These Donor-Advised Fund Program Guidelines (“Program Guidelines”) apply to the establishment, operation, and privileges of a donor-advised fund at GoFundMe Giving Fund (each a “Charitable Account”). All activities of GoFundMe Giving Fund’s donor-advised fund program are subject to these Program Guidelines. 

ARTICLE I 
INTRODUCTION 

Section 1.1 In General. GoFundMe Giving Fund, an independent, Section 501(c)(3) public charity that administers donor-advised funds, was organized, and operates exclusively, for charitable purposes. GoFundMe Giving Fund is recognized by the Internal Revenue Service (IRS) as a tax-exempt, charitable organization classified as a public charity, as described in Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code (“the Code”) of 1986, as amended. As part of its overall philanthropic mission, GoFundMe Giving Fund has established a program to sponsor donor-advised funds within the meaning of Section 4966 of the Code. 

GoFundMe Giving Fund is governed by an independent Board of Directors (the “Board”), which is responsible for all aspects of the organization, including operation of its donor-advised fund program. The Board reserves the right to modify the program and these Program Guidelines at any time in its sole discretion. In the event of such modifications, GoFundMe Giving Fund will update these Program Guidelines on its website at: www.gfmgivingfund.org which shall be binding and enforceable on all Charitable Accounts, Account Holders, and Authorized Persons. 

GoFundMe Giving Fund is eligible to receive tax-deductible charitable contributions under Section 170(c) of the Code. As a donor-advised fund sponsoring organization, all contributions made to GoFundMe Giving Fund are irrevocable. GoFundMe Giving Fund maintains exclusive legal control over all assets held in its Charitable Accounts. Account Holders may contribute to and recommend donations from a Charitable Account in accordance with these Program Guidelines. 

ARTICLE II 
ESTABLISHING A CHARITABLE ACCOUNT 

Section 2.1 Application. Charitable Accounts may be funded by the donation or transfer by a person or organization, charitable or non-charitable (“Donor”) to, and acceptance by, GoFundMe Giving Fund of money or property, whether by contribution, gift, bequest, devise or other transfer (a “Contribution”). Those interested in establishing a Charitable Account may apply to establish one by visiting www.gfmgivingfund.org or www.gofundme.com and following the prompts. Once an Application is approved, such account holders (“Account Holders”) may make contributions to their Charitable Account at any time. 

Section 2.2 Contribution Required to Open An Account. There is no minimum contribution to open a Charitable Account. 

Section 2.3 Minimum Contribution and Donation Amount. There is a $5.00 minimum for any contribution to or donation made from a Charitable Account with a credit card or via ACH. 

Section 2.4 Charitable Account Name. Each Charitable Account shall be recorded on the books and records of GoFundMe Giving Fund and may be given a name or other designation as recommended by the Account Holder and approved by GoFundMe Giving Fund.

Section 2.5 Charitable Account Holder. An Account Holder may contribute to, recommend investments within, and recommend donations from a Charitable Account in accordance with these Program Guidelines. An Account Holder may be an individual (at least 18 years old), business entity, trust, estate, or family limited partnership. Tax-exempt organizations, including public charities exempt under Section 501(c)(3) of the Code are not eligible to be Account Holders. Each Account Holder will have full and equal privileges, as set forth herein. The Primary Account Holder is the Account Holder to whom Charitable Account statements, confirmations, and other communications are sent. Otherwise, the Primary Account Holder has no privileges different from any other Account Holder. GoFundMe Giving Fund may limit the total number of Account Holders with respect to any Charitable Account. 

Section 2.6 Authorized Person. An Authorized Person is an individual designated by an Account Holder authorized to exercise any or all of the advisory privileges with respect to a Charitable Account. A professional advisor working in a professional capacity (e.g., financial advisor, CPA, attorney) and designated by an Account Holder is considered an Authorized Person for the purposes of these Program Guidelines. Any Account Holder may remove any Authorized Person at any time by visiting the Help Center. When used below in connection with descriptions of advisory privileges, these Program Guidelines assume that an Authorized Person has been designated to exercise that advisory privilege with respect to the Charitable Account. GoFundMe Giving Fund may limit the total number of Authorized Persons with respect to any Charitable Account. 

