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Termination Of Retainer for Germany

Termination Of Retainer Template for Germany

This document is a formal agreement governed by German law that terminates an existing professional retainer arrangement between a service provider and their client. It addresses key aspects required under German Civil Code (BGB), including final fee settlements, handover of materials, and surviving obligations. The agreement ensures compliance with German legal requirements regarding professional services termination while protecting both parties' interests through clear provisions for post-termination obligations, confidentiality, and mutual releases. It includes specific provisions for the orderly conclusion of the professional relationship and management of any transitional arrangements.

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Termination Of Retainer

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What is a Termination Of Retainer?

The Termination of Retainer agreement is essential when parties wish to formally end an ongoing professional services arrangement under German law. This document is typically used when either the service provider or client wishes to conclude their professional relationship, whether at the natural end of the engagement or through early termination. It must comply with the German Civil Code (BGB) provisions regarding service contracts (Dienstvertrag) and professional services termination. The agreement covers critical elements such as final billing, document handover, confidentiality obligations, and any transition requirements. It's particularly important for regulated professions and situations where significant materials or confidential information have been exchanged during the retainer period.

What sections should be included in a Termination Of Retainer?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details if applicable

2. Background: Reference to the original retainer agreement, its date, and general scope of services

3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Original Agreement', 'Outstanding Fees', and 'Confidential Information'

4. Termination Declaration: Clear statement of termination and the effective date

5. Final Fee Settlement: Provisions for calculation and payment of any outstanding fees up to the termination date

6. Handover of Materials: Process and timeline for returning or transferring any documents, materials, or property between parties

7. Surviving Obligations: Specification of which obligations from the original agreement survive termination (e.g., confidentiality, non-compete)

8. Mutual Release: Release of claims and obligations between parties, subject to specified exceptions

9. Governing Law: Confirmation of German law as governing law and jurisdiction

10. Signatures: Execution block with date and signature lines for all parties

What sections are optional to include in a Termination Of Retainer?

1. Transition Arrangements: Used when services need to be transferred to another provider, including handover process and cooperation requirements

2. Intellectual Property Rights: Include when the retainer involved creation or use of intellectual property

3. Non-Solicitation: Include when parties wish to prevent solicitation of employees or clients post-termination

4. Dispute Resolution: Optional alternative dispute resolution procedures, particularly relevant for high-value or complex retainers

5. Insurance and Liability: Include when specific arrangements regarding professional liability insurance or limitation of liability need to be addressed

6. Data Protection: Include when personal data processing was involved in the retainer, addressing GDPR requirements

7. Press Announcements: Include for high-profile relationships where public announcements need to be controlled

What schedules should be included in a Termination Of Retainer?

1. Schedule 1 - Outstanding Fees Calculation: Detailed breakdown of any outstanding fees, expenses, and payment arrangements

2. Schedule 2 - Materials for Handover: Itemized list of all documents, materials, and property to be returned or transferred

3. Schedule 3 - Original Retainer Agreement: Copy of the original retainer agreement being terminated

4. Appendix A - Confirmation of Completed Tasks: List of completed and pending tasks under the retainer

5. Appendix B - Final Invoice: Final invoice or statement of account

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

Germany

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Legal Services

Professional Services

Consulting

Financial Services

Accounting

Tax Advisory

Management Consulting

IT Services

Business Advisory

Marketing Services

Public Relations

Architecture

Engineering

Healthcare

Real Estate

Relevant Teams

Legal

Procurement

Finance

Compliance

Risk Management

Operations

Client Services

Business Development

Professional Services

Contract Administration

Relevant Roles

Legal Counsel

General Counsel

Contract Manager

Procurement Manager

Chief Financial Officer

Managing Partner

Business Development Manager

Relationship Manager

Professional Services Director

Compliance Officer

Risk Manager

Operations Director

Account Manager

Project Manager

Practice Manager

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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