Gift Acceptance Policy
MiracleFeet solicits and accepts gifts for purposes that will help fulfill its mission of increasing access to treatment for children born with clubfoot in developing countries. MiracleFeet urges all prospective individual and institutional donors to seek the assistance of legal and financial advisors in matters relating to their gifts, including possible tax and estate planning consequences. The following policies and guidelines govern acceptance of gifts made to MiracleFeet for the benefit of its operations, programs or services.
All gifts to MiracleFeet must be in accordance with the overall mission of the organization; its policies and directives; and comply with national laws and regulations. The Executive Director and/or the Director of Fundraising will review all gifts, and those that appear not to fall into the Gifts Generally Accepted Without Review category as described below will be reviewed by the Board of Directors.
Gift Acceptance Review Procedure
MiracleFeet has developed this Gift Acceptance Policy to ensure that any accepted gifts will allow MiracleFeet to maintain its integrity, impartiality, as well as the appearance of impartiality, and to maintain public confidence in the organization. When considering whether to accept a gift, MiracleFeet will consider the following factors as part of its review process for funding:
- Values: whether the acceptance of the gift compromises any of the core values of MiracleFeet
- Compatibility: whether there is compatibility between the intent of the donor and MiracleFeet’s use of the gift
- Commitment: the donor must demonstrate a commitment to effectively treating clubfoot on a global basis
- Credibility: whether acceptance of the gift damages the reputation of MiracleFeet
- Appropriateness: whether the donor and the gift are appropriate given their connections/giving history
- Primary benefit: whether the primary benefit is to further MiracleFeet’s mission
- Effect on future giving: will the gift encourage or discourage future gifts?
MiracleFeet, by accepting a gift from a donor, is not giving an implied or real endorsement of that donor. All public communications regarding philanthropic engagements are subject to prior agreement by MiracleFeet and the donor. No third party entity, including a corporation, may use MiracleFeet’s name and/or trademarks without explicit written permission.
Right to terminate:
MiracleFeet retains the right to terminate a philanthropic engagement for reasons relating to actual or potential reputational harm or legal compliance, breach of an agreement, and misuse of MiracleFeet’s intellectual property including its name or brand.
Project independence: MiracleFeet may accept funds from a donor to support the development of a particular project or program when it does not compromise, or appear to compromise, MiracleFeet’s independence, objectivity and transparency.
Pledges: Charitable pledges are often a convenience for donors. Pledging allows donors to make their gifts at a time and in an amount most convenient for their circumstances. Pledges must be confirmed in writing to be entered on MiracleFeet’s books. The Internal Revenue Service does not consider charitable pledges to be gifts until they are paid; consequently, no deduction is available to the donor until payment is made.
Gift Acceptance Review: MiracleFeet’s Board of Directors will convene as needed to review and make determinations regarding a potential gift(s). MiracleFeet reserves the right to refuse any gift it believes is not in the best interest of the organization. All decisions to solicit and/or accept potentially controversial gifts will be made by the Board of Directors. Restrictions on Gifts— MiracleFeet will not accept gifts that (a) would result in MiracleFeet violating its mission, (b) would result in MiracleFeet losing its tax-exempt status as a charitable organization under Section 501(c)3 as recognized by the Internal Revenue Service, (c) are too difficult or too expensive to administer in relation to their value, (d) would result in any unacceptable consequences for MiracleFeet or (e) are for purposes outside MiracleFeet’s mission. Decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the Board of Directors. In order to be honored, gifts with restrictions on use of funds are required to be in writing and state the specific restrictions. If MiracleFeet is not able to honor the restrictions, MiracleFeet will work with the donor to come to a mutually-agreeable solution.
Gifts Generally Accepted Without Review
- Gifts from donors that explicitly share the mission and values of MiracleFeet
- Gifts from donors with which MiracleFeet has an established and beneficial funding relationship
- Gifts from non-controversial donors
Gifts Accepted Subject to Prior Review
Certain forms of gifts or donations may be subject to review prior to acceptance. Examples of gifts subject to prior review include, but are not limited to:
- Gifts from institutional donors (including foundations, foreign government agencies, corporations, corporate foundations, or for-profit entities) that might not implicitly or explicitly share the core values of MiracleFeet
- Gifts that require review by legal counsel: E.g. securities, tangible personal property, life insurance proceeds, or real estate
- Gifts that could lead to conflicts of interest
- Gifts that include significant restrictions
Use of Legal Counsel
MiracleFeet will seek the advice of legal counsel in matters relating to acceptance of gifts when deemed appropriate. Review by counsel is recommended for:
- Gifts of securities that are subject to restrictions or buy-sell agreements.
- Documents naming MiracleFeet as trustee or requiring MiracleFeet to act in any fiduciary capacity.
- Gifts requiring MiracleFeet to assume financial or other obligations.
- Transactions with potential conflicts of interest.
- Gifts of property which may be subject to environmental or other regulatory restrictions.
- Non-cash gifts if the donor is willing to cover legal review costs, if necessary and costs related to bringing donation to completion.
- Gifts involving use of Charitable Remainder Trust and other comparable strategies.
- Gifts of art or other collectible items.
MiracleFeet accepts gift-in-kind donations that provide added benefit to the organization’s work and mission. MiracleFeet will provide an official acknowledgement to donors for their accepted gifts, but in accordance with IRS regulations, the organization cannot provide gift valuation and the donor is responsible for determining the value of the gift. If an in-kind donation does not further the organization’s goals, MiracleFeet reserves the right to decline the gift and/or send the donation and donor contact information to another charitable organization.