Almost the same thing happened to us. We have just always used this company. We don't have any agreement at all, but the company sent the catalogs anyway (22 boxes worth). They sent them during the summer, when no PTO people were here to refuse them. Our Board decided not to do catalog fundraisers again, and has asked this guy to come get his stuff.

So far, no show from the rep, until last week when he calls wanting to know when we are planning to send in our orders! After asking why no response to e-mails, etc. he says he didn't have to respond, he has a contract. And we are not doing the right thing, etc., by not fulfilling our contract. He counts on us every year to sell, it's important to him, and our school, etc. etc.

My response has been to play just as hard ball as he wants to - if he can produce a signed contract from our current board, we will gladly do his fund-raiser and tell parents why we had to renege on our "no catalog fundraiser" promise. If we don't get sales after that, there's nothing they can do.

I can be a real meanie when I need to be.

I know that there is no fund raising company that can enforce that contract. Just tell the company that you are going to "advertise" to all the other schools in your area what he is making you do. I'm sure they will like that. What is he going to do? Sue the school? that would look good in the local newspapers. Too many of these companies make you decide in December or January for the next school year. Why? It's not for your benefit, that is for sure. They just want to "lock you up" away from the competition. As far as a better deal in January, the best 'deals" are in April and May, when the companies have to fulfil their sales quotas.

As far as the brochures, those are ordered way, way in advance in bulk. The company may order 50,000 BEFORE the even contacted your school. Do not believe that they "ordered them just for your school".

You may be bound by that agreement.

If this was our group, I'd go with the company and make things right for next year. News likely travels fast among local reps, and I would not want to be the group that backed out of an agreement at the last minute.

The time to stand up was last fall when your president pushed this past the board. There should have been a motion and a vote to explore new fundraising companies. The president is only one vote. If the rest of the board wanted it, it would have happened.

Even without a motion, if one of the members took initiative and brought in info from several companies to compare, the president has to let you discuss it.

I've also done the fundraising for my school for the last 5 years. Depending on the wording of the contract, you may be stuck with using that vendor for this upcoming school year. I realize that the previous president was wrong for what she did, however, that is in the past. No current President should make a committment for an upcoming school year without full disclosure at a PTO meeting and with the agreement of the current executive board and attendees. That is just being fair and a good president. Before I exited my position, I was contacted by several vendors and I told them that the new board would be selecting their vendor when they took office. I contacted them and provided them with the new President's name and copied her on all emails. Everything was done above board.

To address the point about the brochures: you have to look at the way in which they conduct business. If they only go to print several times per year and its based upon the contracts they have, then they ordered the brochures based upon the signed agreement. Until they obtain a new contract for an organization that can use up those brochures, they would be stuck with them. So you are not totally correct in your statement that they can be used elsewhere--it depends on new contracts obtained.

I do agree with the statements he made being unprofessional and a means of trying to guilt your way to honoring the agreement. That could be addressed with the sales manager. However, you should get a legal opinion on whether you have a binding agreement or not.
If you do, but you still wish to use another company. then send both out and see what happens. If the other company is so much better with merchandise and pricing, that will be the one that parents select anyway. You'd be giving the parents options and avoiding a bad situation with the current vendor.

I'm a fundraising lady (it's my job) and you can cancel at anytime you don't want to work with him.

If he sends the books anyway just tell him to pick them up or you will just throw them away. You can also, refuse the shipment of books. These type of fundraising sales reps make great reps look bad and it makes me mad.

good luck!

Are you a separate group from the school (ie own EIN, tax ID etc)

If you are, I'd look into some legal counsel (sounds like bully tactics on the fundraising guys part) If you arent the school should have legal counsel; availble to discuss with.

I'd have to see the agreement vs contract wording (and the 'agreement')etc (and state laws) since they vary


Since he's using personal and unprofessional terms (ie I'm sending kids to college) its sounds like BS

Legal Discalaimer: The advice of this poster AKA Shawn (although having a law degree) in no way constitutes sound legal advice or in anyways makes this person liable for information which could be outdated, misinterpreted and is just an opinion