Online Donation Agreement

This Online Donation Agreement (“Agreement”) is entered into by and between you, the donor (“You”), and The Fallen Outdoors, a 501(c)(3) non-profit organization whose address is The Fallen Outdoors 20123 Ne 174th St, Brush Prairie, WA 98606, whose federal Employer Identification Number is 47-5284354 (“TFO”), collectively referred to as the “Parties.” By authorizing a payment for your charitable contribution to TFO, You agree to be bound by these terms.


Your donation for tax purposes will be in the name will be the name and address used on the credit card or PayPal account used to make the donation. If You wish your donation to be made in some other name, please specify the person in whose name you wish to make the donation in the information box provided at the time of payment.


You agree to donate and TFO agrees to accept either a monthly donation or a one-time gift. You may terminate your monthly donation payment by logging into your TFO donor account and opting out of the campaign. The gift is a charitable donation, not a payment for goods or services. You acknowledge and agree that You are under no obligation to become a donor or to pledge a donation and that You will be solely responsible for any decision to become a donor. Unless otherwise specified by TFO at the time of the donation, the donation will be used for fulfilling TFO’s mission, which is to battle suicide, depression, anxiety, and so on, in the Military, Veteran, and Gold Star Family communities, by coordinating and providing therapeutic outdoor adventures that create connection, comradery, and community for our members to build hope and healing, and for other lawful purposes as permitted under Section 501(c)(3) of the Internal Revenue Code.


You will make your donation online by credit card or through TFO’s third-party payment processor. The processing of these payments is handled by the respective financial institutions and payment processors, and not by The Fallen Outdoors (TFO). TFO does not see or store your method of payment details. As a donor, You represent and agree You are age 18 or over, that all payment information You provide to TFO or TFO’s third-party service providers will be true, accurate, current, and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current and complete. You warrant that the donation is free of any encumbrances and that You have full legal rights to donate. Once payment is made, TFO will not refund any donation amounts made. If the donation is made as a recurring monthly gift, You may at any time prior to the processing of the payment cancel your donation by logging into your TFO donor account and opting out of the campaign.


You acknowledge that TFO is a 501(c)(3) organization and any contributions made under this Agreement are tax-deductible to the extent permitted by law. You should consult your tax advisors regarding the deductibility of their donations. Note that it is important for You to keep records of your donations and to consult with your tax advisors to understand the tax implications of their contributions.


Any expenses associated with the execution of this Agreement, such as transfer expenses, credit card interest payments, and any other cost in making a donation are Your responsibility.


TFO expressly disclaims any warranties or representations of any kind, whether express, implied, statutory, or otherwise with respect to the use, application, and success of the donated amounts. This includes, without limitation, any warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

TFO does not warrant that the use of the donated amounts will achieve any particular results or meet the Donor’s expectations. The Donor acknowledges that the application and success of the donated amounts depend on a variety of factors outside TFO’s control, and that TFO makes no guarantee as to the effectiveness or success of its programs, initiatives, or endeavors funded by the donated amounts.

The Donor acknowledges and agrees that the donation is made with the understanding that TFO has complete control and administration over the use of the donated funds. TFO is committed to using all donated funds efficiently and in a manner that furthers its charitable purposes, but it provides no warranty as to the specific use or impact of any particular donation.

The Donor acknowledges that the donation is made ‘as is’ and without any warranties as to the achievement of any particular tax benefits. The Donor should consult with their own tax advisors regarding the tax implications of their donation.


To the extent permitted by law, TFO shall not be held liable to You or any other party for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, revenues or business opportunities, irrespective of whether such damages were foreseeable and whether or not TFO has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.


This Agreement will be governed by, and construed in accordance with, the laws of the State of Washington without regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or relating to this Agreement will be instituted in the federal or state courts located within the State of Washington.


Arbitration Agreement: The Parties agree that any and all disputes or claims that have arisen or may arise between them shall be resolved exclusively through final and binding arbitration, rather than in court. The Parties agree that any arbitration will occur on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

Class Action Waiver: THE PARTIES AGREE THAT THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Further, unless both Parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Please note that the enforceability of arbitration agreements and class action waivers can vary based on jurisdiction and specific circumstances, and there are sometimes exceptions, particularly for certain types of claims. Thus, it’s important that you consult with a legal professional to ensure this clause will be enforceable and suitable in your specific circumstances.

IN WITNESS WHEREOF, the Parties have executed this Online Donation Agreement as of the date the donation is made.