Below are the terms you are agreeing to (this is also in the contract that you signed):
This Agreement Regarding Hands in Service, Inc. donated goods (this “Agreement”), effective as of ______ 20__, is entered into by and between Hands In Service, Inc., a non-profit organization, and _______________________, a _______________ (“Recipient Organization”). Redistribution Partner and Recipient Organization may each be referred to herein as a “Party” and together as the “Parties”.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Recipient Organization acknowledges that it may receive donations from Redistribution Partner of certain items that were first donated to Hands in Service, Inc., a Pennsylvania based non-profit organization (“Hands in Service, Inc.”), and, in turn, donated to Redistribution Partner (“Donated Goods”) and that Hands in Service, Inc. has required that Redistribution Partner obtain the assurances and agreements from Recipient Organization set forth in this Agreement.
Recipient Organization shall:
The Parties agree that any and all actions brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction located in the State of Pennsylvania. This Agreement will be governed by and construed according to the laws of the State of Pennsylvania without consideration of any conflicts of laws principles. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, executors or administrators, beneficiaries, personal or legal representatives, successors and assigns. This Agreement does not confer and shall not be deemed to confer or create any rights in and for third parties (other than Hands in Service, Inc.). This Agreement sets forth all of the promises, agreements, and understandings of the Parties with respect to the matters described herein, and there are no promises, agreements, or understandings, oral or written, express or implied, between them with respect to such matters other than as set forth herein. Any and all prior promises, agreements, and understandings among the Parties with respect to the matters described herein are hereby revoked. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. This Agreement shall not be modified or amended except by further writing signed by both Parties. The headings or other captions contained in this Agreement are for convenience of reference only and shall not be used in interpreting, construing, or enforcing any of the provisions of this Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Recipient Organization acknowledges that it may receive donations from Redistribution Partner of certain items that were first donated to Hands in Service, Inc., a Pennsylvania based non-profit organization (“Hands in Service, Inc.”), and, in turn, donated to Redistribution Partner (“Donated Goods”) and that Hands in Service, Inc. has required that Redistribution Partner obtain the assurances and agreements from Recipient Organization set forth in this Agreement.
Recipient Organization shall:
- Become a Hands in Service, Inc. member, in accordance with Hands in Service, Inc.’s membership requirements, including agreement to the Hands in Service, Inc. Master Donation Acceptance Agreement provided by Hands in Service, Inc.;
- Inform Redistribution Partner if Recipient Organization is no longer a Hands in Service, Inc. member;
- Use the donated goods for the care of the ill, needy or infants in a manner that alleviates or cures an existing illness, alleviates or satisfies an existing need, or performs parental functions and provides for needs of infants, in each case, as set forth in the IRC regulations and in compliance with IRC § 170(e)(3) and paragraphs (b)(2) and (b)(3) of Internal Revenue Code (IRC) regulations § 1.170-4A;
- Provide to Redistribution Partner information regarding Recipient Organization’s use of all Donated Goods received by Recipient Organization; and
- To the extent required by IRC regulation 1.170A-4A(b)(4), provide to Redistribution Partner acknowledgments of receipt of Donated Goods that include all required information.
The Parties agree that any and all actions brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction located in the State of Pennsylvania. This Agreement will be governed by and construed according to the laws of the State of Pennsylvania without consideration of any conflicts of laws principles. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, executors or administrators, beneficiaries, personal or legal representatives, successors and assigns. This Agreement does not confer and shall not be deemed to confer or create any rights in and for third parties (other than Hands in Service, Inc.). This Agreement sets forth all of the promises, agreements, and understandings of the Parties with respect to the matters described herein, and there are no promises, agreements, or understandings, oral or written, express or implied, between them with respect to such matters other than as set forth herein. Any and all prior promises, agreements, and understandings among the Parties with respect to the matters described herein are hereby revoked. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. This Agreement shall not be modified or amended except by further writing signed by both Parties. The headings or other captions contained in this Agreement are for convenience of reference only and shall not be used in interpreting, construing, or enforcing any of the provisions of this Agreement.
In summary:
- Your organization may use donated goods only as direct charitable donations to people in need.
- Your organization must not sell, trade, barter, or otherwise transfer any donated good in exchange for money, property or services. Prohibited transfers include listing the donated goods for sale or trade on websites, in stores, at flea markets, or in any similar manner.
- Your organization must not use donated goods for raffles, auctions, or any fundraising activity.
- Your organization must not accept anything of value (including voluntary donations) in exchange for the donated goods.
- Your organization must not give any donated goods to its volunteers, officers, directors, employees, or contractors for personal use.
- Your organization must not return any donated goods to the manufacturer or to any retail store. Your organization must not give donations to another nonprofit organization or other entity.
- Hands in Service holds the right to audit any organization at any time and may request additional information regarding use of products.