Donation Agreement - Template, Sample Form to Fill out Pro · AU-law

DONATION AGREEMENT

This Donation Agreement ("Agreement") is made between the Donor and the Receiver, each as identified below, and is effective as of ________ (the "Effective Date"). The parties may be referred to individually as a "Party" and collectively as the "Parties".

THE DONOR ("Donor"):

Name: ________

ABN/ACN: ________

Address: ________

THE RECEIVER ("Receiver"):

Name: ________

ABN: ________

ACNC Registration / DGR Status: ________

Address: ________

RECITALS

A. The Receiver warrants and represents that it is a not-for-profit organisation duly established and operating in accordance with the laws of the Commonwealth of Australia.

B. The Donor wishes to make a voluntary gift to the Receiver on the terms set out in this Agreement.

C. The Parties acknowledge that the Donation is made gratuitously and without any expectation of services, consideration, or material benefit being provided in return.

In consideration of the mutual promises and covenants contained in this Agreement, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DONATION INFORMATION

1.1 The Donor pledges to make a gift to the Receiver in the form of monetary funds (the "Donation").

1.2 The particulars of the Donation are as follows:

________

1.3 The amount of the Donation is ________.

2. LOGISTICAL INFORMATION

2.1 The Donation will be made on or before ________.

2.2 The Donor warrants that the Donation is free of any and all encumbrances and that the Donor has full legal right, title and authority to make the Donation.

3. RECEIPT

3.1 If requested by the Donor, the Receiver will provide a receipt to the Donor including the Donor's and Receiver's names, the Receiver's ABN, the amount of the Donation, and a statement that the receipt is issued in respect of a gift.

3.2 Where the Donation is intended to be tax deductible, the Receiver must issue a receipt that complies with the requirements of the Income Tax Assessment Act 1997 (Cth) for gifts to deductible gift recipients.

4. PAYMENT

The Donation will be paid by the Donor in the following manner and to the following account:

________

5. PURPOSE OF DONATION

The Donation is made for the following purpose, and no other use of the Donation is permitted without the prior written consent of the Donor:

________

6. REVOCATION

If the Receiver breaches this Agreement, the Donor may, by written notice, revoke the Donation and require the Receiver to return the Donation (to the extent not already applied in accordance with clause 5) to the Donor within ________ days of such notice.

7. EXPENSES

All expenses associated with the making and transfer of the Donation, including but not limited to transaction fees, are the sole and exclusive responsibility of the Donor unless otherwise agreed in writing.

8. RECEIVER OBLIGATIONS

The Receiver must:

(a) comply with all applicable laws and regulations relating to not-for-profit organisations and donations in Australia, including the Australian Charities and Not-for-profits Commission Act 2012 (Cth) where applicable;

(b) hold and maintain all permits, licences, registrations, authorisations, consents or other certifications required to receive and apply the Donation;

(c) notify the Donor as soon as practicable of any change to the Receiver's tax or charitable status;

(d) notify the Donor as soon as practicable of any change to the Receiver's status in relation to any applicable permit, licence, registration, authorisation, consent or certification that affects the Receiver's capacity to receive or manage the Donation;

(e) return the Donation to the Donor in the event that the Receiver receives the Donation in error (for example, as a result of fraud or incorrect information).

9. WARRANTIES

The Receiver warrants and represents that:

(a) the Receiver is a not-for-profit organisation according to the laws of Australia;

(b) the Receiver holds all applicable permits, licences, registrations, authorisations, consents or other certifications required to receive the Donation;

(c) all information provided by the Receiver to the Donor is true, correct and not misleading;

(d) the Receiver's execution of this Agreement complies with:

(i) all applicable laws and regulations;

(ii) all applicable permits, licences, registrations, authorisations, consents or other certifications that the Receiver is required to have in order to receive the Donation; and

(iii) any internal rules, policies or constituent documents of the Receiver;

(e) the person or persons signing this Agreement on behalf of the Receiver have authority to bind the Receiver;

(f) the Receiver has authority to enter into this Agreement;

(g) the Receiver will use the Donation only in accordance with the purpose set out in clause 5;

(h) the Donation will not be transferred, sold, traded, bartered, gifted or assigned to any other entity (unless expressly permitted under this Agreement, or unless necessary to comply with the purpose set out in clause 5);

(i) no staff, employee, officer, director, volunteer, representative or other personnel of the Receiver will use the Donation for personal use or enjoyment;

(j) the Receiver will comply with all applicable laws and regulations relating to receiving donations in Australia;

(k) the Receiver will keep adequate records as required by any applicable Australian law or regulation, including taxation laws, and will provide such records to the Donor or any relevant authority upon reasonable request; and

(l) the Receiver will not disclose any details about the Donor, the Donation, or anything related to this Agreement, whether via any media channel, social media platform, third party or any other means, except with the Donor's prior written consent or as required by law.

