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Non Refundable Deposit Agreement Template for Australia

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Key Requirements PROMPT example:

Non Refundable Deposit Agreement

"I need a Non-Refundable Deposit Agreement for my wedding planning business in Sydney, where clients will pay a 25% upfront deposit for events scheduled in 2025, with clear terms about cancellation policies and the non-refundable nature of the deposit."

Document background
The Non-Refundable Deposit Agreement is essential for transactions in Australia where a party requires security for a commitment through a deposit that will not be returned under specified circumstances. This document is commonly used in various commercial contexts, from property transactions to service bookings, where businesses need to protect themselves against potential losses from cancelled transactions or breached commitments. The agreement must carefully balance the rights of both parties while ensuring compliance with Australian Consumer Law and state-based regulations. It typically includes specific details about the deposit amount, payment terms, the circumstances under which the deposit becomes non-refundable, and any conditions that might affect the retention of the deposit.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement, including full legal names and addresses

2. Background: Explains the context of the agreement and the purpose for which the deposit is being paid

3. Definitions: Defines key terms used throughout the agreement

4. Deposit Amount and Payment: Specifies the deposit amount, payment method, and due date

5. Non-Refundable Nature: Clearly states that the deposit is non-refundable and explains the circumstances

6. Purpose of Deposit: Describes what the deposit is securing and how it will be applied

7. Representations and Warranties: Statements of fact and promises made by both parties

8. Default and Consequences: Outlines what constitutes a default and the resulting consequences

9. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditions Precedent: Used when there are specific conditions that must be met before the deposit becomes non-refundable

2. Dispute Resolution: Include when parties wish to specify a particular dispute resolution process

3. Force Majeure: Include when parties want to address circumstances beyond their control that might affect the agreement

4. GST: Include when the deposit amount includes or is subject to GST

5. Assignment: Include when transfer rights need to be addressed

6. Confidentiality: Include when the transaction involves sensitive information

Suggested Schedules

1. Payment Schedule: Details of the deposit payment structure if paid in installments

2. Property or Service Description: Detailed description of what the deposit is securing

3. Special Conditions: Any additional terms or conditions specific to this transaction

4. Required Notices: Any mandatory consumer notices or warnings required under Australian Consumer Law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Relevant Industries

Real Estate

Construction

Events and Entertainment

Retail

Hospitality

Professional Services

Manufacturing

Education and Training

Wedding and Events Planning

Tourism

Automotive

Interior Design

Relevant Teams

Legal

Sales

Operations

Commercial

Compliance

Risk Management

Customer Service

Business Development

Finance

Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Sales Manager

Operations Manager

Commercial Director

Compliance Officer

Risk Manager

Property Manager

Event Manager

Project Manager

Account Executive

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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