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Freelance Retainer Contract Template for Germany

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Key Requirements PROMPT example:

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."

Document background
This document serves as a foundational agreement for establishing long-term freelance relationships under German law, specifically structured as a Freelance Retainer Contract. It is particularly useful for companies seeking to secure reliable access to specialized professional services while maintaining the flexibility of a freelance arrangement. The contract addresses critical German legal requirements including clear differentiation from employment relationships, compliance with self-employment regulations, and adherence to GDPR data protection standards. It includes provisions for minimum guaranteed work or payment, service delivery terms, and professional independence, while protecting both parties' interests through detailed confidentiality, intellectual property, and liability clauses. This type of agreement is commonly used when regular, ongoing services are required but a full-time employment relationship is neither desired nor appropriate.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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









































Clauses







































Relevant Industries

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

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Information Technology

Marketing

Research and Development

Relevant Roles

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

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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