10. ACKNOWLEDGEMENT AND AGREEMENT

10.1 The Receiver acknowledges and agrees that the Donor is providing the Donation "as is".

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11. INDEMNITY

11.1 The Receiver acknowledges and agrees that, to the extent permitted by law, the Donor will not be liable for any direct or consequential claims, losses, costs, damages, expenses or other liabilities suffered or incurred by the Receiver, any of the Receiver's personnel, or any third party, as a result of the Receiver's use of the Donation.

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(a) the Donation;

(b) a breach of this Agreement by the Receiver;

(c) any errors or inaccuracies in any information provided by the Receiver to the Donor;

(d) any claim, dispute or liability relating to any infringement of intellectual property rights arising out of or relating to any information provided by the Receiver to the Donor; and

(e) a breach of any law or regulation by the Receiver or any of the Receiver's personnel,

except to the extent that such claims, losses, costs, damages, expenses or other liabilities are directly attributable to the negligence or wrongful act or omission of the Donor.

12. NO WAIVER

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

13. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, the remaining provisions, and any partially invalid or unenforceable provision to the extent enforceable, shall continue in full force and effect and remain binding on the Parties.

14. NOTICES

All notices required or permitted under this Agreement must be in writing and given to the other Party at the address set out in this Agreement, or to such other address as a Party may notify in writing from time to time. Notice may be delivered by hand, by post, or by email, and shall be deemed to have been received upon delivery, or in the case of post, within a reasonable time after posting.

15. RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. Neither Party has authority to bind the other or to incur any obligation on the other's behalf.

16. FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond that Party's reasonable control, including acts of God, natural disasters, fire, flood, war, civil unrest, government action, or pandemic.

17. NO SERVICES

The Parties agree that no services, sale, promotion or anything of a similar nature is indicated or entered into by reason of the Donation. The Parties agree that the Donation is given without any further agreement of services or consideration to the Donor, and is given freely and voluntarily by the Donor and received by the Receiver.

18. PRIVACY

18.1 The Donor takes its privacy obligations seriously and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

18.2 In connection with the Donation, the Receiver may provide the Donor with personal information. By signing this Agreement, the Receiver authorises the Donor to collect, use and disclose that information in Australia and any other country where the Donor operates, for purposes connected with this Agreement and in accordance with applicable law.

18.3 The Receiver may refer to the Donor's privacy policy for further information about what information the Donor collects, how the Donor uses and stores it, and the Receiver's rights in relation to it.

19. GENERAL PROVISIONS

(a) GOVERNING LAW: This Agreement is governed by the laws of ________ and the applicable laws of the Commonwealth of Australia. Each Party irrevocably submits to the exclusive jurisdiction of the courts of ________ and the courts competent to hear appeals from those courts.

(b) LANGUAGE: All communications and notices made or given under this Agreement shall be in the English language.

(c) ASSIGNMENT: This Agreement, and the rights granted under it, may not be assigned, sold, leased or otherwise transferred in whole or in part by either Party without the prior written consent of the other Party.

(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

(e) PUBLIC ANNOUNCEMENT: Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of its terms without the prior written approval of the other Party.

(f) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

(g) HEADINGS: Headings are for convenience only and do not affect the interpretation of this Agreement.

(h) COUNTERPARTS: This Agreement may be executed in counterparts, including electronic counterparts, all of which together constitute a single agreement.

Executed as an agreement on ________.

Executed by ________ in accordance with section 127 of the Corporations Act 2001 (Cth) by:

____________________________________
Signature of director

____________________________________
Name of director: ________

____________________________________
Signature of director/company secretary

____________________________________
Name of director/company secretary: ________

Executed for and on behalf of ________ by a person authorised to bind the Receiver:

____________________________________
Signature of authorised representative

Name: ________

Position: ________

Date: ________