Heart & Hustle Fundraising · Privacy policy
Last updated: May 5, 2026. This page is the published Fundraising Services Agreement of Heart and Hustle Fundraising LLC (the "Company"). It serves as the terms of service for use of our platform and program. Document version 10. Approved organizations also execute a signed copy with a W-9 for payouts. Organization and participant data practices are in our separate Privacy policy. Donor-facing policies are published at Donor privacy policy and Donor terms. Participant SMS disclosures (opt-in, frequency, STOP/HELP): SMS reminders.
FUNDRAISING SERVICES AGREEMENT
This Fundraising Services Agreement ("Agreement") is entered into by and between Heart and Hustle Fundraising LLC ("Company") and the undersigned organization, school, team, booster club, or affiliated representative ("Organization").
By signing below or accessing the Company's platform, the Organization agrees to the following terms:
Company provides a digital fundraising platform that enables organizations, teams, and participants to conduct fundraising campaigns. Organization desires to use the platform for such purposes.
Company operates as a registered Professional Fund Raiser with the Illinois Attorney General's Office, registration number 02001507, and conducts fundraising activities in compliance with the Illinois Solicitation for Charity Act (225 ILCS 460).
Subject to Company approval prior to participation:
The following are not permitted to use the platform:
Organization represents that it meets the above requirements. Company reserves the right to request documentation, approve or deny participation, and terminate access if misrepresentation is discovered.
A 90/10 revenue split applies:
Payment processing fees shall be the sole responsibility of Company and will be paid from Company's 10% service fee. The Organization's 90% share shall not be reduced by such fees.
Organization, through its designated Organizer ("Organizer")—the coach, program sponsor, or lead fundraising representative the Organization authorizes to request and manage campaigns for the team, club, or activity—is solely responsible for:
Company does not control or manage fundraising campaigns.
Organization agrees to:
Organization assumes full responsibility for all participant actions. Organization is solely responsible for the lawful collection, use, and sharing of participant and Organization information in connection with its programs, except as otherwise expressly handled by Company as described in this Agreement and the Privacy policy.
Company may provide preset messaging templates.
Organization acknowledges that:
Organization is solely responsible for all communications sent by participants using the platform, including obtaining any legally required consent before sending SMS or other messages to contacts, and for compliance with the Telephone Consumer Protection Act (TCPA), state telemarketing and privacy laws, and other applicable communication laws. Company provides tools and templates only; Organization and participants remain solely responsible for how those tools are used.
Separately, the Service may send optional, consent-based automated fundraiser reminder SMS to users who opt in as described in the Service's SMS disclosures (including the publicly posted SMS reminders page). Those messages are operational reminders tied to an active campaign—not substitute for Organization's own compliance obligations for participant-originated outreach.
Following the close of a campaign (or other agreed payout trigger), Company will initiate disbursement of Organization's share of net proceeds within three (3) business days after all applicable donation amounts have cleared through Stripe's payment processing (i.e., settled and available for payout under Stripe's rules and timelines). Bank settlement, weekends, holidays, account verification, chargebacks, or other events outside Company's control may affect when funds are received by Organization, but Company will use commercially reasonable efforts to meet the foregoing initiation standard.
Organization is responsible for disputes, claims, or chargebacks arising from or related to its campaign, participants, or third-party contributors to the extent not solely caused by Company's gross negligence or willful misconduct. Company may withhold, offset, or recover amounts from Organization's share (or pursue reimbursement) for chargebacks, refunds, reversals, fees, or suspected fraudulent or unauthorized transactions. Donations that are disputed, charged back, flagged as fraudulent, or under review must fully clear or resolve before the related amounts are treated as available for payout. Company may delay or withhold payouts pending investigation of fraud, compliance concerns, or payment-processor holds.
Organization is solely responsible for:
Company facilitates campaign payment processing through Stripe, Inc. and maintains transaction records required for financial operations, reconciliation, fraud prevention, dispute handling, legal compliance, and payout administration.
Organization is responsible for its own accounting and financial reporting obligations for campaign funds and for maintaining any records required under applicable school, district, nonprofit, or governmental rules.
Third-party contributor legal disclosures, including tax-deductibility notices, are published on dedicated contributor landing pages and incorporated into contributor interactions at checkout.
The publicly posted Privacy policy for Heart & Hustle Fundraising is incorporated by reference into this Agreement. If there is a conflict between this Section and the Privacy policy as to data practices, the Privacy policy controls as to privacy matters; this Agreement controls as to commercial and program terms.
Company does not sell personal data.
Data is used only for:
Company shares personal data with service providers (including, without limitation, payment processors such as Stripe, hosting, authentication, and messaging vendors) only as needed to operate the platform and as described in the Privacy policy. Company retains only data necessary to meet legal and financial obligations.
The platform may involve minors. Organization represents that it will comply with applicable laws regarding participation of minors in fundraising and the collection of personal information, including when parental or guardian consent is required.
Optional fundraiser reminder SMS to participants—consent, frequency, opt-out (STOP), and related disclosures—is described on our publicly posted SMS reminders page.
