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The Freelance Retainer Contract is essential for businesses and individuals in India seeking to establish long-term professional relationships with independent contractors while maintaining flexibility and clear boundaries. This document is particularly relevant in today's growing gig economy, where companies increasingly rely on freelance professionals for ongoing services. The contract addresses key aspects required under Indian law, including the independent contractor status, taxation requirements (such as TDS provisions), and GST compliance where applicable. It provides a structured framework for regular engagement of freelance services with predetermined monthly fees, helping both parties avoid the complexity of repeatedly negotiating project-based contracts while ensuring compliance with Indian contract law and protecting both parties' interests through clear terms and conditions.

1. Parties: Identifies the contracting parties - the client and the freelancer, including full legal names, addresses, and any registration details

2. Background: Explains the context of the agreement and the parties' intention to enter into a retainer arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Outlines the general nature of services to be provided under the retainer arrangement

5. Term and Engagement: Specifies the duration of the retainer agreement and renewal terms

6. Retainer Fee and Payment Terms: Details the monthly retainer amount, payment schedule, and billing procedures

7. Independent Contractor Status: Clearly establishes the freelancer's status as an independent contractor, not an employee

8. Obligations of the Freelancer: Lists the freelancer's responsibilities, availability, and service delivery standards

9. Obligations of the Client: Specifies client's responsibilities including providing necessary information and materials

10. Intellectual Property Rights: Addresses ownership and usage rights of work created during the engagement

11. Confidentiality: Details confidentiality obligations and handling of sensitive information

12. Non-Compete and Non-Solicitation: Specifies restrictions on competing activities and solicitation of clients/employees

13. Termination: Outlines conditions and procedures for ending the agreement

14. Indemnification: Details mutual indemnification obligations and liability limitations

15. Dispute Resolution: Specifies procedures for resolving disputes, including jurisdiction and governing law

16. General Provisions: Includes standard clauses like notices, amendments, and severability