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Retainer Fee Contract Template for Germany

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Key Requirements PROMPT example:

Retainer Fee Contract

"I need a Retainer Fee Contract governed by German law for our law firm to provide ongoing corporate legal services to a multinational client, starting January 2025, with monthly reporting requirements and specific provisions for cross-border legal advice."

Document background
The Retainer Fee Contract (Dauermandatsvertrag) is essential for establishing long-term professional service relationships under German law. This document is typically used when a client requires regular, ongoing access to professional services and wishes to secure these services through a fixed periodic payment arrangement. The contract provides certainty of service availability while offering the service provider a stable income stream. It sets out the scope of services covered by the retainer, payment terms, service levels, and the rights and obligations of both parties. The agreement must comply with German Civil Code (BGB) requirements, particularly provisions relating to service contracts (Dienstvertrag) and general contract law. It's commonly used by law firms, consultancies, and other professional service providers who offer ongoing support to their clients. The document includes specific provisions for German law compliance, including fee transparency, termination rights, and data protection requirements under GDPR.
Suggested Sections

1. Parties: Identification and details of the service provider and the client

2. Background: Context of the retainer relationship and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services covered under the retainer

5. Retainer Fee and Payment Terms: Monthly/periodic fee amount, payment schedule, and payment methods

6. Term and Renewal: Duration of the initial term and conditions for renewal

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Confidentiality: Provisions for handling confidential information

10. Termination: Grounds and process for termination of the agreement

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

12. Entire Agreement: Integration clause confirming this document as the complete agreement

Optional Sections

1. Additional Services: Terms for services beyond the retainer scope, used when there's potential for extra work

2. Service Levels: Specific performance metrics and standards, included for technical or specialized services

3. Intellectual Property: IP rights and ownership provisions, needed when services involve creative or technical work

4. Data Protection: GDPR compliance terms, required when personal data is processed

5. Non-Competition: Restrictions on competitive activities, used in sensitive industry contexts

6. Force Majeure: Provisions for unforeseen circumstances, important for long-term commitments

7. Insurance: Insurance requirements, included for high-risk services

8. Assignment: Terms for transferring rights/obligations, needed for corporate clients

Suggested Schedules

1. Schedule 1 - Detailed Service Description: Comprehensive list and description of services covered by the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees and any additional charging rates

3. Schedule 3 - Service Level Agreement: Specific performance metrics and response times if applicable

4. Schedule 4 - Key Personnel: List of key team members assigned to the client

5. Schedule 5 - Reporting Requirements: Format and frequency of service reports and updates

6. Appendix A - Communication Protocol: Procedures for routine communications and escalations

7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if applicable

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

Legal Services

Business Consulting

Information Technology

Financial Services

Marketing and Communications

Professional Services

Management Consulting

Technical Services

Creative Services

Healthcare Services

Accounting Services

Engineering Services

Relevant Teams

Legal

Finance

Procurement

Operations

Commercial

Business Development

Compliance

Contract Management

Account Management

Professional Services

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Financial Officer

Managing Director

Operations Manager

Procurement Manager

Professional Services Director

Account Manager

Partner

General Counsel

Finance Director

Relationship Manager

Commercial Director

Chief Executive Officer

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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