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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
063
:
CONSUMER PROTECTION
Subchapter
002
:
CHARITABLE SOLICITATIONS
§
2472. Contracts between paid fundraisers and charitable organizations
(a) Prior to
soliciting in this State, a paid fundraiser shall enter into a written contract
with the charitable organization on whose behalf solicitations are to be made.
The contract shall contain the following:
(1) A minimum
percentage of the gross receipts of the fundraising campaign to be paid to the
charitable organization.
(2) An itemized
description of all expenses, commissions, and other amounts that are to be
deducted from the receipts of the fundraising campaign, how they are to be
calculated, and to whom they are to be paid.
(3) An
authorized signature of the charitable organization indicating approval of the
terms of the contract.
(4) The
following statement in immediate proximity to the signature of the charitable
organization, in a minimum size of 10 points:
Chapter 63 of
this title requires a paid fundraiser to provide the fundraiser's charitable
sponsor, within 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 the 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.
(5) A provision
that prohibits the paid fundraiser from restricting in any way the use by the
charitable organization of the list of donors to the campaign.
(b) Prior to
commencing a solicitation, a paid fundraiser shall:
(1) Provide to
the charitable organization on whose behalf solicitations are to be made, the
wording to be used by the paid fundraiser when conducting written solicitations
and a copy of any script to be used in conducting telephone or in-person
solicitation.
(2) Obtain
written approval from the charitable organization for the use of such wording
and script.
(c) A charitable
organization may rescind any contract with a paid fundraiser and have all
contributions in the possession of the paid fundraiser returned to the
contributors if the contract or the paid fundraiser does not comply with this
subchapter.
(d) Upon application
for State funds received through a grant or contract, a charitable organization
shall disclose:
(1) the actual
percentage of gross receipts of any fundraising campaign paid to the charitable
organization within the two previous fiscal years; and
(2) the minimum
contracted percentage of gross receipts to be paid by a paid fundraiser to the
charitable organization in any current or known future fundraising campaign.
(Added 1989, No. 232 (Adj. Sess.), § 2; amended 2003, No. 51, § 2.)