What’s Included in the Retainer Agreement
- Party Identification – The agreements will identify the client and the person hired to provide those services (the freelancer).
- Effective Date – The “effective date” refers to the date both parties become legally bound to obligations established under the retainer agreement.
- Services – The service description allows the parties to clearly define the freelancer’s role and detail their responsibilities.
- Term – The term is the period in which the freelancer agrees to provide services.
- Compensation – A retainer agreement explains how much and by what means the freelancer will be compensated. The compensation terms also establish the amount of the upfront retainer fee.
- Termination – The rules for how the freelancer or client can terminate the contract before the end of the agreed-upon term.
Benefits of Using a Retainer
There are various reasons why freelancers might find a retainer more beneficial than a traditional, one-off service contract.Some of the benefits of a retainer include:
- Financial Stability – Because the retainer fee is an assured source of regular income, the freelancer can worry less about finding new clients to make ends meet.
- Better Client Experience – Retainer agreements typically last longer than standard service contracts. As a consequence, the freelancer can devote more time to each client and provide better service.
- Effective Planning – A retainer agreement allows freelancers to accurately predict and budget monthly expenses. It also enables them to arrange their work schedule more effectively.
Sample
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FREELANCE RETAINER AGREEMENT
This Retainer Agreement (“Agreement”) is by and between [SERVICE PROVIDER’S NAME], hereafter referred to as the “Service Provider,” and [CLIENT’S NAME], hereafter referred to as the “Client.”
1. SERVICES. The Service Provider agrees to provide the following services to the Client: [REQUESTED SERVICES]. (“Services”).
2. COMPENSATION. In consideration for the Services to be provided, the Client agrees to pay the Service Provider $[AMOUNT] per hour.
3. RETAINER. As an advance on future Services to be provided, the Client is required to pay the Service Provider a retainer in the amount of $[AMOUNT] every ☐ week ☐ month ☐ quarter, beginning on [DATE] (“Retainer”). The Retainer is: (check one)
☐ – Refundable.
☐ – Non-refundable.
4. NON-DISCLOSURE. The Service Provider agrees not to disclose or misuse the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.
5. EXPENSES. The Client shall only be responsible for the following expenses: [LIST EXPENSES TO BE PAID BY CLIENT].
6. INDEPENDENT CONTRACTOR STATUS. The Service Provider is an independent contractor, and neither the Service Provider nor their employees or contract personnel are or shall be deemed the Client’s employees.
7. TERMINATION. Either party may terminate this Contract upon [#] days’ written notice.
IN WITNESS WHEREOF, the parties have executed this Agreement on [MM/DD/YYYY].
Service Provider’s Signature: ____________________
[SERVICE PROVIDER PRINTED NAME]
Client’s Signature: ____________________
[CLIENT PRINTED NAME]