Where can I find an example of a retainer agreement?

Question

My new business has a potential client for retainer. I want to produce a professional proposal with a comprehensive agreement but I cannot find an example or template of such an agreement which I can use as a model.

Answer 1

Sample Business Agreement

This document serves as a legal instrument between «FirstName» «LastName», doing business as «ClientCompanyName» hereafter referred to as "you" or "your" and Tina Fox as Fox Virtual Assistants hereafter referred to as "me", "my", or "I". Wherein both parties are referenced the term "our", "we" or "us" shall be applied.

MY ROLE: I am an independent contractor. I am not your employee. I own my business. I pay my taxes, work from my office, use my equipment, set my hours and bill you, my client, for service rendered. Within this Agreement I provide the service of clerical and/or administrative assistance to you for a fee. Note that any written or verbal request for compliance to and accepting deadlines does not in any way indicate you manage my time. I remain an independent contractor self-managing all of my work.

MY FEES: For the purpose herein, your month of service is defined as your months start date to the same date in the following month. Although the first month of service is per retainer, I offer 2 (two) billing options for the duration of our Agreement.

1. RETAINER PROGRAM: Please note that the retainer program has three advantages. One, it secures my availability due to the fact that my practice is expanding and my schedule will fill quickly each month. Two, you receive service at discounted hourly rate. Three, you don't incur a handling fee.

The retainer fee for the first month of service is $«RetainerMonthlyRate» and is due upon signing this Agreement. We have agreed that «RetainerDate» will be your month's start date. In exchange you will receive «HoursPerMonth» hours of service during your month. Any unused hours in your month are not credited. I will never go over these hours without your prior electronic or written consent. For service exceeding «HoursPerMonth» hours, you will be billed on «NextRetainerDueDate» for which PAYMENT TERMS of Net 15 will apply. Your next retainer fee of $«RetainerMonthlyRate» is due «NextRetainerDueDate». The retainer (also $«RetainerMonthlyRate») for each consecutive month will be due on the same day of each month. The retainer program is only for those using at least 10 hours of service monthy.

2. MONTH to MONTH BILLING: I request that you give me at least 5 days notice, should you opt out of the Retainer Program.

Should you choose not to participate in the retainer program after the first month of service, you may begin month to month billing at $«MonthtoMonthHourlyRate» an hour in addition to a $10.00 monthly handling fee. You would receive your first month to month bill on «FirstMonthtoMonthDueDate» for the hours of service from «BillingPeriodDates» and is due per PAYMENT TERMS of Net 15.

RATE INCREASES: I reserve the right to request a fee increase annually but will give a 60-day notice prior to any such increase. Fee increases will take effect 60 days following the date of the notice and are not negotiable. At such time, you may continue receiving my services at the new rate or choose to void this Agreement.

PAYMENT TERMS: NET 15 DAYS - All payments of invoices for fees and/or expenses are due within 15 calendar days of date on invoice. Exception: Retainer Fees are due on the last day of your month as noted above under RETAINER PROGRAM.

RENEWAL: This Agreement is automatically renewed each month for which payment has been received per the fee program in use and PAYMENT TERMS of the agreement. To ensure my availability, please send your payment PROMPTLY.

LATE PAYMENT TERMS/FEE: If retainer fee is not received on due date OR invoices for monthly fees and/or expenses are not received within the 15 (fifteen) calendar days of your month's end date, you will incur a $10.00 late fee. I will give you 1 (one) electronic reminder on the due date or the 15th day and 1 (one) additional day to overnight your payment. If you continually make your payments late (3 times in a year), I reserve the right to void this Agreement and cease doing business. If this situation occurs, you agree all delinquent or late fees and expenses still remain due and payable under the PAYMENT TERMS.

INSUFFICIENT FUNDS: In the event any method used for payment of fees and/or expenses proves non-redeemable or is declared insufficient funds in a US bank or financial institution, you agree to pay all fees charged against my account as a result of this transaction. Upon the second occurrence, I will cease doing business with you and void this Agreement. However you agree to remain liable for any unpaid fees and/or expenses as noted under the terms of COLLECTION below

COLLECTION: In the event I am forced to pursue collection for any unpaid or delinquent fees and/or expenses (per the PAYMENT TERMS of this Agreement), you acknowledge by signing this Agreement that you accept my State of residence as legal venue. Further, you agree to be liable for any and all court costs and/or legal fees and any and all expenses incurred necessary to collect payment on any unpaid or delinquent fees and/or expenses.

EXPENSES: You will be invoiced for expenses incurred on behalf of conducting business for you the last day of your month. This invoice will give you detailed information for each expense and will be your receipt for tax purposes. Expenses are defined as, but not limited to, long distance telephone calls made to you and/or on behalf of you or your business, telebridge or telecommunication fees, fax fees, US Postage or fees, office supplies, purchases made at your direction and on behalf of you or your business, etc. I will not incur an exorbitant expense (dollar amount defined by you - $«ExpenseLimit») without your prior electronic or written consent. Expenses are due within PAYMENT TERMS noted above as Net 15.

TRAVEL: I am willing to travel locally for the purpose of assisting you. All mileage expenses will be paid by you.

