As the examples in the previous section show, a pledge can and often will lead the conservation organization to take steps to rely on receipt of the donation. If the donation is not made and a court finds that such measures were reasonable and were made in good faith in the gift, the court may find that a donation agreement is required whenever the donor imposes and accepts certain ongoing conditions or obligations related to the donation. For example, formal and written agreements are required: a donor could be insulted by a request for a donation agreement forming his promise, believing that such a request calls into question his reliability or financial capacity. While this can be seen as a reason not to make a request, it can also be considered a reason for careful communication of the matter. While donor sensitivity may be an issue, it is important for the conservation organization to have a harmless justification for the requested agreement and a clear communication strategy with the donor. A review of court proceedings shows that complaints of non-execution of a promised gift are rare. The reason may be that potential donors don`t make promises that they won`t keep. Another may be that nonprofits don`t consider the cost of implementation, not only in litigation, but also in public relations and donor relations, as the value of collecting the promised gift. However, sometimes the damage suffered by an organization when a donor fails to meet a commitment outweighs the costs and risks associated with implementation.
A well-crafted donation agreement contains a description of the investment of time and money or other potential inconvenience that the conservation organization may suffer by relying on the promised donation. Donations must be sent to the organization at the address listed below. All donations are the property of the organization upon delivery and are non-refundable, except as expressly provided in this Donation Agreement. This Donation Agreement is the entire Agreement of the Donor and the Organization and fully supersedes all prior or simultaneous written or oral statements of the parties or any conduct of the parties. If an organization, relying on a promised gift, is making significant expenses or, in some other way, if there is no loss, if the promise is not kept, a donation agreement may be prudent if it is not necessary.. . .