Hourly Retainer Agreement Template for Canada

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Key Requirements PROMPT example:

Hourly Retainer Agreement

"I need an Hourly Retainer Agreement for my IT consulting services where I'll provide 20 hours per month of cloud architecture support to a financial services client, starting January 2025, with specific confidentiality provisions for handling sensitive financial data."

Document background
The Hourly Retainer Agreement is designed for professional service providers in Canada who offer ongoing services to clients on an hourly rate basis. This document is particularly useful when regular, recurring services are anticipated but the exact scope or volume may vary month to month. The agreement includes essential provisions required under Canadian law, including detailed fee structures, service scope definitions, and professional obligations. It typically involves an advance retainer payment that serves as a deposit against which hourly services are billed. The document addresses key aspects such as rate structures, billing increments, replenishment of retainer amounts, and reporting requirements. It's commonly used by professional service providers such as consultants, lawyers, accountants, and other advisors who need to establish clear terms for ongoing professional relationships while protecting both parties' interests under Canadian federal and provincial regulations.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided under the retainer

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Hourly rates, billing increments, payment schedule, and retainer amount details

7. Obligations of Service Provider: Professional responsibilities, standard of care, and service delivery commitments

8. Obligations of Client: Client responsibilities, including provision of information and cooperation

9. Confidentiality: Protection and handling of confidential information

10. Intellectual Property: Ownership and rights to work products created during the engagement

11. Limitation of Liability: Limits on service provider's liability and any warranties or disclaimers

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when service provider has access to sensitive business information

2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's significant client contact

3. Insurance: Insurance requirements and coverage details, important for high-risk services

4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

5. Dispute Resolution: Specific procedures for handling disputes, useful for high-value or complex services

6. Assignment: Rights to assign the agreement, important when working with larger organizations

7. Data Protection: Specific data handling requirements, necessary when personal or sensitive data is involved

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of hourly rates, including different rates for different service providers or service types

2. Schedule B - Scope of Services: Detailed description of specific services, deliverables, and any service levels

3. Schedule C - Key Personnel: List of key team members and their roles, if specific individuals are critical to the engagement

4. Appendix 1 - Retainer Calculation: Formula and examples for calculating monthly retainer amounts and true-ups

5. Appendix 2 - Reporting Template: Standard format for time reporting and invoicing

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 | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Consulting

Information Technology

Financial Services

Marketing and Advertising

Business Advisory

Healthcare Services

Engineering

Architecture

Management Consulting

Creative Services

Professional Services

Relevant Teams

Legal

Finance

Procurement

Operations

Human Resources

Professional Services

Contract Management

Compliance

Risk Management

Business Development

Client Services

Project Management

Relevant Roles

Consultant

Lawyer

Accountant

Financial Advisor

IT Consultant

Business Analyst

Marketing Consultant

Management Consultant

Professional Service Provider

Independent Contractor

Project Manager

Creative Director

Technical Advisor

Healthcare Consultant

Engineering Consultant

Strategic Advisor

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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