To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
Except for claims arising from Company's gross negligence or willful misconduct, Company's aggregate liability arising out of or relating to this Agreement or the Service shall not exceed the aggregate service fees actually retained by Company from donations processed for Organization's campaigns during the twelve (12) months immediately preceding the event giving rise to the claim. If no such fees were retained in that period, this cap shall be zero except where a greater limitation is prohibited by applicable law.
Company shall not be liable for:
Company's liability is otherwise strictly limited to issues directly related to the technical functionality of the platform, subject to the cap above.
At Company's request, Organization agrees to defend, indemnify, and hold harmless Company, its parent and affiliated entities, and all of their respective officers, directors, managers, members, shareholders, employees, contractors, agents, licensors, successors, and assigns (collectively, the Indemnified Parties) from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and litigation/arbitration costs) arising out of or relating to:
Organization may not settle any indemnified matter, admit fault on behalf of any Indemnified Party, or create obligations for any Indemnified Party without Company's prior written consent. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification, and Organization agrees to cooperate fully in that defense.
These indemnification obligations are in addition to any other rights or remedies available to Company and survive suspension or termination of this Agreement.
This Agreement is effective upon acceptance and continues through the fundraiser period. Either party may terminate this Agreement at any time. Company may immediately terminate for:
If a campaign ends early—whether because Organization or Company terminates or for any other reason—the 90/10 split described in Section 3 continues to apply to funds that have cleared and are not subject to chargeback, hold, or offset under Section 7. Company may delay or adjust payout as permitted in Section 7 for fraud, chargebacks, investigations, or compliance issues.
Funds raised prior to termination will be distributed in accordance with this Agreement, subject to the foregoing.
Organization and its Organizer(s) are responsible for maintaining the confidentiality of login credentials and for all activities that occur under Organization's accounts. Company is not liable for loss or damage arising from unauthorized access due to compromised credentials, sharing of passwords, or failure to secure devices. Organization must notify Company promptly of any suspected unauthorized use of an account or security breach.
The Service is provided on an "as is" and "as available" basis. Company does not guarantee uninterrupted, error-free, or secure operation; the Service may experience downtime, bugs, delays, or data loss. To the fullest extent permitted by law, Company disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written advice from Company creates any warranty not expressly stated in this Agreement.
Company is an independent contractor and is not an employee, agent, or partner of Organization.
This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Binding arbitration. Except for claims that may be brought in small claims court where jurisdiction and amount requirements are met, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The Federal Arbitration Act applies. The seat of arbitration shall be Kankakee County, Illinois.
Class action waiver. Organization and Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Jury trial waiver. To the fullest extent permitted by law, the parties waive any right to a jury trial in any action or proceeding arising out of or relating to this Agreement.
Fees. Each party shall bear its own attorneys' fees and costs in connection with any dispute, unless the arbitrator awards fees to the prevailing party as permitted under applicable rules and law.
Judgment on the arbitration award may be entered in any court of competent jurisdiction. Venue for any court proceeding permitted under this Section (including to confirm an award) shall be Kankakee County, Illinois, unless otherwise required by law.
Neither party is liable for delay or failure to perform (except for payment of money when funds are available) due to events beyond that party's reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, acts of government or regulatory authority, labor disputes, power, telecommunications, or internet failures not caused by the party, or other similar causes, provided the affected party uses commercially reasonable efforts to resume performance. If such a condition continues for more than thirty (30) days, either party may terminate the program relationship upon written notice, subject to Section 12 regarding distribution of funds already raised.
Organization consents to receive from Company, at the contact points Organization provides (including email addresses and, where applicable, phone numbers for SMS), electronic communications including: (a) service, account, and security notices; (b) donation and payment-related receipts and confirmations, including those delivered by or through our payment processor (e.g. Stripe); (c) campaign, program, and platform updates; and (d) operational messages related to active or recent fundraisers, consistent with our publicly posted terms and privacy practices. Where users have opted in as disclosed on the Service, Company may also send consent-based fundraiser reminder SMS through its messaging vendors. Organization is responsible for keeping contact information accurate. Organization agrees that (i) this Agreement and related documents may be accepted and signed electronically where offered, and (ii) electronic records and notices satisfy any legal requirement that communications be in writing, to the extent permitted by applicable law.
Company retains all right, title, and interest in and to the platform, software, user interface, documentation, trade names, logos, and other materials made available to Organization (the "Company IP"), subject only to the limited right for Organization, Organizer, and participants to use the Service for approved program fundraising as permitted by this Agreement. Organization shall not, and shall not permit others to, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service; copy, frame, or mirror the Service except as needed for normal use; scrape or use automated means to access the Service beyond what we expressly allow; remove proprietary notices; or use knowledge of the Service to develop or assist in developing a competing product or service.
If Organization or its representatives provide Company with any feedback, suggestions, ideas, or know-how about the Service (collectively, "Feedback"), Organization grants Company a royalty-free, perpetual, irrevocable, worldwide license to use, disclose, and incorporate that Feedback in Company's products and services without obligation or compensation to Organization. Organization represents it has the right to grant this license. To the extent Feedback includes anything assignable, Organization assigns all right, title, and interest in such Feedback to Company.
If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force and effect.
To complete enrollment, the Organization will provide the information and signatures (including a W-9 and this Agreement as applicable) required by Company.
Questions: support@hearthustlefund.com. Privacy: privacy@hearthustlefund.com.