The Retainer Agreement is essential for establishing long-term professional service relationships under German law. It is commonly used when a client requires ongoing access to professional services with regular fee arrangements, rather than project-based or one-off engagements. This document type is particularly relevant in scenarios where continuous professional support, regular consultations, or ongoing availability of services is required. The agreement must comply with German Civil Code (BGB) requirements, particularly regarding service contracts (Dienstvertrag) and professional service provisions. It typically includes detailed terms about service scope, availability, fee structure, and termination rights, while ensuring compliance with German professional regulations and data protection laws. The Retainer Agreement serves as a foundational document that provides clarity and legal certainty for both parties in their ongoing professional relationship.
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1. Parties: Identification and details of the service provider and the client
2. Background: Context of the engagement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the regular services to be provided under the retainer
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider
6. Client's Obligations: Client's responsibilities, including provision of information and cooperation
7. Fees and Payment Terms: Monthly/periodic retainer fee, payment schedule, and invoicing details
8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
9. Confidentiality: Obligations regarding confidential information and business secrets
10. Data Protection: GDPR/DSGVO compliance and data handling procedures
11. Liability and Limitation: Scope of liability and any limitations under German law
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Additional Services: Framework for services beyond the standard retainer scope, used when ad-hoc services might be needed
2. Service Levels: Specific performance metrics and response times, relevant for technical or support services
3. Intellectual Property: IP rights and ownership of work products, important for creative or technical services
4. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship
5. Insurance: Professional liability insurance requirements, particularly important for regulated professions
6. Force Majeure: Provisions for extraordinary circumstances, increasingly relevant post-COVID
7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, if relevant to the service model
1. Schedule 1 - Service Specification: Detailed breakdown of included services and delivery parameters
2. Schedule 2 - Fee Schedule: Detailed fee structure, including any variable components and extra service rates
3. Schedule 3 - Key Personnel: List of main contact persons and their roles from both parties
4. Schedule 4 - Service Level Metrics: Specific performance indicators and measurement criteria
5. Appendix A - Data Processing Agreement: GDPR/DSGVO-compliant data processing terms and procedures
6. Appendix B - Compliance Requirements: Any specific regulatory or professional standards that must be maintained
Authors
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Business Consulting
IT Services
Marketing and Advertising
Financial Services
Professional Services
Management Consulting
Creative Services
Technical Support
Healthcare Services
Engineering Services
Accounting Services
Relevant Teams
Legal
Procurement
Finance
Operations
Business Development
Client Relations
Professional Services
Compliance
Executive Leadership
Contract Management
Relevant Roles
Chief Legal Officer
General Counsel
Legal Director
Contract Manager
Procurement Manager
Business Development Director
Chief Financial Officer
Operations Director
Managing Partner
Client Relations Manager
Professional Services Director
Compliance Officer
Chief Executive Officer
Head of Professional Services
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