Production- / Acquisition-Restricted Fund Agreement
A donor agreement for gifts restricted to a specific artistic purpose — underwriting a production, commissioning a new work, funding an exhibition, or acquiring an object — documented precisely so it can be honored.
Draft: pending review
This starter document is signed off by Arts nonprofit counsel (restricted gifts/UPMIFA + IP) + CFRE before it ships. The guardrails below define that review.
What’s inside
- Statement-of-restriction (specific production/commission/exhibition/acquisition) with scope and timeline
- Fund administration, spending, and reporting-to-donor terms
- Variance/change-of-purpose ('gift-over') clause for when the purpose becomes impossible
- Commissioning terms: rights, ownership, and premiere/credit obligations for new works
Legal & ethical guardrails
The sector-specific compliance points this document must honor.
- Donor-restricted funds are enforceable under UPMIFA and charitable-trust law; spending them on other purposes is a breach
- Always include a variance/redirection clause so a cancelled production or unavailable acquisition doesn't strand the funds
- Track and report restricted funds separately (net-asset classification with donor restrictions)
- For commissions, clarify copyright, ownership, performance rights, and credit up front
Held for professional review.
The native DOCX and full working text ship only after sign-off by Arts nonprofit counsel (restricted gifts/UPMIFA + IP) + CFRE on this exact version. The summary and review requirements remain visible in the meantime.
Not legal advice. Not legal, tax, or accounting advice. The Fundraising Co. provides educational fundraising materials and is not a law firm; nothing here creates an attorney–client relationship or substitutes for advice from professionals licensed in your jurisdiction. Laws and IRS rules vary by state and change over time. Review every document with qualified counsel before use.