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Retainer Fee Agreement for Switzerland

Retainer Fee Agreement Template for Switzerland

A Swiss law-governed Retainer Fee Agreement is a formal contract that establishes an ongoing professional service relationship where the client agrees to pay a regular fee in exchange for guaranteed access to specified professional services. The agreement complies with Swiss Code of Obligations requirements, particularly focusing on mandate contract provisions (Articles 394-406 CO). It details the scope of services, payment terms, obligations of both parties, and includes specific provisions required under Swiss law. The document ensures clarity in the professional relationship while maintaining flexibility for various service arrangements.

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What is a Retainer Fee Agreement?

The Retainer Fee Agreement is essential for establishing long-term professional service relationships under Swiss law. It is commonly used when a client requires regular access to professional services and prefers a predetermined fee structure rather than ad-hoc billing. The agreement provides certainty of service availability while giving the service provider a stable income stream. Governed by Swiss law, particularly the Swiss Code of Obligations' mandate provisions, this agreement type is widely used across professional services sectors. The document typically includes detailed service descriptions, fee structures, payment terms, and specific provisions required by Swiss law. It's particularly valuable for ongoing advisory relationships, regular consulting arrangements, or sustained professional support services where consistent access to expertise is required.

What sections should be included in a Retainer Fee Agreement?

1. Parties: Identification and details of the service provider and client

2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services covered under the retainer

5. Retainer Fee Structure: Amount, payment schedule, and what is included/excluded in the retainer fee

6. Payment Terms: Billing procedures, payment methods, and timing

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Term and Renewal: Duration of the agreement and renewal provisions

10. Termination: Conditions and procedures for ending the agreement

11. Confidentiality: Protection of confidential information exchanged during the engagement

12. Intellectual Property: Ownership and rights to work products created during the engagement

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Retainer Fee Agreement?

1. Non-Competition: Include when the service provider should be restricted from working with competing clients

2. Data Protection: Include when personal data processing is involved, especially for compliance with Swiss data protection laws

3. Insurance: Include when specific insurance coverage requirements need to be maintained

4. Force Majeure: Include when there's a need to address unforeseeable circumstances preventing performance

5. Assignment: Include when transfer of rights needs to be specifically regulated

6. Notices: Include when formal communication procedures need to be established

7. Conflict Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are preferred over court litigation

What schedules should be included in a Retainer Fee Agreement?

1. Schedule A - Detailed Service Description: Comprehensive list and description of services covered under the retainer

2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expense categories

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

4. Schedule D - Key Personnel: List of key team members assigned to provide the services

5. Appendix 1 - Reporting Template: Standard format for regular service reports and time tracking

6. Appendix 2 - Communication Protocol: Procedures for routine communications and escalations

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

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses








































Relevant Industries

Legal Services

Consulting

Professional Services

Marketing and Advertising

IT Services

Financial Services

Business Advisory

Creative Services

Healthcare

Engineering

Architecture

Public Relations

Management Consulting

Technical Services

Relevant Teams

Legal

Finance

Business Development

Client Relations

Operations

Compliance

Contract Administration

Professional Services

Account Management

Service Delivery

Relevant Roles

Managing Partner

Chief Legal Officer

General Counsel

Business Development Manager

Account Manager

Professional Services Director

Client Relations Manager

Finance Director

Contract Manager

Operations Manager

Legal Counsel

Compliance Officer

Service Delivery Manager

Managing Director

Chief Financial Officer

Chief Operating Officer

Professional Services Consultant

Senior Partner

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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