The Donation Liability Waiver is essential for organizations accepting donations in Canada, where both federal and provincial laws govern charitable giving and liability. This document serves as a critical risk management tool, protecting receiving organizations while facilitating the donation process. It addresses key aspects such as tax implications, liability limitations, and donor acknowledgments. The waiver is particularly important given the increasing complexity of donations, which can range from simple monetary contributions to complex property or service donations. Organizations should customize this document based on their specific provincial jurisdiction and the nature of donations they typically receive.
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1. Parties: Identifies the donor and the receiving organization, including their legal names, addresses, and capacity to enter into the agreement
2. Background: Explains the context of the donation and the purpose of the waiver
3. Definitions: Defines key terms used throughout the document, including 'Donation', 'Liability', 'Waiver', etc.
4. Nature of Donation: Describes the donation being made, whether monetary, property, or services
5. Waiver of Liability: Core section detailing the specific liabilities being waived and the extent of the waiver
6. Donor Acknowledgments: Donor's confirmation of understanding the waiver and voluntary nature of the donation
7. Organization's Obligations: Outlines any obligations or commitments of the receiving organization
8. Tax Implications: Statement regarding tax receipts and responsibilities
9. Governing Law: Specifies the applicable Canadian jurisdiction
10. Execution: Signature blocks and execution requirements
1. Specific Risk Acknowledgment: Used when donation involves specific known risks or hazardous materials
2. Intellectual Property Rights: Include when donation involves creative works, patents, or other IP
3. Intended Use of Donation: Add when donor specifies particular uses for the donation
4. Privacy and Confidentiality: Include when handling sensitive personal information or when donor requests anonymity
5. Return of Donations: Include when there's a possibility of returning donations under specific circumstances
6. Medical/Health Declarations: Used for donations of medical equipment or health-related items
7. Third Party Rights: Include when donation may affect or require third party approvals
1. Schedule A - Description of Donated Items: Detailed list and description of physical items being donated
2. Schedule B - Valuation Certificate: Professional valuation of donated items when required for tax purposes
3. Schedule C - Specific Conditions: Any specific conditions attached to the donation
4. Appendix 1 - Tax Receipt Requirements: Information required for tax receipting purposes
5. Appendix 2 - Handling Instructions: Special instructions for handling or maintaining donated items
Relevant legal definitions
Clauses
Relevant Industries
Non-Profit
Education
Healthcare
Arts and Culture
Religious
Social Services
Environmental
Research and Development
Community Services
Public Sector
Relevant Teams
Legal
Development
Donor Relations
Finance
Operations
Risk Management
Compliance
Administration
Fundraising
Gift Processing
Relevant Roles
Executive Director
Development Officer
Fundraising Manager
Legal Counsel
Compliance Officer
Donor Relations Manager
Gift Planning Officer
Risk Manager
Finance Director
Operations Manager
Program Director
Volunteer Coordinator
Grant Administrator
Chief Financial Officer
Administrative Director
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