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Consultant Retainer Agreement

Consultant Retainer Agreement Template for Denmark

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Consultant Retainer Agreement

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Document background
The Consultant Retainer Agreement is designed for situations where a business requires regular access to professional consulting services on an ongoing basis. This document, governed by Danish law, establishes a framework for a continuing professional relationship where the consultant provides agreed services in exchange for a regular retainer fee. It is particularly useful when companies need consistent access to expertise without committing to full-time employment relationships. The agreement includes essential elements such as service scope, payment terms, confidentiality provisions, and compliance with Danish regulations including GDPR, while remaining flexible enough to accommodate various consulting arrangements. It serves as a foundational document for long-term consulting relationships, providing clarity on expectations, deliverables, and legal obligations for both parties.
Suggested Sections

1. Parties: Identification of the client and consultant, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of consultant and general scope of services

5. Term and Termination: Duration of the retainer agreement and termination provisions

6. Consultant's Obligations: Key responsibilities and service standards expected from the consultant

7. Client's Obligations: Client's responsibilities including provision of information and cooperation

8. Retainer Fee and Payment Terms: Monthly/periodic retainer fee, payment schedule, and invoicing requirements

9. Additional Services and Charges: Process for engaging additional services beyond retainer scope and associated fees

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Insurance: Limitation of liability, indemnification, and insurance requirements

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Notices: Communication methods and contact details for formal notices

16. General Provisions: Standard boilerplate clauses including assignment, severability, and entire agreement

17. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction for dispute resolution

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, include when protecting market position is crucial

2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers, use when protecting business relationships is important

3. Service Levels: Specific performance metrics and standards, include when quantifiable service levels are required

4. Compliance: Industry-specific regulatory compliance requirements, include for regulated industries

5. Change Control: Process for changing scope or terms, include for complex or long-term engagements

6. Key Personnel: Identification of specific consultant team members, include when particular expertise is crucial

7. Audit Rights: Client's right to audit consultant's work and records, include for regulated industries or complex projects

8. Business Continuity: Disaster recovery and business continuity requirements, include for critical services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of retained services, delivery methods, and specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fee, rates for additional services, and expenses policy

3. Schedule 3 - Service Levels: Specific performance metrics, reporting requirements, and measurement methods

4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the engagement

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Contact Details: Key contacts and escalation matrix for both parties

7. Appendix A - Required Insurance Coverage: Specific insurance types and coverage levels required

8. Appendix B - Compliance Requirements: Industry-specific compliance requirements and certifications

Authors

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Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): The fundamental law governing contract formation, validity, and enforcement in Denmark. Crucial for establishing the basic framework of the consulting agreement.
Danish Act on Service Relationships (Tjenesteloven): Governs service provision relationships and helps distinguish between employment and independent contractor relationships.
Danish Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Danish law, crucial for handling personal and business data in consulting relationships.
Danish VAT Act (Momsloven): Regulates VAT obligations for consulting services, important for payment terms and invoicing requirements.
Danish Marketing Practices Act (Markedsføringsloven): Contains provisions on business secrets and confidentiality, relevant for protecting client information.
Danish Act on Trade Secrets (Lov om forretningshemmeligheder): Specific protection of trade secrets and confidential business information, crucial for consulting relationships.
Danish Competition Act (Konkurrenceloven): Relevant for non-compete and competition clauses in the consultant agreement.
Danish Bookkeeping Act (Bogføringsloven): Relevant for documentation requirements and record-keeping obligations in business relationships.
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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