Section 2.7 GoFundMe Giving Fund Approval. Each person named as an Account Holder, Authorized Person, or Account Holder Successor (and any removal of such persons) is subject to review and approval by GoFundMe Giving Fund. GoFundMe Giving Fund reserves the right to decline, to approve, or to withdraw and revoke any such designation at any time in its sole discretion. 

ARTICLE III 
CONTRIBUTIONS 

Section 3.1 General. Subject to review and approval by GoFundMe Giving Fund, contributions of cash and certain property may be made to a Charitable Account consistent with the gift acceptance policies described herein. GoFundMe Giving Fund reserves the right, in its sole discretion and for any reason, not to accept any contribution. All contributions shall be irrevocable and GoFundMe Giving Fund shall maintain exclusive legal control over the assets contributed, including the timing and manner of sale of any contributed property. Contributions to GoFundMe Giving Fund are eligible for U.S. charitable contribution tax deductions. Donors should consult their tax advisors as to their own federal, state, and local tax circumstances. 

Section 3.2 Types of Assets Accepted. 

(a) Cash Equivalents. Cash equivalents must be in U.S. dollars and sent by check, ACH, debit/credit card, or bank transfer/wire.

(b) Publicly Traded Securities. Publicly traded and marketable securities, including restricted and lock-up stock, mutual fund shares, and bonds can be accepted. 

(c) Assets Generally Not Accepted. GoFundMe Giving Fund will generally not accept contributions of the following property: 

(i) Currency or certain cash-like monetary instruments, including bank drafts, traveler’s checks, or money orders;

(ii) Cryptocurrency 

(iii) Privately Held Business Interests 

(iv) General Partnership Interests; 

(v) Real estate (other than shares of a publicly traded real estate investment trust); 

(vi) Artwork; and 

(vii) Other Personal Property. 

Section 3.3 Contribution Costs. If any contribution results in GoFundMe Giving Fund incurring additional costs, GoFundMe Giving Fund reserves the right to allocate such costs to the Charitable Account for which the contribution is made. Such additional costs may be deducted from the Charitable Account as incurred and may include, but are not limited to: (1) costs related to reviewing, receiving, holding, and selling contributed property; and (2) other fees and charges, such as bank fees for insufficient funds. 

Section 3.4 Contribution Processing. Once a contribution of property has been accepted by GoFundMe Giving Fund, under guidance of the Board regarding timing and manner of sale, GoFundMe Giving Fund will seek to promptly sell contributed property, and will allocate the net proceeds to the Charitable Account. Net proceeds are defined as gross proceeds less any costs incurred by GoFundMe Giving Fund to complete the receipt and subsequent sale of contributed property. GoFundMe Giving Fund will determine and allocate such costs to the Charitable Account involved in its sole discretion based on the information available to it. GoFundMe Giving Fund reserves the right to set aside all or a portion of a contribution to cover potential costs to GoFundMe Giving Fund related to that contribution until the amount of such costs are determined. An Account Holder, Donor or any other third party cannot reserve any right to advise, direct, or control the manner or timing by GoFundMe Giving Fund to sell such donated property. 

Section 3.5 Tax Forms. Donors should consult with their tax advisor to ensure compliance with all IRS gift substantiation requirements. GoFundMe Giving Fund will provide donor acknowledgements for each contribution made, including a statement that GoFundMe Giving Fund has exclusive legal control over the assets contributed to a Charitable Account. Account Holders are not entitled to claim a tax deduction for charitable contributions made by third parties. When required by law, GoFundMe Giving Fund will complete and file IRS Form 8282 upon the sale or exchange of certain assets and provide the Donor with a copy of such form. 

