The Retainer Agreement For Consulting Services is essential for businesses seeking to secure regular access to professional consulting expertise while maintaining cost predictability. This agreement type is particularly suited for situations requiring ongoing advisory services, regular consultations, or readily available expert support. Under Swiss law, the agreement falls under the mandate contract provisions of the Code of Obligations, offering specific protections and obligations for both parties. It typically includes detailed terms for service delivery, payment structure, and professional obligations while clearly distinguishing the relationship from employment. The document is commonly used when clients need consistent access to specialized expertise without the commitment of full-time employment, making it particularly valuable for projects requiring regular strategic input, technical advice, or specialized knowledge.
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1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the consulting services to be provided under the retainer
5. Term and Termination: Duration of the agreement and conditions for termination
6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, and handling of additional services beyond the retainer scope
7. Consultant's Obligations: Key responsibilities and commitments of the consultant
8. Client's Obligations: Key responsibilities and commitments of the client
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and rights to work products and pre-existing materials
11. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. Insurance: Required insurance coverage to be maintained by the consultant
14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
15. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on consultant's ability to work with competitors, only needed if competitive concerns exist
2. Data Protection: Specific provisions for handling personal data, required if personal data processing is involved
3. Force Majeure: Provisions for unforeseen circumstances preventing performance
4. Assignment and Subcontracting: Rules for transferring rights or obligations, needed if subcontracting might be relevant
5. Key Personnel: Identification of specific individuals who will provide services, important for larger consulting firms
6. Service Levels: Specific performance metrics and standards, useful for technical or specialized consulting
7. Audit Rights: Client's right to audit consultant's work and records, relevant for regulated industries
8. Currency and Tax Provisions: Specific provisions for international consulting relationships
1. Schedule A - Scope of Services: Detailed description of specific services covered by the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees and rates for additional services
3. Schedule C - Service Levels: Specific performance metrics and response times if applicable
4. Schedule D - Key Personnel: List of key team members and their qualifications
5. Appendix 1 - Form of Monthly Report: Template for required periodic reporting
6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix 3 - Insurance Requirements: Specific insurance coverage requirements and limits
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