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Retainer Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Retainer Fee Agreement

"I need a Retainer Fee Agreement for my management consulting firm to provide monthly strategic advisory services to a mid-sized technology company, starting January 2025, with specific provisions for virtual consultations and intellectual property protection."

Document background
The Retainer Fee Agreement is essential for establishing long-term professional service relationships in the Australian market. This document is typically used when a client requires regular access to professional services and wants to secure priority attention, predictable pricing, and guaranteed availability. The agreement covers crucial elements including service scope, fee structure, payment terms, and service levels, while ensuring compliance with Australian legislation including the Competition and Consumer Act 2010 and relevant professional regulations. It's particularly valuable for ongoing advisory relationships, regular consulting needs, or continuous professional support services.
Suggested Sections

1. Parties: Identifies the service provider and client with full legal names and relevant details

2. Background: Outlines the context of the agreement and the parties' intention to enter into a retainer arrangement

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

4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement

5. Retainer Fee and Payment Terms: Specifies the retainer amount, payment schedule, and billing procedures

6. Service Provider's Obligations: Details the obligations and responsibilities of the service provider

7. Client's Obligations: Outlines the client's responsibilities and requirements for cooperation

8. Term and Renewal: Specifies the duration of the agreement and any renewal provisions

9. Termination: Sets out the circumstances and procedures for ending the agreement

10. Confidentiality: Provisions for handling confidential information

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

12. Liability and Indemnification: Defines the extent of liability and indemnification obligations

13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Professional Insurance: Details of professional indemnity insurance coverage - include if required by industry regulations or client request

2. Service Levels: Specific performance metrics and service standards - include for technical or ongoing operational services

3. Dispute Resolution: Detailed procedures for handling disputes - include for high-value or complex service arrangements

4. Non-Solicitation: Prevents parties from hiring each other's employees - include where significant team interaction is involved

5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical service arrangements

6. Data Protection: Specific provisions for handling personal or sensitive data - include when services involve significant data processing

7. Expenses: Detailed provisions for handling additional expenses - include when significant out-of-pocket expenses are expected

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed fee structure, including rates for additional services beyond the retainer

3. Schedule 3 - Service Level Agreement: Specific performance metrics and service standards if applicable

4. Schedule 4 - Key Personnel: List of key team members and their roles if specific personnel are material to the agreement

5. Appendix A - Required Forms: Standard forms for service requests, reporting, or other routine communications

6. Appendix B - Compliance Requirements: Specific regulatory or professional requirements applicable to the services

Authors

Alex Denne

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

Relevant legal definitions

























Clauses

























Relevant Industries

Legal Services

Professional Services

Management Consulting

IT Services

Marketing and Advertising

Accounting and Financial Services

Business Advisory

Creative Services

Engineering Services

Human Resources Services

Relevant Teams

Legal

Finance

Procurement

Operations

Business Development

Compliance

Risk Management

Professional Services

Account Management

Project Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Finance Director

Operations Manager

Professional Services Director

Account Manager

Project Manager

Risk Manager

Compliance Officer

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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