ARTICLE IV 
DONATIONS 

Section 4.1 Donations. GoFundMe Giving Fund’s Board has ultimate authority and ownership over all donations from its Charitable Accounts and may elect to engage a third-party 501(c)(3) public charity to manage approved donations on behalf of GoFundMe Giving Fund. Donations may be recommended to eligible donees (“Eligible Donees”) in good standing under federal and state law. Donations must be used exclusively in furtherance of charitable purposes and Eligible Donees must be operated exclusively for charitable purposes. Eligible Donees generally include (1) public charities under Section 509(a)(1), (a)(2), or (a)(3) of the Code (except certain supporting organizations); (2) private operating foundations

under Section 4942(j)(3) of the Code; (3) governmental units described in Section 170(c)(1) of the Code; and (4) public and private schools, universities, and colleges. 

Recommended donations to Eligible Donees are not binding on GoFundMe Giving Fund and are subject to its review and approval. Pursuant to its Donation Making Guidelines, the Board may determine in its sole discretion whether an organization shall be an Eligible Donee, and whether to approve any donation recommendation. If a donation recommendation isn’t approved (likely due to compliance reasons), GoFundMe Giving Fund will notify Account Holders of the issue within thirty (30) days, cancel the donation recommendation, and work with them to redirect the donation to another Eligible Donee. Changes may be made to the criteria and list of Eligible Donees at any time and for any reason. GoFundMe Giving Fund may decline to approve donation recommendations to organizations that, in the sole discretion of GoFundMe Giving Fund, do not comply with GoFundMe Giving Fund policies, procedures, and donation requirements, including but not limited to its Donation Making Guidelines and these Program Guidelines. 

(a) Supporting Organizations. Supporting organizations defined as Type I under Code § 509(a)(3)(B)(i), Type II under Code § 509(a)(3)(B)(ii), or functionally-integrated Type III under Code § 509(a)(3)(B)(iii) and Treas. Reg. § 1.509(a)(4) are generally Eligible Doneesees. Certain supporting organizations described in Section 4966(d)(4), including non-functionally-integrated Type III supporting organizations and any supporting organization that supports an organization controlled directly or indirectly by a Donor or Account Holder, are not Eligible Donees. In addition, supporting organizations of any type that support a foreign (non-U.S.) organization are generally not Eligible Doneesees. 

(b) Private Operating Foundations. Private operating foundations that meet the support test under Section 4942(j)(3)(B)(iii) of the Code may be Eligible Doneesees. No other private foundation shall be an Eligible Donee 

(c) Governmental Units. Government units described in Section 170(c)(1) of the Code may be Eligible Donees; however, governmental instrumentalities and government-related organizations that do not qualify as units of government described in Section 170(c)(1) are not Eligible Doneesees. 

Section 4.2 Recommendations. All donation recommendations must be made through the online Charitable Account, and must indicate the Eligible Donee and the suggested donation amount. 

Section 4.3 Impermissible Donations. GoFundMe Giving Fund reserves the right to decline to make a recommended donation in the following instances and in its sole discretion and without limitation: 

(a) that the organization is not an Eligible Donee; 

(b) that the donation would pay for dues, membership fees, tuition, raffle/sweepstakes entries, tickets or tables for events or galas, goods from a charitable auction or other goods and services; 

(c) that the donation would fulfill an existing, legally binding pledge; 

(d) that the donation will confer a more than an incidental benefit on an Account Holder, Authorized Person, or other third party; 

(e) that the donation will be used for lobbying, for political contributions, or to support political campaign activities; 

(f) that the donation will be used for improper or illegal purposes;

(g) that the Account Holder, Authorized Person, and related persons control either the organization itself or administration of the donation funds by the organization; or 

(h) that the donation is otherwise inconsistent with GoFundMe Giving Fund’s charitable purposes or policies and/or may subject GoFundMe Giving Fund to tax penalty. 

Section 4.4 Donation Requirements. Donors, Account Holders and other Authorized Persons with advisory privileges with respect to donations from Charitable Accounts must ensure recommendations comply with the requirements herein. Continued non-compliant donation recommendations may result in the limitation and/or revocation of account privileges in GoFundMe Giving Fund’s sole discretion. In addition, GoFundMe Giving Fund may also take other remedial action deemed appropriate or necessary, in its sole discretion, to ensure compliance with these donation requirements, including, but not limited to, requiring that any non-compliant donations paid be returned in full. 

