Group Leader Terms and Conditions (“Agreement”)

You desire to participate in Fan Club Fundraising LLC (“FCF”) web and mobile donation services (“Fan Club Software”) as a Registered Group as a Group Leader, and in consideration of FCF permitting you to utilize the FCF Software on behalf of your Registered Group, you agree to be bound by the following terms and conditions:

  1. Definitions

    1. FCF Software - The fanclub.org website or affiliate’s website and any accompanying mobile Software.
    2. Registered Groups - Any for-profit and non-profit organizations utilizing the FCF Software or any affiliate’s software as a platform to facilitate fundraising activities and events.
    3. Fan Clubs - The FCF Software or any affiliate’s software as platform delivered on behalf of Registered Groups to help Group Leaders better manage and track fundraising activities, help equip Group Participants / Sellers and Parent Participants with additional resources to sell more fundraising products in less time, and to help better connect Donors with Registered Groups as well as offer direct tax-deductible and mobile text-to-give via carrier billing options.
    4. Group Leaders - Authorized representatives of one or more Registered Groups that have signed this Agreement and serve as the administrator of the Registered Group’s Fan Club.
    5. Group Participants / Sellers - Individuals of a Registered Group, including but not limited to students thirteen (13) years of age or older, parents of students under thirteen (13) years of age, members, affiliates, and employees, that use the FCF Software to promote and sell fundraising products and request online and mobile donations for the Registered Group.
    6. Parent Participant - Parent of Group Participant / Sellers using the FCF Software to promote and sell fundraising products and request online donations.
    7. Fans - Users who register with FCF and join one or more FCF Registered Groups.
    8. Donors - Users that purchase fundraising products in support of one or more Registered Groups or make online contributions and donations with a credit card through the FCF Software or mobile contributions with the provided text-to-give phone number and mobile giving short code.
    9. User - Any Fan, Donor, Group Leader, Group Participant /Seller or any other individual that downloads the FCF Software or otherwise registers to join FCF.
    10. Tax Deductible Donation - Any direct donation through the FCF website or mobile application made to a 501(c)(3) Registered Group. In order to be a FCF 501(c)(3) Registered Group, the Registered Group must provide FCF with the Registered Group’s 501(c)(3) Exemption Letter received from the Internal Revenue Service.
    11. Donor Advised Fund - The mGive Foundation (TMF), a 501(c)3 Foundation for Payment Service including reconciliation, reporting and disbursements of funds to “Fan Club” entities.
  2. Services Provided

    Fan Club provides its Registered Groups with a platform to develop and better manage fundraising events and activities through web and mobile services, i.e. the Fan Club Software. Fan Club Fundraising LLC (“FCF”) is neither a professional solicitor nor a professional fundraising counsel. FCF is a vendor of products to both for profit and non-profit organizations. Fan Club receives a flat fee for the administrative services provided herein and does not extract a percentage of any donation received by a Registered Group. Fan Club does not provide any counseling or consulting services to Registered Groups seeking instruction on how to raise funds.

  3. General Terms and Eligibility

    Because FCF does not engage in any solicitation activities on behalf of Registered Groups, Group Leaders are solely responsible for such action. As an approved Group Leader, access to the Fan Club Software will allow you to function as the Fan Club Administrator for the Registered Group you serve. Group Leaders are able to establish fundraising events, order fundraising products, track fundraising sales, download fundraising reports, communication with Group Participants, Parent Participants, Fans, Donors and other Users.

    By accepting these terms to become a Group Leader, Group Leaders represent and agree that:

