The Retainership Contract serves as a fundamental document for establishing long-term professional service relationships under Swiss law. It is particularly suitable when a client requires regular access to professional services over an extended period, with a predetermined fee structure. This agreement type is commonly used by professional service providers, consultants, and advisors who provide ongoing support to their clients. The document typically includes detailed provisions about service scope, fee arrangements, professional obligations, and termination rights, all aligned with Swiss legal requirements, particularly the Code of Obligations (OR). It differs from one-off service agreements by establishing a continuous professional relationship with regular payment terms, making it ideal for situations requiring consistent professional support and accessibility.
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1. Parties: Identification and details of the service provider and the client
2. Background: Context of the retainership arrangement and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the retainership
5. Term and Renewal: Duration of the retainership and renewal provisions
6. Fees and Payment Terms: Monthly/periodic retainer fee, payment schedule, and invoicing details
7. Obligations of the Service Provider: Key responsibilities and commitments of the service provider
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and rights related to work products
11. Liability and Indemnification: Extent of liability and indemnification obligations
12. Termination: Grounds and procedures for termination of the agreement
13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
14. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Non-Competition: Restrictions on competing activities, used when exclusivity is required
2. Insurance: Insurance requirements, typically included for high-risk services
3. Data Protection: Specific data handling provisions, required when personal data is processed
4. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term arrangements
5. Assignment and Subcontracting: Rules for transferring rights or engaging subcontractors
6. Service Levels: Specific performance metrics, used for technical or measurable services
7. Dispute Resolution: Alternative dispute resolution procedures, useful for international arrangements
1. Schedule of Services: Detailed breakdown of services covered under the retainership
2. Fee Schedule: Detailed fee structure, rates, and payment terms
3. Service Level Agreement: Specific performance metrics and standards
4. Key Personnel: List of key team members and their roles
5. Client Policies: Relevant client policies that the service provider must comply with
6. Reporting Requirements: Templates and schedules for required reports
7. Contact Details: List of key contacts and communication protocols
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