Section 4.5 Timing of Donation Review and Distribution. The Board of the GoFundMe Giving Fund will establish policies for review and validation of each donation recommendation. Assuming donation recommendations are consistent with GoFundMe Giving Fund’s charitable purposes, these Program Guidelines, and such policies, they will be approved. To the extent they are not, the Board will review in a special meeting. Certain donations and donation recipients may require additional due diligence. GoFundMe Giving Fund shall not be liable to any person for the timing of any donation review and distribution. 

Section 4.6 Donor Acknowledgement and Anonymous Donations. When recommending a donation, an Account Holder may generally choose to be identified by name and address, and Charitable Account name (e.g., “The Smith Family Charitable Fund”) to the recipient charity; to be identified only by the name of the Charitable Account; or to remain anonymous and not be identified, in which case the donation will be identified as recommended by a GoFundMe Giving Fund Account Holder who wishes to remain anonymous. GoFundMe Giving Fund may in its sole discretion choose to limit anonymity. 

Section 4.7 Number of Donations. GoFundMe Giving Fund allows an unlimited number of donations from a Charitable Account. 

Section 4.8 Minimum Donation Requirements Per Each Charitable Account. GoFundMe Giving Fund requires active donation making in every Charitable Account. If no donations have been distributed from a Charitable Account for one year, GoFundMe Giving Fund will make reasonable efforts to contact the Account Holder to encourage donation recommendations from the Charitable Account. After two years in which no donations have been distributed from a Charitable Account, and Account Holders have not responded to GoFundMe Giving Fund’s suggestions regarding donation recommendations, GoFundMe Giving Fund may in its sole discretion revoke and terminate any recommendation privileges with respect to a Charitable Account and transfer any remaining balance of the Charitable Account into GoFundMe Giving Fund’s Board-designed account to be used for charitable purposes at the discretion of the Board. 

ARTICLE V 
ADMINISTRATIVE FEES 

Section 5.1 Administrative Fees. GoFundMe Giving Fund Charitable Accounts are not subject to any administrative fees. GoFundMe Giving Fund’s Board will periodically review the decision not to charge any administrative fees and provide Account Holders with reasonable notice in the event such policy changes. Changes may be made by the Board in its sole discretion.

ARTICLE VI 
INVESTMENTS 

Section 6.1 Responsibility. GoFundMe Giving Fund’s Board has ultimate authority and responsibility for the investments of the assets in each Charitable Account, or the delegation thereof, consistent with federal and state law. Decisions with respect to the retention, investment, or reinvestment of assets and with respect to commingling of assets shall be made by the Board pursuant to its Investment Policy or through its Investment Committee as so delegated. Charitable Accounts are customarily invested and commingled with assets of other Charitable Account funds of GoFundMe Giving Fund. However, GoFundMe Giving Fund shall have no obligation to commingle the assets of any Charitable Account for investment purposes and may, in its sole discretion, retain any assets received or hold the assets of a Charitable Account as a separate unit for investment purposes. Any investment or reinvestment of assets shall be made only in such investments as are appropriate, as determined by GoFundMe Giving Fund, and as are consistent with its Investment Policy and requirements imposed by the Code and state law. 

Section 6.2 Investment Options and Recommendations. GoFundMe Giving Fund maintains investment pool options with varying risk and return objectives. All investment options are reviewed and approved by the Board pursuant to its Investment Policy and may change from time to time. Investment pool options are designed to be offered across a range of type, risk, volatility, and expected return. All recommendations must be made online within a GoFundMe Giving Fund Charitable Account. Such recommendations shall be solely advisory and GoFundMe Giving Fund shall not be bound by such recommendations. Any income derived through donor-recommended investment of Charitable Account assets will be credited to and held in each respective Charitable Account. 

