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Retainer Agreement for Australia

Retainer Agreement Template for Australia

An Australian Retainer Agreement is a legally binding contract that establishes an ongoing professional relationship between a service provider and a client. It sets out the terms and conditions under which regular services will be provided, including scope, fees, duration, and service levels. The agreement complies with Australian federal and state laws, including the Australian Consumer Law and relevant professional services regulations. It typically includes provisions for regular billing, service delivery standards, confidentiality, intellectual property rights, and termination conditions.

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What is a Retainer Agreement?

This Retainer Agreement template is designed for use in Australian jurisdictions where a business or professional seeks to establish a formal, ongoing service arrangement with a client. The document is particularly suited for situations where services are provided on a regular or recurring basis, rather than as one-off transactions. A Retainer Agreement typically includes detailed provisions about service scope, payment terms, performance standards, and professional obligations, ensuring compliance with Australian Consumer Law and relevant industry regulations. It's commonly used by professional service providers, consultants, and advisors who wish to secure long-term client relationships while clearly defining their service obligations and payment terms. The agreement provides flexibility to accommodate various service arrangements while maintaining legal enforceability under Australian law.

What sections should be included in a Retainer Agreement?

1. Parties: Identifies and defines the service provider and the client, including full legal names, ABNs, and registered addresses

2. Background: Outlines the context of the agreement, including the client's needs and service provider's capabilities

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Term and Commencement: Specifies the duration of the retainer agreement and start date, including any initial term and renewal provisions

5. Scope of Services: Clearly defines the services to be provided under the retainer, including any service levels or performance standards

6. Fees and Payment Terms: Details the retainer fee structure, payment schedule, invoicing process, and payment methods

7. Service Provider's Obligations: Lists the specific duties, responsibilities, and commitments of the service provider

8. Client's Obligations: Outlines the client's responsibilities, including provision of information and access required for service delivery

9. Intellectual Property: Addresses ownership and usage rights of any IP created during the service provision

10. Confidentiality: Defines confidential information and obligations regarding its protection and non-disclosure

11. Termination: Specifies circumstances and procedures for ending the agreement, including notice periods

12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement

What sections are optional to include in a Retainer Agreement?

1. Service Levels: Include when specific performance metrics or service standards need to be met and measured

2. Key Personnel: Add when specific individuals are crucial to service delivery and need to be named in the agreement

3. Non-Solicitation: Include to prevent either party from hiring the other's employees or contractors

4. Insurance: Add when specific insurance requirements need to be maintained by either party

5. Data Protection: Include when personal data processing is involved in service delivery

6. Force Majeure: Add when specific provisions for unforeseen circumstances need to be detailed

7. Dispute Resolution: Include when specific dispute resolution procedures beyond standard court proceedings are desired

8. Change Management: Add when formal processes for changing scope or services need to be defined

What schedules should be included in a Retainer Agreement?

1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of services, deliverables, and any excluded services

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms including any variable components

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

4. Schedule 4 - Key Personnel: Details of key team members, their roles, and replacement procedures

5. Appendix A - Communication Protocol: Procedures for routine communications, reporting, and escalation paths

6. Appendix B - Change Request Form: Template for requesting and documenting changes to services or terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions










































Clauses








































Relevant Industries

Legal Services

Consulting

Professional Services

Information Technology

Marketing and Advertising

Financial Services

Business Advisory

Healthcare

Engineering

Architecture

Creative Services

Human Resources

Relevant Teams

Legal

Finance

Operations

Business Development

Compliance

Risk Management

Professional Services

Account Management

Executive Leadership

Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Financial Officer

Managing Director

Professional Services Manager

Consultant

Account Manager

Chief Executive Officer

Operations Manager

Practice Manager

Risk Manager

Compliance Officer

Finance Director

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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