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Freelance Retainer Contract Template for Australia

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Key Requirements PROMPT example:

Freelance Retainer Contract

"I need a Freelance Retainer Contract for engaging a digital marketing consultant who will provide 20 hours of service per month starting March 2025, with specific provisions for social media content ownership and performance metrics."

Document background
This Freelance Retainer Contract is designed for use in the Australian business context where organizations seek to establish long-term, structured relationships with independent professionals. The document is particularly relevant when a business requires regular, ongoing access to specialized services without the commitment of full-time employment. It addresses the specific requirements of Australian law regarding independent contractors, including compliance with the Independent Contractors Act 2006 and relevant tax legislation. The contract includes comprehensive provisions for service delivery, payment terms, intellectual property rights, and professional obligations, while maintaining the independence of the contractor. This template is specifically structured to protect both parties' interests in a retainer arrangement, providing clear terms for service delivery, payment, and performance expectations.
Suggested Sections

1. Parties: Identification of the client and the freelancer, including ABN/ACN and contact details

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided under the retainer

5. Term and Renewal: Duration of the retainer agreement and renewal provisions

6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, and invoicing requirements

7. Service Delivery: Response times, availability, and service delivery standards

8. Intellectual Property Rights: Ownership and licensing of work produced under the agreement

9. Confidentiality: Protection of confidential information and trade secrets

10. Independent Contractor Relationship: Clarification of independent contractor status and not employment

11. Insurance and Liability: Required insurance coverage and limitation of liability provisions

12. Termination: Conditions for termination, notice periods, and consequences

13. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when sensitive industry knowledge is involved

2. Equipment and Resources: Provisions regarding supply and use of equipment, needed when specific tools or resources are provided

3. Performance Metrics: Specific KPIs and performance standards, useful for measuring service quality

4. Expenses: Terms for reimbursement of expenses, needed when expenses are not included in retainer fee

5. Additional Services: Process for requesting and charging for work beyond retainer scope

6. Subcontracting: Terms allowing/restricting use of subcontractors

7. Data Protection: Specific data handling requirements, necessary when personal data is processed

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of services covered under the retainer

2. Schedule 2 - Fee Schedule: Detailed pricing, including retainer fee and rates for additional services

3. Schedule 3 - Service Levels: Specific performance standards, response times, and deliverable requirements

4. Schedule 4 - Approved Personnel: List of approved individuals who may perform the services (if applicable)

5. Appendix A - Communication Protocol: Agreed communication channels and response time expectations

6. Appendix B - Reporting Templates: Standard templates for regular reporting and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























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Relevant Industries

Technology

Marketing and Advertising

Professional Services

Media and Entertainment

Education and Training

Management Consulting

Creative Industries

Financial Services

Healthcare

Legal Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management

Marketing

Creative Services

Business Development

Contract Administration

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Project Manager

Operations Manager

Finance Manager

Creative Director

Marketing Manager

Business Development Manager

Contract Administrator

Freelance Consultant

Independent Contractor

Department Head

Small Business Owner

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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