Section 6.3 Investment Advisors. GoFundMe Giving Fund will appoint an investment consultant and investment managers from time to time to carry out some or all of its investment management responsibilities with respect to its investment option offering. GoFundMe will utilize broker-dealer services in connection with the investment of its charitable assets and is not responsible for any system or software failures of any third-party, including such broker-dealer. 

Section 6.4 Investment Management Fees. Investment management fees assessed to a Charitable Account by GoFundMe Giving Fund will vary depending on the selected pool and investment manager. 

Section 6.5 Investment Objectives. GoFundMe Giving Fund’s investment objective is to provide for and preserve long-term growth of the principal and income through a total rate of return that supports its donationmaking, expenses, investment fees, and inflation. Assets will be invested in a manner as to avoid being overly speculative, looking instead to the permanent disposition of the assets, and considering the probable income as well as the safety of the assets. 

ARTICLE VII 
CLOSING AN ACCOUNT, SUCCESSOR AND LEGACY PLANNING 

Section 7.1 Successor Options. Account Holders may recommend successors to assume advisory privileges with respect to a Charitable Account in the event of the death or incapacity of all Account Holders. GoFundMe Giving Fund will require appropriate documentation related to such death or incapacity prior to adding such advisory privilege. A named successor may either be an individual of adult age or organization. Successor recommendations must be made in writing by all Account Holders of the Charitable Account. A successor assumes all roles and responsibilities of the Account Holder(s) and is bound by these Program Guidelines. Upon assuming the rights and responsibilities of the Charitable Account, the successor may designate his or her own successors. In all instances, GoFundMe

Giving Fund remains the sole owner of the Charitable Account and still has exclusive legal control over the account, its investments, and donations to Eligible Donees. Please visit the Help Center for assistance. 

Section 7.2 Beneficiary Options. In lieu of naming a proposed successor, an Account Holder or Authorized Person may also elect to terminate or “sunset” the Charitable Account upon the death or incapacity of the Account Holder by recommending in advance distribution of the remaining assets to one or more Eligible Donees subject to the review and approval by GoFundMe Giving Fund. GoFundMe Giving Fund will require appropriate documentation related to such death or incapacity prior to terminating the Charitable Account and distributing the assets in accordance with the Account Holder’s recommendation. Changes to named beneficiaries must be made by all Account Holders of the Charitable Account. Please visit the Help Center for assistance. 

Section 7.3 Default. In the event that neither a successor nor beneficiary has been named on the Charitable Account, then upon death or incapacity of all Account Holders, GoFundMe Giving Fund will transfer the balance of the Charitable Account into GoFundMe Giving Fund’s Board-designated account to be used for charitable purposes at the discretion of the Board. 

Section 7.4 Closing an Account. An Account Holder may request that their GoFundMe Giving Fund Account be closed at any time by following the prompts within the Account or visiting the Help Center for assistance. Account Holders will be asked to recommend donations of all remaining balances, less any applicable fees, and if approved, the balance in the Account will be distributed to such recommended recipients. If for some reason the recommendation cannot be approved, the GoFundMe Giving Fund will transfer the remaining balance of the Charitable Account into GoFundMe Giving Fund’s Board-designed account to be used for charitable purposes at the discretion of the Board. 

ARTICLE VIII 
MISCELLANEOUS PROVISIONS 

Section 8.1 Relationship with GoFundMe Inc. The GoFundMe Giving Fund has engaged GoFundMe Inc. to provide administrative, technical and operational services to offer and support Charitable Accounts. All GoFundMe Giving Fund Account Holder information is shared with GoFundMe Inc. and its employees, contractors, and third party partners to ensure the program is operated efficiently and that all Charitable Accounts are properly supported and managed in compliance with all applicable laws and regulations. 

Section 8.2 Governing Law. These Program Guidelines shall be construed in accordance with the laws of the state of California. 

