1325 NW 2nd St., Gainesville, FL. 32601
.371.2986 • www.dancealive.org
Charitable Pledge Agreement
This Charitable Pledge Agreement (“Agreement”), eective as of _____________(“Eective Date”), is made
and entered into by and between ___________________________________________ (“Donor”), whose
address is _________________________________________________ , and Dance Alive, Inc. and its
Board of Trustees (a 501(c)(3) charitable organization collectively referred to as the “Recipient”) for the use
and benefit of Dance Alive, Inc. all under the terms and conditions outlined below. In consideration of the
mutual promises and benefits, the parties agree as follows:
1. We or I, ______________________________ (the “Donor”) hereby pledge and agree to pay to Dance
Alive, Inc. the sum of ____________________. Donor agrees to make future contribution(s) either in
one lump sum or in annual amounts for the purpose of satisfying the pledge and further agrees that in
any event, the pledged amounts will be paid by the following date __________, which date shall not be
no later than December 31, 2025. Donor may accelerate the payment of any or all of this pledge at any
time in Donor’s discretion so long as the cumulative total of all payments are paid by the above receipt
date. Payments shall be paid by Donor to Recipient via check, electronic funds transfer, transfer of
stocks or other securities, or other methods acceptable to Donor and Recipient.
2. The Recipient, Dance Alive, Inc. agrees that it will apply the pledged amounts when received in
accordance with its mission and tax exempt purposes and further acknowledges the following restricted
versus unrestricted use designation hereby made by Donor.
A. Pledged amounts are to be considered unrestricted and can be used for any charitable mission of
Recipient. Donor please initial here __________ to establish pledged amounts as “Unrestricted”; or
B. Received pledge amounts are only to be applied towards the paying of the expenditures of acquiring
the land and undertaking the intended building construction for a new location for Dance Alive, Inc.
and the Pofahl School, (once merged and made part of the non-profit Dance Alive, Inc.), referred to
hereafter as “the Project”. Dance Alive, Inc. agrees with Donor that it will consider these pledged
amounts as “restricted funds and expects that Recipient will set up appropriate “restricted accounts
per applicable accounting rules for non-profits. Donor please initial here ________ to establish
pledged amounts as “Restricted”.
C. Where the Project is terminated or abandoned for any reason and there exists any remainder of the
received pledged amount outstanding and unspent, the Recipient agrees to provide Donor with a
written notice made by certified mail-return receipt requested, then giving the Donor to obligation to
respond within 30 days to either:
(i) Sanction any remaining and received Pledged amounts to become unrestricted; or
(ii) Direct that they be used for a specified purpose; or
Dance Alive National Ballet is a registered 501(c)(3) not-for-profit organization.
FID#: 23-7348157, Tax Exempt #: 11-06-032954, SC 02487
1325 NW 2nd St., Gainesville, FL. 32601
.371.2986 • www.dancealive.org
(iii) Direct that any such Pledged amounts be refunded to the Donor.
Failure of the Donor to provide a written response made by certified mail-return receipt requested
and in the time granted above, shall allow Recipient to treat such received pledged amounts as
unrestricted.
D. Pursuant to pledging the sums set forth in paragraph 1, where Donor does NOT require any such
naming rights as a condition of making the pledge, please initial here _________.
To the extent Naming rights ARE part of the terms and conditions of making the pledge, please, after
calling Ms. Kim Tuttle: 352-359-2007 or emailing her: [email protected] for available naming rights,
detail in the following lines below what Name(s) are intended to be used and in conjunction with what
part(s) of the proposed Building.
3. Acknowledgment and Publicity. Donor shall direct and have the absolute right to designate whether
any pledged amounts are to remain anonymous. If anonymity IS required as a condition of making the
pledge, please initial here _________.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
If no anonymity is required by Donor, Donor acknowledges and agrees with the following: Recipient
shall choose the time and format of any Donor recognition. Additionally for purposes of publicizing
the pledged amounts and any associated Naming, the Recipient will have the right, without charge,
to photograph the Donor(s) and use the names, likenesses, and images of the Donor in photographic,
audiovisual, digital or any other form of medium (the “Media Materials”) and to use, reproduce,
distribute, exhibit, and publish the Media Materials in any manner and in whole or in part, including
in brochures, website postings, informational and marketing materials, and reports and publications
describing development and activities.
4. Termination of Naming. In addition to any rights and remedies available at law, the Recipient may
terminate this Agreement and all rights and benefits of the Donor hereunder, including terminating the
Naming rights under the following circumstances and outcomes:
A. In the event of any default in payment of the pledged amounts as provided in this Agreement, or
B. In the unlikely event the Recipient determines in its reasonable and good faith opinion that
circumstances have changed such that the Naming chosen by the Donor would adversely impact the
reputation, image, mission or integrity of the Recipient.
Dance Alive National Ballet is a registered 501(c)(3) not-for-profit organization.
FID#: 23-7348157, Tax Exempt #: 11-06-032954, SC 02487
1325 NW 2nd St., Gainesville, FL. 32601
.371.2986 • www.dancealive.org
C. Upon any such termination of this Agreement and/or the Naming hereunder, the Recipient and the
entity Dance Alive, Inc. shall have no further obligation or liability to Donor and shall not be required
to return any portion of the pledged amounts already paid. The Recipient, however, may in its sole
and absolute discretion determine an alternative recognition for the portion of the pledged amounts
already received.
5. Modification of Naming. If during the useful life of the Recipient, it ceases doing business for any
reason, then any naming rights set forth in paragraph 2 above, will cease.
6. Assignment. This Agreement and the rights and benefits hereunder may not be assigned by either
party without the prior written consent of the other party, which consent shall be in the sole and
absolute discretion of the non-assigning party.
7. Entire Agreement. This Agreement constitutes the entire agreement of the parties with regard to the
matters referred to herein, and supersedes all prior oral and written agreement, if any, of the parties
in respect hereto. This Agreement may not be modified or amended except by written agreement
executed by both parties hereto. The captions inserted in this Agreement are for convenience only and
in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision
hereof, or in any way aect the interpretation of this Agreement.
8. Recipient Approval. This Agreement and the recognition and naming provided for herein are subject
to the approval by the Recipient and this Agreement will not be eective unless and until approved by
the Recipient. Recipient approval and its subsequent signing of this Agreement will be based upon a
favorable review by the Chairman of the Board, the Executive Vice President and Capital Campaign
Chairman. Donor acknowledges that this review is intended to determine if the type and conditions of
the pledge, the identity of the donor making the pledge, and the donor’s intent are all consistent with
Dance Alive, Inc.’s values and beliefs and align with the vision and mission of Dance Alive, Inc.
ACCEPTED AND AGREED TO:
Donor(s) Recipient (Dance Alive Inc. and its Board of Trustees)
By: By:
Signature Kim Tuttle, Executive Vice President
Date:
Print Name
By: Date:
Signature
Email Address(es):
Print Name
Mailing Address:
Dance Alive National Ballet is a registered 501(c)(3) not-for-profit organization.
FID#: 23-7348157, Tax Exempt #: 11-06-032954, SC 02487