Monthly Retainer Consulting Agreement Template for United States

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Key Requirements PROMPT example:

Monthly Retainer Consulting Agreement

"I need a Monthly Retainer Consulting Agreement for my technology consulting firm to provide ongoing software development advisory services to a healthcare startup, with a retainer of $10,000 per month starting March 1, 2025, including strong IP protection clauses and data privacy provisions."

Document background
The Monthly Retainer Consulting Agreement is essential for businesses and consultants seeking to establish long-term professional relationships with predictable fee structures. This agreement, commonly used in the United States, provides clarity on service scope, payment terms, and professional obligations while ensuring compliance with federal and state contractor regulations. It's particularly useful when services are needed on a regular, ongoing basis and includes provisions for confidentiality, intellectual property rights, and termination conditions.
Suggested Sections

1. Parties: Identification and details of the consultant and client

2. Background: Context and purpose of the consulting arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Payment Terms: Retainer amount, payment schedule, and expenses

6. Term and Termination: Duration and conditions for ending the agreement

7. Confidentiality: Protection of confidential information and trade secrets

8. Intellectual Property: Ownership and rights to work products and existing IP

9. Independent Contractor Status: Clarification of relationship between parties

10. Representations and Warranties: Statements of fact and promises by both parties

11. Limitation of Liability: Boundaries of liability and indemnification

12. General Provisions: Miscellaneous legal provisions including governing law, notices, and amendments

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the agreement term

2. Force Majeure: Provisions for unforeseeable circumstances preventing performance

3. Insurance Requirements: Specific insurance coverage requirements for the consultant

4. Data Protection: Specific provisions for handling personal and sensitive data

5. Dispute Resolution: Specific procedures for resolving disputes including mediation or arbitration

Suggested Schedules

1. Schedule A - Services Description: Detailed breakdown of consulting services and deliverables

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment terms, and expense policies

3. Schedule C - Key Personnel: List of key personnel involved in service delivery and their roles

4. Schedule D - Service Levels: Specific performance metrics and service level expectations

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

Clauses
Industries

Labor Classification Laws: Including Fair Labor Standards Act (FLSA), IRS guidelines on independent contractor vs. employee classification, and state-specific worker classification laws

Contract Law: State-specific contract laws, Uniform Commercial Code (UCC) principles, and Statute of Frauds requirements

Intellectual Property Laws: Copyright Act, Patent Act, Trade Secrets Protection Acts, and state IP laws

Tax Laws: Internal Revenue Code, state tax regulations, and Form 1099 requirements

Privacy and Data Protection: State data privacy laws, industry-specific regulations, and GDPR compliance considerations (if dealing with EU data)

Professional Liability: State professional liability laws and industry-specific regulations

Non-Compete and Non-Disclosure: State-specific restrictions on non-compete agreements and trade secret protection laws

Insurance Requirements: State insurance regulations and professional liability insurance requirements

Dispute Resolution: State arbitration laws and Federal Arbitration Act

Termination Provisions: State-specific notice requirements and contract termination laws

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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