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A gift agreement documents a gift has been made by the donor to a charitable organization and is legally enforceable. A pledge agreement records a commitment by a donor to make a gift at a future time.
By definition, conditional promises to give are donor promises to contribute assets to an organization, assuming a specified future or uncertain event occurs. A condition is not the same as donor-imposed restrictions, but should be considered as a barrier that must be overcome to be considered a contribution.
A charitable pledge is enforceable if it is a legally binding contract. A legally binding contract exists when there is agreement between the parties and there has been consideration given in exchange for the pledge. These are known as the three essential elements of a contract.
Goals of your written gift agreementa donation subject to restrictions that allow the donor control over the future use of the donation.a donation to be held, invested or disbursed pursuant to certain agreed-upon terms.a donation that will result in naming a property or project after the donor.
A donation agreement will include the names of the parties, a description of the donation, whether a receipt that was given, and possibly the intended use for the donation. The agreement should also include a revocability (whether the donation can be taken back) section and define expense responsibility.