    1. Group Leaders have the authority to represent the Registered Group
    2. Group Leaders shall provide true, accurate, and complete information through the FCF Software;
    3. Group Leaders are solely liable and responsible for all actions taken as a User of FCF Software;
    4. If Group Leader opts to receive funds by check and the check must be re-issued for any reason (e.g. lost in the mail), $35 will be deducted from the total check amount. If the check amount is less than $35, insufficient to cover the $35 fee, then the Group Leader must provide FCF with ACH information for the deposit.
    5. Group Leaders are either an employee or volunteer of the Registered Group, and are not an independent contractor receiving any form of compensation for assisting in fundraising activities conducted on the FCF Software;
    6. Group Leaders do not have the authority to act on behalf of, speak on behalf of, or obligate FCF in any manner, except to use authorized FCF Software functions, products, and services to raise funds;
    7. Group Leaders agree and acknowledge that Group Leaders are solely responsible for conducting any fundraising activities and that FCF nor any of its affiliates will have no involvement in assisting with fundraising or compensating you for any such events/activities;
    8. Group Leaders agree that any fundraiser event or service they promote will be in accordance with these Terms;
    9. Group Leaders agree not to sell any goods or services, including raffles or sweepstakes in exchange for donations;
    10. Group Leaders agree that it is the Group Leader’s sole responsibility to ensure that all contributions and donations made to a Registered Group are used in accordance with the description posted on the FCF Software;
    11. Group Leaders agree to not advertise, host or have your Registered Group participate in any raffles, sweepstakes or other games of chance using Fan Club Software;
    12. Group Leaders are solely responsible for any tax implications resulting from contributions received via the Fan Club Software;
    13. By creating a Fan Club for your Group you may in your sole discretion choose to organize fundraiser events and activities, such as silent auctions, road races, bike-a-thons, etc. (referred to as “Events”). You agree that FCF, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither FCF, nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring or organization of such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Group, unless you have the Group’s express permission to do so.
    14. You agree and acknowledge that your Registered Group has the legal authority to conduct fundraising activities, has full responsibility and assumes all risks in conducting fundraising activities and soliciting participation, and will indemnify and protect FCF and Affiliates against any governmental or regulatory action against FCF based upon your Registered Group’s action or inaction related to FCF Software as described in Section 5 (“Miscellaneous”) below.
    15. Group Leaders shall not promote or allow the use of FCF Software to children under thirteen (13) years of age and should instead direct parents of children under the age of thirteen (13) years of age to register on their behalf.
  4. Addendums

    The terms of this Agreement shall govern the continuing business relationship between the parties, unless the parties sign an Addendum. The specific terms of any Addendum shall supersede the terms of this Agreement if there is a conflict between the terms of this Addendum and the Agreement.

  5. Miscellaneous

    Any claim asserted against or made by a Registered Group, Group Participant, corporate partner, or any governmental or regulatory agency to the Registered Group shall be immediately reported in writing to FCF. Failure to promptly notify FCF of a claim shall be an event of default by the Registered Group or Group Leader and FCF may, in its sole discretion, elect to immediately terminate any and/or all access of the Registered Group, Group Leader, Participant / Seller, Parent Participant, or Donor to the provided Fan Club offered by the FCF Software.

    IT IS EXPRESSLY UNDERSTOOD BETWEEN THE PARTIES THAT FCF DISCLAIMS ANY LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM ANY COMMUNICATION OF INFORMATION BY FCF CONCERNING THE FAN CLUB SOFTWARE PRODUCTS, SERVICES OR DISCOUNTS BEING OFFERED BY THE PARTICIPATING VENDOR TO MEMBERS AND/OR CORPORATE PARTNERS.

    Registered Group and FCF shall be responsible for any and all injury and claims, losses, injuries, or damages (“Damages”) resulting from (i) the willful misconduct or negligent acts of such party or its employees and agents involving any equipment or service provided in the performance of this Agreement, or (ii) its breach of this Agreement or the representations or covenants herein. Only if permitted by applicable law, and without waiving any sovereign immunity to which the party is entitled to claim, each party agrees to indemnify the other party and its governing board, officers, agents, employees, and successors (collectively, “Representatives”), for and from any and all Damages, to the extent caused by (x) such indemnifying party or the willful misconduct or negligent acts or omissions of such indemnifying party’s employees or agents related to the performance of any duties or obligations under this Agreement, or (y) the indemnifying party’s breach of this Agreement or its representations or covenants herein. The party seeking indemnification shall notify the indemnifying party, as soon as reasonably possible, of the filing of any such claim, shall provide the indemnifying party full cooperation in the defense of any such claim, and shall afford the indemnifying party full control over the defense and settlement of any such claim.

    Only if permitted by applicable law, and without waiving any sovereign immunity to which Registered Group is entitled to claim, Registered Group agrees to indemnify FCF and its Representatives, for and from any and all Damages, to the extent caused by the willful misconduct or negligent acts or omissions of the Registered Group or its’ employees or agents related to the fundraising program and activities, Registered Group’s use of the FCF Software, and Registered Group’s use of the donations.

    The parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the parties arising out of or relating to the Registered Group’s involvement with FCF or FCF Software, excluding any nonpayment by the Registered Group to FCF, shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act (“FAA”).

    This Agreement is governed by the laws of the Registered Group’s state of organization, without regard to its principles of conflict of laws.

    Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

    The language of these terms and conditions shall be construed as a whole according to its fair meaning and not strictly for or against either party. Each party specifically waives the application of the common law doctrine that agreements are to be construed against the party who drafted the agreement.

    THE REGISTERED GROUP HAS HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND AGREES TO THE TERMS SET OUT HEREIN FREELY, VOLUNTARILY, AND WITHOUT COERCION.

    All Group Leaders agree to abide by the terms herein as well as any and all terms set forth in the User Terms, applicable to each and every Fan Club Software User, available for review at fanclub.org/terms/user.