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Freelance Retainer Contract

Freelance Retainer Contract Template for Netherlands

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Key Requirements PROMPT example:

Freelance Retainer Contract

"I need a Freelance Retainer Contract for a senior software developer who will work remotely from the Netherlands for my tech startup, providing 120 hours per month starting March 2025, with specific IP protection clauses and the ability to work on multiple projects simultaneously."

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Document background
The Freelance Retainer Contract is essential for businesses operating in the Netherlands that require ongoing professional services from independent contractors on a regular basis. This document is specifically designed to comply with Dutch legislation, particularly the Wet DBA (Deregulering Beoordeling Arbeidsrelaties), while providing a stable framework for long-term freelance engagements. It's particularly relevant when companies need consistent access to specialized skills without creating an employment relationship. The contract includes crucial elements such as KvK verification, VAT handling, clear independence markers, and specific service delivery terms, making it suitable for various professional services while maintaining compliance with Dutch freelance regulations. This type of agreement is increasingly important in the modern Dutch economy where flexible work arrangements are common but must be carefully structured to meet regulatory requirements.
Suggested Sections

1. Parties: Identification of the client and freelancer, including registration numbers with Dutch Chamber of Commerce (KvK)

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

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Retainer Period'

4. Scope of Services: Description of services to be provided, including minimum hours/days per month

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

6. Fees and Payment Terms: Monthly retainer amount, VAT treatment, payment schedule, and expense policies

7. Service Delivery: Performance standards, availability requirements, and delivery specifications

8. Independent Contractor Status: Clear stipulation of freelancer's independent status, control over work methods, and ability to work for others

9. Intellectual Property: Ownership and transfer of work products created during the engagement

10. Confidentiality: Protection of confidential information exchanged during the engagement

11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

12. Insurance: Required insurance coverage to be maintained by the freelancer

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

Optional Sections

1. Non-Competition: Restrictions on working with competitors, only included if specifically negotiated and limited in scope to comply with Dutch law

2. Data Protection: AVG/GDPR compliance provisions, required if personal data will be processed

3. Equipment and Resources: Provisions regarding tools and resources provided by either party

4. Performance Reviews: Framework for periodic evaluation of services, if regular reviews are desired

5. Substitute Provision: Right to provide substitute freelancer, strengthening independent contractor status

6. Training and Development: Provisions for professional development if part of the arrangement

7. Force Majeure: Provisions for unforeseen circumstances preventing service delivery

8. Exit Arrangements: Detailed procedures for contract termination and knowledge transfer

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for extra work, and expense categories

3. Schedule 3 - Key Contacts: List of primary contacts and escalation procedures for both parties

4. Schedule 4 - Service Level Requirements: Specific performance standards and response times if applicable

5. Appendix A - Compliance Declaration: Freelancer's declaration of compliance with Dutch regulations including DBA requirements

6. Appendix B - Insurance Certificates: Copies of required insurance policies

7. Appendix C - Data Processing Agreement: Required if personal data processing is involved, ensuring AVG/GDPR compliance

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
Deliverables
Retainer Fee
Retainer Period
Additional Services
Business Day
Commencement Date
Confidential Information
Client Materials
Force Majeure Event
Intellectual Property Rights
KvK
Project
Service Levels
Substitute
Term
VAT
Working Hours
Work Product
Client Group
Client Representative
Freelancer's Business
Good Industry Practice
Moral Rights
Personal Data
Personnel
Professional Standards
Quarter
Related Persons
Scope of Work
Service Location
Termination Date
Time Records
DBA Declaration
Expenses
Insurance Policies
Milestone
Payment Period
Quality Standards
Clauses
Interpretation
Appointment
Term
Services
Service Delivery
Independent Contractor Status
Fees and Payment
Expenses
VAT
Time Records
Performance Standards
Client Obligations
Freelancer Obligations
Substitute Rights
Equipment and Resources
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Notice
Assignment
Severability
Entire Agreement
Variation
Third Party Rights
Waiver
Governing Law
Jurisdiction
Regulatory Compliance
Dispute Resolution
Anti-Corruption
Record Keeping
Audit Rights
Relevant Industries

Information Technology

Management Consulting

Creative Industries

Marketing and Communications

Professional Services

Financial Services

Healthcare

Education and Training

Engineering

Media and Entertainment

Research and Development

Technical Writing

Business Development

Project Management

Digital Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Vendor Management

Business Development

Resource Planning

Relevant Roles

Freelance Consultant

Independent Software Developer

Contract Project Manager

Freelance Marketing Specialist

Independent Business Analyst

Contract UX Designer

Freelance Content Strategist

Independent Financial Advisor

Contract Research Analyst

Freelance Digital Marketing Expert

Independent IT Architect

Contract Training Specialist

Freelance Technical Writer

Independent Strategy Consultant

Contract Data Scientist

Industries
Dutch Civil Code (Burgerlijk Wetboek): The primary source of contract law in the Netherlands, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts). This governs contract formation, validity, and enforcement.
Wet Deregulering Beoordeling Arbeidsrelaties (DBA): Law that regulates the assessment of employment relationships, crucial for establishing genuine freelance status versus disguised employment.
Wet op de omzetbelasting 1968 (VAT Law): Regulates VAT obligations for freelancers, including charging, collecting, and remitting VAT on services provided.
Algemene verordening gegevensbescherming (AVG/GDPR): The Dutch implementation of GDPR, relevant if personal data is processed as part of the contract.
Wet werk en zekerheid (WWZ): While primarily focused on employment law, it's relevant to ensure the contract doesn't inadvertently create an employment relationship.
Handelsregisterwet 2007: Requires freelancers to register with the Chamber of Commerce (KvK), which should be verified in the contract.
Wet op de identificatieplicht: Identification law requiring verification of identity, relevant for proper contract documentation.
Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft): Anti-money laundering regulations that may apply depending on the nature and value of services.
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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