Gift Acceptance Policy

1. Purpose

The headacheMD for all Foundation (the "Foundation") is a 501(c)(3) charitable organization committed to providing financial assistance for life-changing nerve decompression surgery to patients in need. This Gift Acceptance Policy establishes guidelines and procedures for:

• Accepting charitable contributions in various forms;
• Ensuring all gifts align with the Foundation's mission and values;
• Complying with IRS regulations and state laws governing charitable contributions;
• Protecting the Foundation from accepting gifts that could create conflicts of interest or legal liabilities;
• Ensuring proper acknowledgment and recognition of donors;
• Maintaining donor privacy and confidentiality.

2. Mission Alignment

The Foundation will only accept gifts that:

• Support the Foundation's charitable mission of providing financial assistance for headache surgery;
• Do not compromise the Foundation's independence or integrity;
• Do not create conflicts of interest;
• Do not require the Foundation to engage in activities inconsistent with its tax-exempt status;
• Do not impose restrictions that would limit the Foundation's ability to serve its charitable class.

3. Acceptable Gifts

3.1 Cash and Cash Equivalents

The Foundation accepts:

• Cash donations (check, money order, wire transfer);
• Credit card donations (processed securely);
• Cryptocurrency donations (Bitcoin, Ethereum, and other major cryptocurrencies);
• Bank drafts and electronic transfers.

All cash donations of $250 or more will be acknowledged with a written receipt for tax purposes.

3.2 Securities

The Foundation accepts publicly traded stocks, bonds, and mutual funds. Gifts of securities will be:

• Sold promptly upon receipt (unless the Board determines otherwise);
• Valued at the fair market value on the date of transfer;
• Processed through a qualified broker or financial institution.

3.3 Real Estate

Real estate gifts may be accepted subject to:

• Board of Directors approval;
• Professional appraisal (at donor's expense if required);
• Environmental assessment;
• Title search and review of encumbrances;
• Assessment of carrying costs and marketability;
• Legal review of all documents.

The Foundation will not accept real estate with environmental hazards, significant liens, or other liabilities that exceed potential value.

3.4 Personal Property

Gifts of personal property (artwork, collectibles, vehicles, etc.) may be accepted if:

• The property is related to the Foundation's mission or can be readily sold;
• The estimated value justifies the costs of acceptance, insurance, storage, and sale;
• An appraisal is obtained (at donor's expense) for gifts valued at $5,000 or more;
• The Board approves acceptance.

3.5 Bequests and Planned Gifts

The Foundation accepts:

• Bequests through wills and trusts;
• Charitable remainder trusts;
• Charitable lead trusts;
• Life insurance policies (naming the Foundation as beneficiary);
• Retirement account beneficiary designations;
• Other planned giving vehicles.

All planned gifts require Board approval and may require legal and financial counsel review.

3.6 In-Kind Gifts

The Foundation may accept in-kind gifts of services or goods that:

• Support the Foundation's operations or mission;
• Have a clear, determinable value;
• Do not create conflicts of interest;
• Are documented with appropriate acknowledgment.

4. Unacceptable Gifts

The Foundation will NOT accept gifts that:

• Violate any law or regulation;
• Create conflicts of interest or the appearance of conflicts;
• Require the Foundation to assume excessive liabilities;
• Require expenditures that exceed the gift's value;
• Restrict the Foundation's ability to serve its charitable class fairly;
• Require the Foundation to engage in activities inconsistent with its tax-exempt status;
• Come from sources the Board deems inappropriate (e.g., illegal activities, entities with values inconsistent with the Foundation's mission);
• Require the Foundation to provide services to specific individuals in exchange for the gift (quid pro quo arrangements that violate charitable solicitation laws);
• Create obligations that could compromise the Foundation's financial stability.

5. Gift Restrictions

5.1 Restricted Gifts

The Foundation may accept restricted gifts that specify how funds should be used, provided:

• The restriction aligns with the Foundation's mission;
• The restriction is feasible and does not create undue administrative burden;
• The Board approves the restriction;
• The restriction is documented in writing;
• The Foundation can fulfill the restriction within a reasonable timeframe.

5.2 Unrestricted Gifts

Unrestricted gifts are preferred as they provide the Foundation with maximum flexibility to address the greatest needs. All gifts are presumed unrestricted unless the donor specifies otherwise in writing.

