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Non Refundable Retainer Agreement Template for United States

A Non-Refundable Retainer Agreement is a legally binding contract used in the United States that establishes the terms under which a professional service provider will receive an upfront payment that will not be returned, regardless of the actual services rendered or early termination. This agreement must comply with state-specific bar rules and professional conduct guidelines, particularly regarding fee arrangements and client fund handling. It includes detailed provisions about the scope of services, payment terms, and clear disclosure about the non-refundable nature of the payment.

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What is a Non Refundable Retainer Agreement?

The Non-Refundable Retainer Agreement is essential when professional service providers require secure payment arrangements before commencing work. This document, governed by U.S. state and federal regulations, establishes clear terms for non-refundable advance payments while ensuring compliance with professional ethics rules and consumer protection laws. It's particularly crucial in situations requiring substantial preparation or commitment of resources, protecting the service provider's interests while maintaining transparency with clients. The agreement typically includes detailed service scope, payment terms, and explicit acknowledgment of the non-refundable nature of the retainer.

What sections should be included in a Non Refundable Retainer Agreement?

1. Parties: Identification of the service provider and client with full legal names and addresses

2. Background: Context of the agreement and general purpose of the retainer

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services covered by the retainer

5. Retainer Amount: Specification of the non-refundable retainer amount and payment terms

6. Non-Refundable Nature: Clear statement of the non-refundable nature of the retainer and its justification

7. Term and Termination: Duration of the agreement and termination provisions

What sections are optional to include in a Non Refundable Retainer Agreement?

1. Additional Services: Terms for services beyond the retainer scope, used when additional services might be required beyond the basic retainer

2. Conflict Resolution: Procedures for resolving disputes, used when specific dispute resolution procedures are preferred

3. Insurance Requirements: Professional liability insurance provisions, used when specific insurance coverage needs to be documented

What schedules should be included in a Non Refundable Retainer Agreement?

1. Fee Schedule: Detailed breakdown of fees and billing rates

2. Service Level Agreement: Specific performance metrics and service standards

3. Client Communication Protocol: Guidelines for client communications and response times

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use

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