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Contractor Retainer Agreement

Contractor Retainer Agreement Template for Germany

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Key Requirements PROMPT example:

Contractor Retainer Agreement

"I need a Contractor Retainer Agreement for a software development consultant who will provide 15 hours per week of technical advisory services starting March 2025, with strict confidentiality provisions and the ability to use pre-approved substitutes when needed."

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Document background
This Contractor Retainer Agreement is designed for use under German law when a company requires regular access to a contractor's professional services on an ongoing basis. The document is particularly useful when the company wants to secure priority access to the contractor's time and expertise while maintaining the contractor's independent status. It includes essential provisions required under German law regarding service provision (Dienstleistung), payment terms, and contractor classification, while carefully avoiding elements that could suggest an employment relationship. The agreement addresses key aspects such as retainer fees, service commitments, intellectual property rights, and data protection obligations, making it suitable for various professional service arrangements while ensuring compliance with German legal requirements for independent contractor relationships.
Suggested Sections

1. Parties: Identification of the contracting company and the contractor, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement and confirmation of the contractor's independent status

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Service Period', and other relevant terminology

4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement, including any minimum service commitments

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, invoicing requirements, and any additional fee arrangements

7. Independent Contractor Status: Clear statement of the contractor's independent status and provisions to avoid employment relationship implications

8. Service Standards: Quality standards, performance expectations, and delivery requirements for the services

9. Intellectual Property Rights: Ownership and usage rights of any work product created during the service provision

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Liability and Insurance: Limitation of liability, required insurance coverage, and indemnification provisions

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on competing activities during and after the agreement term - include only if specifically required and ensure compliance with German competition law

2. Equipment and Resources: Provisions regarding tools, equipment, or resources provided by either party - include if specific arrangements are needed

3. Substitute Performance: Rights and conditions for the contractor to use subcontractors or substitutes - include if substitute performance is permitted

4. Minimum Service Guarantee: Specific commitments regarding minimum service availability or response times - include for critical service arrangements

5. Compliance with Specific Regulations: Additional regulatory compliance requirements - include if the services are in regulated industries

6. Training and Certification: Requirements for maintaining specific qualifications or certifications - include if relevant to the services

7. Service Level Agreement: Detailed performance metrics and standards - include for technical or specialized services

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and performance requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, additional charges, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

5. Appendix A - Required Qualifications: List of required certifications, qualifications, or experience

6. Appendix B - Approved Subcontractors: List of pre-approved substitutes or subcontractors if applicable

7. Appendix C - Company Policies: Relevant company policies the contractor must comply with

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Retainer Fee
Additional Fees
Service Period
Effective Date
Initial Term
Renewal Term
Business Day
Confidential Information
Client Materials
Deliverables
Intellectual Property Rights
Work Product
Service Location
Company Policies
Professional Standards
Service Levels
Substitute
Force Majeure Event
Applicable Laws
Data Protection Laws
Personal Data
VAT
Change Request
Service Hours
Response Time
Company Representative
Contractor Representative
Minimum Service Commitment
Quality Standards
Project
Approved Expenses
Background IP
Foreground IP
Competitive Business
Territory
Emergency Services
Regular Reports
Performance Metrics
Acceptance Criteria
Relevant Industries

Information Technology

Management Consulting

Professional Services

Creative Industries

Engineering

Financial Services

Healthcare

Education and Training

Marketing and Advertising

Legal Services

Business Advisory

Research and Development

Technical Services

Digital Media

Construction

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Project Management Office

Business Development

Contract Management

Risk Management

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Finance Director

Compliance Officer

Department Head

Managing Director

Chief Operating Officer

Business Development Manager

Contract Manager

Resource Manager

Chief Financial Officer

General Counsel

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code, particularly §§ 611-630 governing service contracts (Dienstvertrag) and §§ 631-651 covering work contracts (Werkvertrag), which form the legal basis for contractor agreements
Statusfeststellungsverfahren: Status Determination Procedure regulations that help determine whether a person is truly self-employed or should be classified as an employee
Sozialgesetzbuch IV (SGB IV): German Social Security Code, specifically §7 defining employment relationships and distinguishing between employees and independent contractors
Handelsgesetzbuch (HGB): German Commercial Code, particularly relevant for commercial agents and business relationships between companies and contractors
Umsatzsteuergesetz (UStG): German Value Added Tax Act, governing VAT obligations for self-employed contractors
Datenschutz-Grundverordnung (DSGVO): General Data Protection Regulation (GDPR) implementation in Germany, relevant for handling personal data in the contractor relationship
Arbeitnehmer-Entsendegesetz (AEntG): Posted Workers Act, particularly relevant if the contractor is from another EU country or if services are provided across borders
Mindestlohngesetz (MiLoG): Minimum Wage Act, which might be relevant in certain contractor relationships to ensure compliance with minimum compensation requirements
Gewerbeordnung (GewO): German Trade Regulation Act, governing commercial and industrial activities of independent contractors
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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