Section 8.3 Copyright and Trademarks. Persons and entities may not suggest that GoFundMe Giving Fund endorses, sponsors, or is affiliated with any non-GoFundMe Giving Fund website, entity, service, or product. Account Holders wishing to describe the charitable purpose of their individual Charitable Account and/or the programs and services of GoFundMe Giving Fund should state that the Charitable Account is a donor-advised fund at GoFundMe Giving Fund, an independent public charity, and submit such reference to GoFundMe Giving Fund for review and written approval by an authorized representative. Account Holders, other individuals, or entities may not use any GoFundMe Giving Fund service mark without the express written consent of an authorized representative of GoFundMe Giving Fund.

Section 8.4 Confidentiality. Each Account Holder and Authorized Person will have access to view the Charitable Account. All information regarding Charitable Accounts will be maintained in accordance with GoFundMe Giving Fund’s privacy policy, which can be accessed at www.gfmgivingfund.org. 

Section 8.5 Amendment. These Program Guidelines may be amended at any time upon posting to www.gfmgivingfund.org, and as amended shall be effective with respect to all Charitable Accounts, Account Holders, Authorized Persons, and any other person. 

Section 8.6 Agreement to Arbitrate. Any Account Holder, Authorized Person, Successor, or Donee (“Third Party”) and GoFundMe Giving Fund agree that any dispute, claim, or controversy arising out of or relating in any way to these Program Guidelines or any contribution to, or donation from a Charitable Account with GoFundMe Giving Fund (a “Claim”) will be determined by binding arbitration, except that either Third Party or GoFundMe Giving Fund can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute, and the Notice of Claim and Informal Resolution requirements, as defined below, have been met. Any such small claims action must take place either in Third Party’s county of residence or in San Francisco, California 

(a) Arbitration. Each Third Party agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that the Third Party and GoFundMe Giving Fund are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Program Guidelines. 

(b) Informal Resolution. Each Third Party and GoFundMe Giving Fund agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Each Third Party and GoFundMe Giving Fund therefore agree that, before either a Third Party or GoFundMe Giving Fund commences an arbitration or small claims action against the other, they will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Claim. If the Third Party is represented by counsel, that Third Party’s counsel may participate in the conference, but the Third Party shall also fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 

(c) Arbitration Proceedings. If the parties do not reach an agreement to resolve the Claim within 60 days after the Notice of Claim is received, the Third Party or GoFundMe Giving Fund may commence an arbitration proceeding with the American Arbitration Association (“AAA”) after the expiration of this 60-day period. Any Third Party may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 800-778-7879, except as modified by these Program Guidelines. The arbitrator is bound by these Program Guidelines. The arbitrator shall decide all issues relating to the scope and enforceability of this arbitration provision. The parties agree that a preliminary conference shall be conducted in each arbitration proceeding, and the Third Party and a GoFundMe Giving Fund representative shall appear at the preliminary conference. If either party fails to appear at the preliminary conference, the arbitrator shall summarily determine the merits of the case in favor of the appearing party. If both parties fail to appear at the preliminary conference, the arbitrator shall summarily dismiss the arbitration without prejudice in favor of either party. Unless GoFundMe Giving Fund and the Third Party agree otherwise, any arbitration hearings will take place virtually or in the county (or parish) of either the Third Party’s residence or of the mailing address the Third Party provided in the Notice of Claim, or in San Francisco, California. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and

conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. 

Section 8.7 Entire Agreement. These Program Guidelines set forth the entire agreement with GoFundMe Giving Fund. These Program Guidelines fully supersede any prior agreements or understandings. Account Holders acknowledge that neither they nor anyone acting on the Account Holder’s behalf has relied on any representations, promises, or agreements of any kind made to them in connection with the decision to make a contribution and/or open a Charitable Account with GoFundMe Giving Fund, except for those set forth in these Program Guidelines. 

ARTICLE IX 
STATE CHARITABLE SOLICITATION REGISTRATION 

GoFundMe Giving Fund is a 501(c)(3) public charity and is required to be registered to solicit in all those states where it is required to do so. Financial and other publicly available information about GoFundMe Giving Fund, as well as state charitable solicitations registrations, can be obtained at www.gfmgivingfund.org. registrations, can be obtained at www.gfmgivingfund.org.