page, and I will use it only for the purpose of raising funds for GDB, in a manner that follows GDB guidelines, is lawful and forthright, and in no way objectionable or detrimental to GDB.  I will use GDB's name only in connection with my Fundraising Page and only to identify GDB as the recipient of all the raised funds. I agree that funds that I raise will be paid directly to GDB by the donor through the Fundraising Page and that any offline donations will be sent to GDB within 30 days. I am responsible for my use of my Fundraising Page, for any information that I post on the Fundraising Page, and for obtaining any permissions or consents necessary to post information on my Fundraising Page, including names, photos, videos, and stories of any person.  I will not use the image of any third party not affiliated with myself or my fundraising group as part of my fundraising efforts. I agree that my name or image or information or that of any other person posted by me on my Fundraising Page will be publicly available and may be used by GDB in internal or external publicity or for future fundraising purposes, including sending email solicitations. I understand that GDB has the authority to intervene at any time regarding questions or concerns about my Fundraising Page and its activity, up to temporarily or permanently deactivating my Fundraising Page.

PROMOTION
The activity will be promoted and conducted in a manner to avoid the appearance of GDB endorsing any product, firm, organization, group, individual, or service. GDB reserves the right to decline association with any third-party when it believes that such association or DIY activity may have a negative effect on the reputation of GDB. When possible, all DIY Events should establish a timetable and action plan a minimum of three months before the activity. A GDB representative may provide guidance in the development of committee structure, marketing, and deadlines. Any use of the Guide Dogs for the Blind name and logo must be approved by GDB before promotion begins. The official name, Guide Dogs for the Blind should be appropriately used in conjunction with such an activity, and may not be altered in any way. In compliance with these guidelines, GDB requires full disclosure on all packaging, advertising, or promotional materials when funds are raised through a consumer purchase or promotion (e.g., $1 from the sale of each item). All DIY fundraisers must comply with this requirement, if applicable. Similarly, advertising, promotion, and associated materials must state that the proceeds of an activity will benefit GDB but should not imply or state that GDB is the host, sponsor, or endorser. Any sponsor of the activity should be clearly identified and the amount or percentage of proceeds to be provided to GDB as the beneficiary should be stated: (e.g., The Lions Club, Great Eats Restaurant, The Smith Family, is hosting X activity, "with 75% of proceeds benefiting the Guide Dogs for the Blind.") Any advertisements posted to the public must be reviewed and approved by GDB prior to posting. Promotional materials and/or advertisements cannot be purchased with GDB funds and are the responsibility of the organizer. Any other costs associated with sponsored activities are the responsibility of the organizer. GDB reserves the right to decline endorsement of an activity if other non-profit organizations are beneficiaries and/or involved in the activity without mutual compliance.

LIABILITY
The organizer and each associated Fundraiser assumes all risk for expenses and liabilities, and agrees to indemnify, defend and hold harmless GDB from any and all claims, obligations, or liabilities associated with the DIY activity. This includes personal injury, disability, death, illness, damage, loss, liability, or expense, of any kind, that Fundraiser, any person associated with Fundraiser, or their guest/participant/invitee, may experience or incur in connection with attendance at DIY events or participation in DIY fundraising for GDB (“Claims”). By signing below, Fundraiser hereby releases, covenants not to sue, discharges, and holds harmless GDB, its employees, agents, volunteers, participants, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Fundraiser understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of the GDB, its employees, agents, and representatives. Without limiting the foregoing, additional areas of liability are identified below:             

Waiver of Liability Regarding Costs and Expenses
GDB shall not be responsible, under any circumstance, for the promotion, set-up, pre-event, post-event efforts, costs/fees/wages, or operational issues associated with a DIY activity.             

Waiver of Liability Regarding Alcohol Service and Consumption
Should the Fundraiser or their associate choose to serve alcohol at a DIY event, to minimize risk, we recommend you do so via a "cash bar." In addition, the availability of alcohol should not be promoted. The responsibility of serving the alcohol to attendees and/or participants must remain with a third party (for ex. restaurant or facility staff etc.). Fundraisers must ensure all attendees show proof of age and signs should be posted to that effect.  Fundraisers must ensure guests/attendees are provided and reminded to take alternative means of transportation if they are consuming alcohol. The Fundraiser agrees to indemnify, defend, and hold harmless GDB for any liability associated with the serving of and consumption of alcohol at the DIY activity.            

Waiver of Liability Regarding Insurance Coverage
Local municipalities and property owners will often times require third-party organizers to provide evidence of insurance particularly when the activity involves a specific number of participants/attendees. Third-party organizers of DIY activities shall not rely on GDB’s insurance for the event. In some instances, organizers may become involved with various vendors in support of the activity. It is recommended that vendors provide evidence of insurance and include the organizer as additionally insured. We recommend organizers comply with insurance requirements as you assume ALL risk associated with the activity.             

Waiver of Liability Regarding Accidents/Injuries
The organizer and each associated Fundraiser assumes all risk for injuries, and agrees to indemnify, defend and hold harmless GDB from any and all claims, obligations, or liabilities associated with the DIY activity. To the extent that the DIY activity is physical in nature (such as fun-runs or sporting events), the third-party organizer shall require all participants to execute event waivers that specifically release GDB from all claims relating the participation in the DIY activity.             

Waiver of Liability Regarding Permits and Licenses
Fundraisers are also responsible for obtaining applicable permits and licensing in use of all public facilities and/or properties through the appropriate municipality. GDB has no responsibility for authorizing and/or obtaining applicable licenses and permits.             

Waiver of Liability Regarding Tax Payments
The Fundraiser and any associated group will be solely responsible for tax obligations associated with income generated and not donated to GDB, or with wages or other funds owed to third parties or those who assist in DIY fundraising.

ACCESSIBILITY
All DIY activities and communications should be accessible to all people with disabilities. The activity should take place at a location that meets ADA regulations. DIY organizers should promote and make arrangements for any special accommodation needs of participants, volunteers, and/or staff.

REVENUE GENERATION
All promotional materials must clearly state the percentage of proceeds and/or the portion of the ticket price that will benefit GDB. GDB should receive all fundraising proceeds within 30 business days of the conclusion of the activity and/or promotion.

RECORDS
GDB should receive a list of targeted sponsors for the activity, before they are approached, to minimize overlap with other campaigns or organizational business involvement. GDB reserves the right to inspect all activity financial records. GDB may request a list of all donors and sponsors who contributed cash and in-kind items to the activity. DIY organizers are responsible for tracking participants, sponsors, and volunteers and mailing appropriate materials as needed. 

TAX ISSUES
Guide Dogs for the Blind, Inc. is a charitable organization as defined under 501(c) (3) of the Internal Revenue Code. Any contribution to the GDB qualifies as a deduction under Section 170 of the Internal Revenue Code. Difficulty could arise when an independent, outside organization wishes to raise money for GDB. If the payments are made to this independent organization and it is not a qualified organization, the payments will not be deductible for income tax purposes. If donations are made online via the organizer’s fundraising page, or if the donations are made directly to GDB then such donations are tax deductible.