Donation Acceptance, Distribution & Use Agreement
This Donation Acceptance, Distribution & Use Agreement ("Agreement") governs the acceptance, receipt, storage, distribution, and use of donated goods, materials, supplies, equipment, or other non-cash items ("Donated Goods") by Fertile Ground Incorporated, a Georgia nonprofit corporation ("Organization").
By submitting this form, you acknowledge that you have read, understand, and agree to be bound by this Agreement and that you are authorized to do so on behalf of yourself and/or the entity you represent.
1. Organizational Status
Fertile Ground Incorporated represents that it is a tax-exempt public charity described under Internal Revenue Code § 501(c)(3) and operates exclusively for charitable and community development purposes consistent with its mission.
2. Acceptance of Donated Goods
All Donated Goods are accepted "AS IS," with all faults, and without any express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
The Organization makes no representation regarding the condition, safety, or suitability of Donated Goods for any specific use.
3. Transfer of Title
Upon receipt, title to Donated Goods transfers to Fertile Ground Incorporated, subject to the terms of this Agreement. No goods, services, or other consideration shall be provided in exchange unless expressly agreed to in writing.
4. Storage, Handling & Transportation
The Organization is solely responsible for proper storage, handling, transportation, distribution, and disposal of Donated Goods in compliance with applicable laws, safety standards, and manufacturer guidelines.
5. Use of Donated Goods – Compliance Standard
Donated Goods shall be used, distributed, or administered in furtherance of Fertile Ground Incorporated's charitable mission and in accordance with:
- Applicable federal, state, and local laws
- Internal Revenue Code § 501(c)(3) requirements
- Any donor-imposed restrictions accepted in writing by the Organization
- Policies and procedures approved by the Organization's Board of Directors
The Organization shall exercise reasonable discretion and oversight to ensure Donated Goods are not used in a manner that results in private inurement, impermissible private benefit, or violation of applicable law.
6. Records & Reporting
The Organization shall maintain accurate records of receipt and use of Donated Goods for a minimum of four (4) years and make such records available as required by law or regulation.
7. Non-Discrimination Policy
The Organization adheres to all applicable federal, state, and local non-discrimination laws.
8. Indemnification & Limitation of Liability
To the fullest extent permitted by law, the Organization releases donors and partners from any claims arising from the condition, handling, or use of Donated Goods after receipt and agrees to indemnify such parties against claims resulting from the Organization's use or distribution of Donated Goods.
9. Media & Public Communications
Public acknowledgment of donors or partners shall occur only with prior consent or in accordance with standard nonprofit acknowledgment practices.
10. Governing Law
This Agreement shall be governed by the laws of the State of Georgia.
