The Consultant Retainer Agreement serves as a foundational document for establishing long-term consulting relationships in the United States. This agreement is essential when a business requires ongoing access to specialized expertise without the commitment of full-time employment. It addresses key aspects such as service scope, payment terms, confidentiality, and intellectual property rights, while ensuring compliance with both federal and state regulations regarding independent contractor status. The document is particularly valuable for businesses seeking to maintain consistent access to professional services while clearly defining the parameters of the consulting relationship.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the consulting arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Termination: Duration of agreement and termination conditions
6. Compensation: Payment terms, rates, and billing procedures
7. Independent Contractor Status: Clarification of relationship between parties
8. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Statements of fact and promises made by both parties
11. Limitation of Liability: Limits on liability and indemnification provisions
12. General Provisions: Miscellaneous legal provisions including governing law, notices, and amendments
1. Non-Compete: Restrictions on competitive activities during and after the engagement
2. Insurance Requirements: Specific insurance coverage requirements for the consultant
3. Equipment and Resources: Provisions regarding tools, equipment, and resources provided by either party
4. Data Protection and Privacy: Specific provisions for handling personal and sensitive data
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
1. Schedule A - Scope of Services: Detailed breakdown of services to be provided by the consultant
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project
4. Appendix 1 - Insurance Requirements: Specific insurance requirements and coverage limits
5. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements
Relevant legal definitions
Clauses
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