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Retainer Agreement for Canada

Retainer Agreement Template for Canada

A comprehensive legal document governed by Canadian law that establishes and regulates an ongoing professional service relationship between a service provider and a client. The agreement outlines the terms of engagement, including scope of services, fee structures, payment terms, and professional obligations. It incorporates relevant provincial and federal regulatory requirements, professional standards, and specific provisions for trust account management where applicable. The document ensures compliance with Canadian professional service regulations while protecting both the service provider's and client's interests through clear delineation of rights, responsibilities, and expectations.

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Retainer Agreement

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What is a Retainer Agreement?

The Retainer Agreement serves as a foundational document for establishing professional service relationships in Canada. It is typically used when a client wishes to secure ongoing professional services, whether legal, consulting, or other professional expertise, with regular access to the service provider. The document outlines the terms under which services will be provided, including the retainer amount, service scope, billing arrangements, and professional obligations. This agreement type is essential for compliance with Canadian provincial and federal regulations governing professional services, including requirements for trust account management, professional conduct, and client communications. The Retainer Agreement also addresses key aspects such as confidentiality, conflict of interest, and termination provisions, making it suitable for various professional service contexts while ensuring regulatory compliance and clear understanding between parties.

What sections should be included in a Retainer Agreement?

1. Parties: Identification of the service provider and the client, including full legal names and contact details

2. Background: Context of the agreement and brief description of the professional relationship to be established

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

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

5. Term and Termination: Duration of the agreement and conditions for termination by either party

6. Retainer and Fee Structure: Details of the retainer amount, fee calculation method, and payment terms

7. Billing and Payment: Billing frequency, acceptable payment methods, and consequences of non-payment

8. Professional Obligations: Service provider's duties, standard of care, and professional responsibilities

9. Client Obligations: Client's responsibilities, including providing information and cooperation

10. Confidentiality: Obligations regarding confidential information and client privacy

11. Conflict of Interest: Procedures for identifying and handling potential conflicts of interest

12. General Terms: Standard contract provisions including governing law, amendments, and notices

What sections are optional to include in a Retainer Agreement?

1. Multiple Professional Services: Used when multiple professionals or departments will provide services under the agreement

2. Intellectual Property: Include when services may result in creation of intellectual property

3. Insurance and Liability: Detailed provisions about professional liability insurance and limitation of liability

4. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

5. Third-Party Service Providers: Used when external contractors or services may be engaged

6. Electronic Communications: Include when specifying terms for digital communication and document delivery

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Assignment and Succession: Used when transfer of rights or obligations needs to be addressed

What schedules should be included in a Retainer Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of fees, hourly rates, and other charges

2. Schedule B - Scope of Work: Detailed description of specific services, deliverables, and timelines

3. Schedule C - Team Members: List of key professionals assigned to provide services

4. Schedule D - Service Level Agreement: Specific performance metrics and service standards

5. Appendix 1 - Client Policies: Relevant client policies that affect service delivery

6. Appendix 2 - Professional Credentials: Credentials and qualifications of key service providers

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Legal Services

Management Consulting

Accounting and Tax

Financial Services

IT Consulting

Marketing and Advertising

Business Advisory

Professional Services

Healthcare Consulting

Engineering Services

Relevant Teams

Legal

Finance

Procurement

Compliance

Risk Management

Operations

Professional Services

Business Development

Contract Administration

Executive Leadership

Relevant Roles

Legal Counsel

Managing Partner

Senior Consultant

Business Development Manager

Chief Financial Officer

Procurement Manager

Risk Manager

Compliance Officer

Professional Services Director

Operations Manager

Contract Administrator

General Counsel

Finance Director

Project Manager

Human Resources Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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