The Retainer Fee Agreement is essential for businesses and professionals in New Zealand seeking to establish long-term service arrangements with predictable fee structures. This document is particularly useful when regular, ongoing services are required and both parties benefit from a stable, committed relationship. The agreement typically includes detailed service specifications, payment terms, and performance expectations, all structured within New Zealand's legal framework. It provides certainty for both service providers and clients by establishing clear terms for regular payment in exchange for guaranteed service availability. Common applications include legal services, consulting arrangements, marketing services, and other professional services where consistent access to expertise is valuable. The document ensures compliance with New Zealand contract law while providing flexibility to accommodate specific service requirements and industry standards.
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1. Parties: Identification of the service provider and the client, including full legal names and contact details
2. Background: Context of the agreement and brief description of why the parties are entering into this retainer arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of the services covered under the retainer arrangement
5. Retainer Fee Structure: Details of the retainer fee amount, what it covers, and any additional charges
6. Payment Terms: Payment schedule, method of payment, and handling of additional charges
7. Term and Renewal: Duration of the agreement and conditions for renewal
8. Obligations of Service Provider: Responsibilities and commitments of the service provider
9. Client Responsibilities: Obligations and commitments required from the client
10. Confidentiality: Provisions regarding the handling of confidential information
11. Termination: Conditions and process for terminating the agreement
12. General Provisions: Standard contractual terms including governing law, notices, and entire agreement
1. Intellectual Property: Include when services involve creation or use of intellectual property
2. Non-Compete/Non-Solicitation: Add when protection against competition or client solicitation is needed
3. Insurance and Liability: Include when specific insurance requirements or liability limitations need to be addressed
4. Force Majeure: Add when protection against unforeseen circumstances is particularly important
5. Dispute Resolution: Include when specific dispute resolution procedures are preferred
6. Assignment: Add when transfer of rights needs to be specifically addressed
7. Data Protection: Include when personal data processing is involved
8. Reporting Requirements: Add when regular reporting of work or progress is required
1. Schedule 1 - Detailed Service Description: Comprehensive list and description of services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including retainer amount and additional service charges
3. Schedule 3 - Service Level Agreement: Specific performance metrics and service standards
4. Schedule 4 - Key Personnel: List of key team members assigned to provide the services
5. Appendix A - Communication Protocol: Procedures for regular communication and reporting
6. Appendix B - Additional Terms and Conditions: Any additional terms specific to the services or industry
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