VOID AGREEMENT: If at any point our business relationship isn't working to our mutual or individual satisfaction for any reason, we maintain the right to void this Agreement by giving the other party written notice effective upon receipt of notice. To void this Agreement simply means we wish to cease doing business with each other. In the event you wish to void this Agreement, you will not be credited for any unused hours of service under retainer and you will still owe any outstanding fees and/or expenses. In the event I choose to void this Agreement, you will receive full refund of any unused hours of the current month's retainer minus any outstanding expenses.

LIMITS OF MY LIABLILTY/SCOPE OF SERVICE: I will not knowingly perform any service or make any decisions for you or for your business in which any substantial financial risk to you or your business may occur. Neither shall I knowingly perform any service or make any decisions for you or your business which are legally questionable or perform any act contrary to the United States legal system. You understand that I am not a decision-maker for your business and that this Agreement represents our entire Agreement and my obligations are accurately and completely described herein. The service I provide to you shall be performed only within the scope of an independent contractor providing clerical and administrative support. I will perform this service to the best of my ability and will provide you with references upon your request. I am not liable for any misunderstandings, expectations, errors, or omissions occurring outside of this Agreement except for any written Addendum(s) containing our notarized signatures. Should you not be pleased with the service I provide for any reason, you may void this Agreement as noted in VOID AGREEMENT section herein. In any event, you agree to hold me harmless of liability or claims of damages due to your dissatisfaction. You understand that I am not an Accountant or Business Advisor. While I may collect and provide you with information both written and verbal pertaining to your business decisions, all decisions and responsibilities for your business are yours. You assume all legal and financial responsibility for your business in every respect, form and fashion. Your signature indicates that you agree to be legally and morally bound to these limits of my liability.

REFERRALS: While you will find me to be a powerful resource and an invaluable partner for your success, there may be times when you need a referral for things that are not my area of expertise. I will always do my best to provide professional referrals with a proven track record and a great reputation. However, the decision is always yours when accepting a referral and I cannot be held responsible for anyone else's work. The responsibility, results and liability of your interaction with any referral remains entirely yours and are separate from me and/or my business.

CONFIDENTIALITY: You are welcome to talk about any aspect of our working relationship with anyone you choose. However, I will not knowingly discuss, disclose or communicate any of your personal or professional business plans, strategies, opportunities, pricing or other financial data, clients, transactions, conversations, inventions or documentation not known to the public with anyone in any form or fashion, without your prior electronic, verbal or written consent. Subsequently, I agree to return any written documentation, information, computer or paper files, product materials or business stationery, products or literature upon your request or in the event we void this Agreement and cease doing business. To reiterate, I will only discuss details necessary for conducting business for you or on your behalf that are already publicly known and/or within the context of each situation and only with your prior electronic, verbal or written consent.

I understand that irreparable damages could result to your company in the event of a breach of this Confidentiality Agreement. Additionally, should you make an application to a court of competent jurisdiction as a result of a breach of this Confidentiality Agreement, and the ruling is in your favor, I would be liable for the losses, costs, expenses and damages, including attorneys fees sustained by said ruling of this breach. Further I agree to use your State of residence as legal venue for the Confidentiality portion of this Agreement. I agree to remain bound by the terms of this Confidentiality Agreement for a term of 2 (two) years following the date of the Void Agreement decree and that the payment I receive in the form of fees and expenses is the total compensation for the statutes in this Agreement.

CREDIT CARD USE/AUTHORIZATION: In the course of providing service to you I may be given access to your credit card information. I affirm that I will not process a transaction of any monetary size large or small without first your written or electronic authorization. This request for authorization will contain the total charges and complete transaction information for you to corroborate with your credit card statement. I will in no way knowingly compromise the confidentiality or security of this information. I will never conduct an electronic transaction that is not on a secure site. I will not provide this information to anyone for any reason without first your written or electronic authorization to do so. If you do not feel comfortable giving me access to this kind of information, this will simply mean you will have to handle any tasks requiring this information and it does not mean that we cannot do business.

COPYRIGHTS: You maintain copyrights free and clear of my financial gain or legal ownership on any intellectual, electronic or written documents, literature, creative materials, products or inventions that originated prior to this Agreement. I waive any rights to ownership or financial gain in any form from the same and further understand that any assistance, advice, or contribution I provide in work associated with the same during the course of this business Agreement does not imply any rights to copyrights or ownership thereof.

We will negotiate to our mutual satisfaction copyrights and any financial gain or legal ownership only to intellectual, electronic or written documents, literature, creative materials, products or invention that originated as a result of a mutual collaboration which has been defined in a separate legal, written agreement. Without such written agreement all rights are waived to ownership or financial gain in any form.

I maintain the copyrights free and clear of your financial gain or legal ownership on any intellectual, electronic or written documents, literature, creative materials, products or inventions that originated prior to this Agreement and any that have no association or relationship with you or your company.

SIGNATURE: After you review and have a clear understanding of this Agreement, place your signature below as an indication of your oath to be legally bound to the Agreement and all of it's covenants. Return the signed, original document to me or mail it to the address below, along with your first retainer fee of $«RetainerMonthlyRate», as legal instruments of this Agreement. I will send you a copy of the original containing my signature.

Answer 2

Retainer Contract Template

Answer 3

Retainer agreements are tremendously oftentimes occurring so getting one off the internet isn't that unusual. make beneficial to fulfill with an criminal professional from the corporation head to head formerly you sign some thing even nonetheless.