Donation Agreement - Template, Sample Form to Fill out

DONATION AGREEMENT

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

BETWEEN THE DONOR (hereinafter "Donor"):

________

Address: ________

AND THE RECEIVER (hereinafter "Receiver"):

________

Address: ________

RECITALS:

WHEREAS, Receiver warrants and represents that Receiver is a not-for-profit organisation according to the laws of Australia.

WHEREAS, Donor would like to make a donation to Receiver.

NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

(1) DONATION INFORMATION

(a) Donor is pledging a donation in the form of monetary funds.

(b) The details of the donation are as follows (the "Donation"):

________

(2) LOGISTICAL INFORMATION

(a) The Donation will be made on the Effective Date of this Agreement.

(b) Donor hereby warrants that the Donation is free of any and all encumbrances and that Donor has full legal rights to donate the Donation.

(3) RECEIPT

(a) If requested by Donor, Recipient will provide a receipt to Donor, including Donor's and Recipient's names, ABNs (if applicable), and a statement that the receipt is for a donation.

(b) A copy of the receipt is attached to this Agreement.

(4) PAYMENT

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

________

(5) PURPOSES OF DONATION

The Donation is being made for the following purpose and no other use of the Donation shall be permitted:

________

(6) REVOCATION

In the event that Receiver breaches this Agreement, Donor may revoke the Donation and may require Receiver to immediately return the Donation to Donor.

(7) EXPENSES

Any and all expenses associated with the execution of this Agreement, such as but not limited to, expenses incurred during the transfer of the Donation, are the sole and exclusive responsibility of Donor.

(8) RECEIVER OBLIGATIONS

Receiver must:

(a) comply with all applicable laws and regulations in relation to not-for-profits and donations in Australia;

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

(c) notify Donor as soon as possible if there is any change to Receiver's tax status;

(d) notify Donor as soon as possible if there is any change to Receiver's status in relation to any applicable permits, licences, registrations, authorisations, consents or other certifications, which affect Receiver's capacity to receive or manage the Donation;

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

(9) WARRANTIES

Receiver warrants and represents that:

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

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

(c) all information which Receiver has provided to Donor is true and correct and is not misleading;

(d) 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 Receiver is required to have in order to receive the Donation from Donor;

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

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

(f) Receiver has authority to enter this Agreement;

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

(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 in order to comply with the purpose as set out in this Agreement);

(i) the staff, employees, officers, directors, volunteers, representatives or other personnel of Receiver will not use the Donation for their personal use or enjoyment;

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

(k) Receiver will keep adequate records as required by any applicable Australian laws or regulations, including but not limited to taxation laws and regulations, and will provide such records to Donor or any relevant authority upon request;

(l) Receiver will not disclose any details about Donor, the Donation, or anything related to this Agreement, whether via any media channels, social media platforms, third parties or any other means, except with Donor's prior written consent.

(10) ACKNOWLEDGEMENT AND AGREEMENT

(a) Receiver acknowledges and agrees that Donor is providing the Donation "as-is".

(b) Receiver acknowledges and agrees that Donor is providing no warranties, covenants or representations, whether express or implied, regarding the Donation, including but not limited to in relation to the suitability or fitness for any particular purpose of the Donation.

(11) INDEMNITY

(a) Receiver acknowledges and agrees that Donor will not be liable for any direct or consequential claims, losses, costs, damages, expenses or other liabilities suffered or incurred by Receiver, any staff, employees, officers, directors, volunteers, representatives or other personnel of Receiver, or any third party, as a result of Receiver's use of the Donation.

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(I) the Donation;

(II) any negligence or wilful misconduct by Donor (including any of Donor's staff, employees, officers, directors, volunteers, representatives or other personnel);

(III) a breach of this Agreement by Receiver;

(IV) any errors or inaccuracies in any information that Receiver has provided to Donor;

(V) any claim, dispute, or liability relating to any infringement of intellectual property rights that arises out of or relates to any information provided by Receiver to Donor;

(VI) a breach of any law or regulation by Receiver or any of Receiver's staff, employees, officers, directors, volunteers, representatives or other 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 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

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

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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.

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 but not limited to acts of God, natural disasters, fire, flood, war, civil unrest, government action, or pandemic.

(14) NO SERVICES

Donor and Receiver agree that no services, sale, promotion, or anything of a similar nature is indicated or entered into by the Donation. Donor and Receiver agree that the Donation has been given without any further agreement of services or retribution to Donor and is given freely and willfully by Donor and received by Receiver.

(15) PRIVACY

(a) Donor takes its privacy obligations very seriously and complies with Australian privacy law.

(b) In connection with the Donation, Receiver may provide Donor with some personal information. By signing this Agreement, Receiver authorises Donor to use Receiver's information in Australia and any other country where Donor operates.

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

(16) GENERAL PROVISIONS

(a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of New South Wales and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within New South Wales. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

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

(c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either 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 the terms herein 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 to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

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

Executed by the Parties this ________:

Executed by ________ in accordance with s127 of the Corporations Act 2001 (Cth) by:

____________________________________
Signature of first director

____________________________________
Name of first director

____________________________________
Signature of second director

____________________________________
Name of second director

Executed for and on behalf of ________ by:

____________________________________
________