Non Refundable Retainer Agreement Template for Australia

The Non-Refundable Retainer Agreement is essential in professional service relationships where securing priority access or guaranteed availability is crucial. This document, designed for use in Australian jurisdictions, establishes a legally binding arrangement where clients make an upfront payment to retain professional services, with the explicit understanding that this payment is non-refundable. It's commonly used by law firms, consultants, creative professionals, and other service providers who need to reserve time and resources for specific clients. The agreement addresses key aspects such as service scope, payment terms, obligations of both parties, and the specific conditions under which services will be provided. It ensures compliance with Australian consumer law, contract law, and relevant professional regulations while protecting both the service provider's commitment of resources and the client's interest in securing priority service.

1. Parties: Identifies and defines the service provider and the client, including full legal names, addresses, and any relevant business/company details

2. Background: Outlines the context of the agreement, including the client's desire to retain the service provider's services and the provider's willingness to provide them

3. Definitions: Defines key terms used throughout the agreement, including 'Retainer Fee', 'Services', 'Term', and other relevant terminology

4. Services: Detailed description of the services to be provided under the retainer arrangement

5. Retainer Fee and Payment Terms: Specifies the non-refundable retainer amount, payment schedule, and explicit acknowledgment of the non-refundable nature

6. Term and Termination: Defines the duration of the agreement and circumstances under which it may be terminated

7. Non-Refundable Nature: Explicit clause detailing the non-refundable nature of the retainer and the reasoning behind it

8. Service Provider's Obligations: Details the obligations and commitments of the service provider under the retainer

9. Client's Obligations: Outlines the responsibilities and commitments of the client

10. Intellectual Property: Addresses ownership and rights to any intellectual property created during the service provision

11. Confidentiality: Provisions regarding the handling of confidential information shared between parties

12. General Provisions: Standard legal provisions including governing law, notices, entire agreement, and amendment procedures