5.3 Patient-Specific Gifts

The Foundation will NOT accept gifts that are:

• Restricted to benefit a specific individual patient;
• Conditioned on the Foundation providing services to a designated person;
• Tied to referrals or business relationships.

Such gifts could violate charitable solicitation laws and create conflicts of interest. All patient assistance must be provided through the Foundation's standard application and review process.

6. Gift Acceptance Procedures

6.1 Standard Gifts (Under $10,000)

Standard cash gifts, credit card donations, and publicly traded securities under $10,000 may be accepted by the Executive Director or designated staff member without Board approval.

6.2 Major Gifts ($10,000 - $50,000)

Gifts in this range require:

• Executive Director approval;
• Review of any restrictions or conditions;
• Documentation of gift terms;
• Notification to the Board.

6.3 Significant Gifts (Over $50,000)

Gifts exceeding $50,000 require:

• Board of Directors approval;
• Written gift agreement;
• Legal and/or financial counsel review if complex;
• Documentation of all terms and conditions.

6.4 Complex Gifts

Complex gifts (real estate, closely held securities, planned gifts, etc.) require:

• Board approval;
• Professional appraisal (if required by law or policy);
• Legal counsel review;
• Financial advisor review (if applicable);
• Written gift agreement;
• Assessment of costs and risks.

7. Gift Valuation and Appraisals

For tax purposes:

• Cash gifts are valued at face value;
• Publicly traded securities are valued at the average of the high and low trading price on the date of transfer;
• Real estate and personal property valued at $5,000 or more require a qualified appraisal (at donor's expense) if the donor wishes to claim a tax deduction;
• The Foundation will provide acknowledgment letters but does not provide tax advice;
• Donors are responsible for obtaining their own tax appraisals and valuations.

8. Donor Acknowledgment and Recognition

8.1 Acknowledgment Requirements

The Foundation will:

• Provide written acknowledgment for all gifts of $250 or more (required by IRS);
• Acknowledge all gifts promptly and appropriately;
• Include required tax language in acknowledgment letters;
• Not provide goods or services in exchange for gifts (except de minimis items as allowed by law).

8.2 Donor Recognition

The Foundation may recognize donors through:

• Annual reports (with donor permission);
• Website listings (if donor consents);
• Special events (if appropriate);
• Other recognition methods approved by the Board.

Donors may request anonymity, which will be honored to the fullest extent possible.

8.3 Donor Privacy

The Foundation respects donor privacy and will:

• Not sell or share donor lists;
• Honor requests for anonymity;
• Comply with applicable privacy laws;
• Protect donor information from unauthorized access.

9. Conflict of Interest Considerations

Before accepting any gift, the Foundation will consider:

• Whether the donor has a relationship with the Foundation that could create a conflict of interest;
• Whether accepting the gift could create the appearance of impropriety;
• Whether the gift could influence the Foundation's decisions regarding patient assistance;
• Whether Board members, staff, or volunteers have a personal interest in the gift.

Board members and staff must disclose any potential conflicts of interest related to gift acceptance decisions.

10. Gift Refusal and Return

The Foundation reserves the right to:

• Refuse any gift that does not meet the criteria in this policy;
• Return a gift if acceptance conditions are not met;
• Refund a gift if the donor requests a refund within a reasonable timeframe and the gift has not been expended.

If a gift is refused or returned, the Foundation will provide written notice to the donor explaining the reason.

11. Record Keeping

The Foundation will maintain records of:

• All gifts received (type, amount, date, donor information);
• Gift restrictions and conditions;
• Acknowledgment letters sent;
• Gift acceptance decisions and approvals;
• Appraisals and valuations;
• Gift agreements and legal documents.

Records will be maintained in accordance with the Foundation's Document Retention and Destruction Policy.

12. Policy Review and Updates

This policy will be reviewed annually by the Board of Directors. Updates will be made as necessary to reflect changes in laws, regulations, or Foundation operations.

13. Contact Information

Questions about making a gift or this policy should be directed to:

headacheMD for all Foundation
Executive Director
Email: info@headacheMD.org
Phone: (713) 426-3337
Address: 19907 Empress Crossing Ct, Spring, TX 77379

Tax ID (EIN): [XX-XXXXXXX]