The Freelance Retainer Contract is designed for situations where a business requires regular access to a freelancer's services without creating an employment relationship. This document, governed by English and Welsh law, provides a framework for ongoing collaboration while protecting both parties' interests. It typically includes detailed service specifications, payment terms, intellectual property provisions, and clear distinctions from employment contracts to ensure IR35 compliance. The agreement is particularly useful for long-term professional relationships where work volume may vary but regular availability is required.
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1. Parties: Identifies the contracting parties and their details
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Fees and Payment: Payment terms, rates, and invoicing procedures
6. Term and Termination: Duration of agreement and termination provisions
7. Intellectual Property: Ownership and usage rights of created works
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection: Compliance with data protection laws and handling of personal data
10. Liability and Indemnity: Limitations of liability and indemnification provisions
11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors during and after the agreement term
2. Equipment and Resources: Provisions regarding tools, equipment, and resources provided by either party
3. Insurance: Required insurance coverage and minimum insurance levels
4. Change Control: Process for managing changes to services or agreement terms
5. Force Majeure: Provisions for handling events beyond parties' reasonable control
1. Schedule of Services: Detailed breakdown of services and deliverables to be provided
2. Rate Card: Detailed fee structure, rates, and payment terms
3. Service Levels: Performance metrics, standards, and quality requirements
4. Key Personnel: List of key individuals involved in service delivery and their roles
5. Data Processing Agreement: Detailed terms for processing personal data in compliance with data protection laws
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