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Freelance Retainer Contract
"I need a Freelance Retainer Contract under German law for engaging a senior software developer for a minimum of 60 hours per month, with specific provisions for intellectual property rights and source code ownership, starting March 2025."
1. Parties: Identification of the client and freelancer, including full legal names, addresses, and tax identification numbers
2. Background: Context of the agreement and confirmation of freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Period', 'Minimum Hours', etc.
4. Scope of Services: Detailed description of services to be provided under the retainer arrangement
5. Retainer Terms: Minimum guaranteed hours/work, booking process, and availability requirements
6. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
7. Fees and Payment: Retainer fee, payment schedule, invoicing requirements, and VAT provisions
8. Independent Contractor Status: Clear statement of freelancer's self-employed status and related obligations
9. Intellectual Property: Ownership and transfer of work products created during the engagement
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Insurance: Limitation of liability, professional indemnity, and insurance requirements
13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Compete: Restrictions on working with competitors (use only if essential and ensure compliance with German competition law)
2. Equipment and Resources: Include if client is providing specific tools or resources for service delivery
3. Performance Metrics: Add if specific KPIs or quality standards need to be maintained
4. Substitute Personnel: Include if freelancer may send substitutes to perform services
5. Client Obligations: Add detailed client obligations if significant cooperation is required
6. Force Majeure: Include specific provisions for handling unforeseen circumstances
7. Training and Orientation: Add if specific training or onboarding is required
8. Expenses: Include if travel or other expenses will be reimbursed
1. Schedule 1 - Services Description: Detailed specification of services to be provided under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards and response times if applicable
4. Appendix A - Data Processing Agreement: Required if personal data processing is involved (GDPR compliance)
5. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if required beyond main agreement
6. Appendix C - Approved Substitute Personnel: List of pre-approved substitutes if applicable
7. Appendix D - Client Policies: Relevant client policies that freelancer must comply with
Authors
Information Technology
Management Consulting
Creative Industries
Marketing and Communications
Professional Services
Engineering
Financial Services
Healthcare
Education and Training
Media and Entertainment
Technical Writing
Research and Development
Business Advisory
Digital Services
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Compliance
Risk Management
Information Technology
Marketing
Research and Development
Freelance Consultant
Independent Software Developer
Contract Project Manager
Freelance Marketing Specialist
Independent Business Analyst
Contract Graphic Designer
Freelance Content Strategist
Independent UX Designer
Contract Technical Writer
Freelance Research Analyst
Independent Financial Advisor
Contract Training Specialist
Freelance Engineering Consultant
Independent Data Scientist
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