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Flat Fee Retainer Agreement for the United Kingdom

Flat Fee Retainer Agreement Template for England and Wales

A Flat Fee Retainer Agreement is a legally binding contract governed by the laws of England and Wales, establishing a fixed-fee arrangement between a service provider and client. The agreement outlines the scope of services, payment terms, and duration of the retainer relationship, providing certainty in costs for both parties. It includes specific provisions for service delivery, performance standards, and termination rights, while ensuring compliance with English law requirements for service contracts.

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What is a Flat Fee Retainer Agreement?

The Flat Fee Retainer Agreement serves as a fundamental document for establishing ongoing professional relationships with predictable costs. This agreement, governed by English and Welsh law, is particularly useful when clients require regular access to professional services while maintaining budget certainty. It typically includes detailed service specifications, fixed payment terms, service levels, and duration of engagement. The document is commonly used by professional service providers who wish to offer their clients cost certainty while ensuring a steady revenue stream.

What sections should be included in a Flat Fee Retainer Agreement?

1. Parties: Identifies and defines the contracting parties

2. Background: Sets out context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the scope of services to be provided under the retainer

5. Fees and Payment: Specifies retainer amount, payment terms and schedule

6. Term and Termination: Defines duration of the agreement and termination provisions

7. Obligations of the Parties: Lists key responsibilities of each party

8. Confidentiality: Sets out confidentiality obligations and restrictions

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

1. Data Protection: Details compliance with GDPR and Data Protection Act requirements when handling personal data

2. Intellectual Property: Addresses ownership and usage rights of any materials created during the engagement

3. Force Majeure: Provisions for handling unforeseen circumstances preventing performance

4. Anti-Bribery: Compliance provisions relating to anti-corruption laws and regulations

What schedules should be included in a Flat Fee Retainer Agreement?

1. Schedule of Services: Detailed breakdown of services covered by the retainer

2. Fee Schedule: Detailed breakdown of fees and payment structure

3. Service Levels: Performance metrics and standards for service delivery

4. Key Personnel: List of key team members and their roles in delivering the services

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

England and Wales

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Relevant legal definitions


























Clauses


























Industries

Supply of Goods and Services Act 1982: Core legislation governing service contracts, requiring services to be provided with reasonable care and skill, addressing timing of service delivery and payment terms

Consumer Rights Act 2015: Legislation protecting consumer rights, covering fairness of contract terms, transparency requirements, and consumer protection provisions when client is an individual rather than business

Unfair Contract Terms Act 1977: Regulates reasonableness of liability limitations, exclusion clauses, and overall fairness of contractual terms

Late Payment of Commercial Debts (Interest) Act 1998: Governs payment terms and interest charges on late payments in commercial transactions

GDPR and Data Protection Act 2018: Regulations concerning data handling, privacy considerations, and data security obligations in contractual relationships

Money Laundering Regulations 2017: Specifies client due diligence requirements and record keeping obligations for regulated services

Professional Regulations: Industry-specific regulations such as SRA for legal services or FCA for financial services, including relevant codes of conduct

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third-party rights should be addressed in contractual agreements

Limitation Act 1980: Establishes time limits for claims and influences contract duration considerations

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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