The Retainer Fee Agreement is essential for establishing long-term professional service relationships under Swiss law. It is commonly used when a client requires regular access to professional services and prefers a predetermined fee structure rather than ad-hoc billing. The agreement provides certainty of service availability while giving the service provider a stable income stream. Governed by Swiss law, particularly the Swiss Code of Obligations' mandate provisions, this agreement type is widely used across professional services sectors. The document typically includes detailed service descriptions, fee structures, payment terms, and specific provisions required by Swiss law. It's particularly valuable for ongoing advisory relationships, regular consulting arrangements, or sustained professional support services where consistent access to expertise is required.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services covered under the retainer
5. Retainer Fee Structure: Amount, payment schedule, and what is included/excluded in the retainer fee
6. Payment Terms: Billing procedures, payment methods, and timing
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. Term and Renewal: Duration of the agreement and renewal provisions
10. Termination: Conditions and procedures for ending the agreement
11. Confidentiality: Protection of confidential information exchanged during the engagement
12. Intellectual Property: Ownership and rights to work products created during the engagement
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Competition: Include when the service provider should be restricted from working with competing clients
2. Data Protection: Include when personal data processing is involved, especially for compliance with Swiss data protection laws
3. Insurance: Include when specific insurance coverage requirements need to be maintained
4. Force Majeure: Include when there's a need to address unforeseeable circumstances preventing performance
5. Assignment: Include when transfer of rights needs to be specifically regulated
6. Notices: Include when formal communication procedures need to be established
7. Conflict Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are preferred over court litigation
1. Schedule A - Detailed Service Description: Comprehensive list and description of services covered under the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expense categories
3. Schedule C - Service Level Agreement: Specific performance metrics and service standards
4. Schedule D - Key Personnel: List of key team members assigned to provide the services
5. Appendix 1 - Reporting Template: Standard format for regular service reports and time tracking
6. Appendix 2 - Communication Protocol: Procedures for routine communications and escalations
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