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Freelance Retainer Contract
"I need a Freelance Retainer Contract for a digital marketing consultant who will provide 60 hours of service per month starting March 2025, including social media management and content creation, with specific provisions for intellectual property rights and performance metrics."
1. Parties: Identification of the client and the freelancer, including full legal names, registration numbers (if applicable), and physical addresses
2. Background: Context of the agreement, nature of the client's business, and freelancer's expertise
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Retainer Fee', etc.
4. Appointment and Status: Confirmation of freelancer appointment and explicit independent contractor status
5. Services: Overview of services to be provided under the retainer arrangement
6. Term and Termination: Duration of the retainer agreement and termination provisions
7. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, invoicing process, and expense policies
8. Service Levels: Expected availability, response times, and performance standards
9. Intellectual Property Rights: Ownership and rights to work produced during the retainer period
10. Confidentiality: Protection of confidential information and trade secrets
11. Obligations of the Freelancer: Key responsibilities, quality standards, and professional conduct requirements
12. Obligations of the Client: Client's responsibilities including providing necessary information and access
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Non-Compete: Restrictions on working with competitors, used when freelancer has access to sensitive competitive information
2. Data Protection: POPIA compliance provisions, required when personal information processing is involved
3. Insurance: Professional indemnity and other insurance requirements, important for high-risk services
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
5. Change Control: Process for changing scope or services, useful for complex or evolving engagements
6. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value contracts
7. Assignment and Subcontracting: Rules about transferring rights or using subcontractors, important for larger projects
8. Compliance with Laws: Specific regulatory compliance requirements, necessary in regulated industries
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fee, hourly rates for extra work, and expense policies
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards
4. Schedule 4 - Key Personnel: Names and roles of key team members if applicable
5. Appendix A - Reporting Templates: Standard formats for activity reports and time tracking
6. Appendix B - Client Policies: Relevant client policies the freelancer must comply with
Authors
Services
Deliverables
Retainer Fee
Additional Services
Commencement Date
Confidential Information
Client Materials
Intellectual Property Rights
Client
Contractor
Term
Service Levels
Business Day
Force Majeure Event
Good Industry Practice
Monthly Report
Project
Scope of Work
Specifications
Territory
VAT
Work Product
Key Personnel
Service Hours
Response Time
Client Group
Fees
Expenses
Payment Terms
Notice Period
Termination Date
Applicable Laws
Completion Criteria
Quality Standards
Progress Report
Designated Representative
Background IP
Foreground IP
Commercially Sensitive Information
Personal Information
Interpretation
Appointment
Independent Contractor Status
Term
Services
Service Levels
Fees and Payment
Invoicing
Expenses
Performance Standards
Reporting
Client Obligations
Contractor Obligations
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Tax Compliance
Anti-Corruption
Health and Safety
Change Control
Technology
Marketing and Advertising
Professional Services
Media and Entertainment
Financial Services
Education
Healthcare
Construction
Consulting
Creative Industries
Real Estate
Software Development
Digital Services
Legal
Human Resources
Procurement
Operations
Finance
Project Management
Business Development
Marketing
Information Technology
Compliance
Administration
Legal Counsel
HR Manager
Procurement Manager
Operations Director
Finance Manager
Project Manager
Business Development Manager
Creative Director
Marketing Manager
IT Manager
Freelance Consultant
Independent Contractor
Department Head
Chief Operating Officer
Chief Financial Officer
Small Business Owner
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