Freelance Retainer Contract Template for New Zealand

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Key Requirements PROMPT example:

Freelance Retainer Contract

"I need a Freelance Retainer Contract for a digital marketing consultant who will provide 20 hours of services monthly, starting March 1, 2025, with a focus on social media management and content creation, including strict confidentiality provisions due to our work in the financial sector."

Document background
The Freelance Retainer Contract is designed for situations where a business requires regular, ongoing access to a freelancer's professional services without establishing an employment relationship. This document is particularly relevant in the New Zealand business environment where flexible working arrangements are increasingly common. The contract addresses critical elements required under New Zealand law, including clear contractor status definition, GST considerations, and intellectual property rights. It provides a structured framework for managing recurring services, establishing payment terms, defining service levels, and protecting both parties' interests. The agreement is suitable for various professional services and can be customized to accommodate different retainer models, from fixed monthly hours to project-based arrangements.
Suggested Sections

1. Parties: Identification of the contracting parties - the client and the freelancer (including business names, company numbers if applicable, and addresses)

2. Background: Context of the agreement, including the client's business, freelancer's expertise, and intention to enter into a retainer arrangement

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

4. Engagement and Scope: Specification of the freelancer's engagement as an independent contractor and general scope of services

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

6. Retainer Terms: Details of the monthly/periodic retainer arrangement, including minimum hours, rollover policies, and additional hour rates

7. Payment Terms: Retainer fee amount, payment schedule, invoicing process, and handling of additional costs

8. Service Delivery: Standards of service, response times, delivery methods, and quality expectations

9. Contractor Status: Clear statement of independent contractor status and relationship between parties

10. Intellectual Property: Ownership and transfer of intellectual property created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when the freelancer has access to sensitive competitive information

2. Non-Solicitation: Prevents freelancer from soliciting client's customers or employees, used in client-facing roles

3. Insurance Requirements: Specific insurance coverage requirements, used for high-risk or regulated industries

4. Performance Metrics: Specific KPIs and performance measurement criteria, used when quantifiable outcomes are essential

5. Equipment and Resources: Provisions regarding tools, software, or equipment provided by either party, used when specific resources are required

6. Substitute Services: Terms for providing substitute personnel or subcontracting, used when service continuity is critical

7. Data Protection: Additional privacy and data handling requirements, used when dealing with sensitive personal data

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services covered under the retainer

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of retainer fees, hourly rates, and additional charges

3. Schedule 3 - Service Level Agreement: Specific performance standards, response times, and delivery specifications

4. Schedule 4 - Approved Additional Services: List of pre-approved additional services and their respective rates

5. Appendix A - Project Brief Template: Standard template for defining specific project requirements under the retainer

6. Appendix B - Report Templates: Templates for regular reporting and documentation requirements

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

Professional Services

Information Technology

Digital Marketing

Creative Industries

Management Consulting

Business Advisory

Media and Communications

Software Development

Content Creation

Design Services

Financial Services

Education and Training

Technical Writing

Legal Services

Market Research

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Marketing

Information Technology

Project Management Office

Communications

Business Development

Strategy

Creative Services

Relevant Roles

Freelance Consultant

Independent Contractor

Digital Marketing Specialist

Graphic Designer

Software Developer

Content Writer

Business Analyst

Project Manager

Social Media Manager

Technical Consultant

UX/UI Designer

Marketing Strategist

Financial Advisor

Training Consultant

IT Specialist

Legal Consultant

Communications Specialist

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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