Gain a better understanding of the key nonprofit contract provisions to help identify, mitigate and eliminate risks.
Perceived financial costs and related time constraints cause many nonprofits to enter into contracts while foregoing legal assistance and review. This approach can lead to serious risk exposures and lost opportunities for the organization. This topic can help the persons responsible for contract oversight to understand what key provisions mean, and how to negotiate them successfully on behalf of your organization.
The content also explains how contracts fit into the overall risk architecture of the nonprofit organization, and what checks might need to be performed on key issues outside the four corners of the agreement. Failing to have a proper contract review process can lead to negotiation oversights and regulatory errors that could cost many thousands of dollars to remediate. This topic is critical for nonprofit personnel to identify, mitigate, and eliminate these risks.
- You will be able to discuss with your nonprofit client key contract terms and find solutions that meet your client's particular needs.
- You will be able to explain the differences between key terms such as indemnification clauses and hold harmless clauses and why they matter.
- You will be able to identify key contract provisions and how they affect the business risk profile of the contract.
- You will be able to review contracts in a way that will allow you to focus on key legal concepts that could help or harm your client.
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Basic Contract Principles
- Types of Contracts
- Offer, Acceptance, and Consideration
- Representations and Warranties
- Termination Rights
- Limitation of Liability (Waivers and Releases)
- The Miscellaneous Stuff - Force Majeure, Governing Law, Entire Agreement
Intersection With Other Governing Documents, Policies, and Procedures
- Articles and Bylaws
- Other Agreements
- Insurance Coverage and Risk
- Contracts Where Directors Have a Financial Interest
- Sovereign Immunity
- Charitable Solicitation Agreements
- Endowment Agreements
- Employment Agreements, Terminations, and Releases
Mr Peter H. Schwartz, Esq,
Davis Graham & Stubbs LLP
- Partner in the office of Davis Graham & Stubbs LLP
- Practice emphasizes all aspects of corporate nonprofit law and related corporate governance and contract matters
- Conducts regular seminars and workshops on nonprofit law; chair, Nonprofit Legal Audit Clinic (2016 – 2018)
- Wrote several publications related to the areas of nonprofit organizations; lead author, Liability and Risk Management for Nonprofit Organizations in CBA/CLE A Guide for nonprofit organizations (Colorado Bar Association, published 2006, as supplemented from time to time); workgroup leader for governance section of Colorado Nonprofit Association Principles & Practices for Nonprofit Excellence (3rd Ed.)
- Past chairman of the Board of Directors, Colfax Marathon (2018 – present; Chairman, 2016-2018, Board Member, 2013-present); Chairman of the Colorado Lawyers Committee (2018 – present; Secretary (2016 – 2018); Executive Committee Member, 2013 – present); member, Colorado Nonprofit Association and admitted in Colorado, New York, Washington DC, and Washington
- The Best Lawyers in America®; Colorado Super Lawyer and Law Week Colorado’s Barrister’s Best 2016 as the People’s Choice Lawyer for nonprofit law
- J.D. degree, Columbia University; M.S.R.E. degree, Massachusetts Institute of Technology; M.C.P. degree, Massachusetts Institute of Technology; B.A. degree, magna cum laude, Princeton University
- Can be contacted at 303-892-7381 or email@example.com