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Consultant Retainer Agreement for the United Kingdom

Consultant Retainer Agreement Template for England and Wales

A Consultant Retainer Agreement under English and Welsh law is a legal contract establishing an ongoing professional relationship between a consultant and client organization. It outlines the terms of engagement, scope of services, payment structure, and duration of the relationship. The agreement typically includes provisions for regular availability of services, priority access, and predetermined fee arrangements. It addresses key aspects such as intellectual property rights, confidentiality, and liability while ensuring compliance with UK employment and tax regulations.

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Consultant Retainer Agreement

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What is a Consultant Retainer Agreement?

The Consultant Retainer Agreement serves as a comprehensive framework for establishing and maintaining professional consulting relationships. It is particularly suitable when organizations require regular access to specialized expertise without creating an employment relationship. This document, governed by English and Welsh law, defines the scope of services, payment terms, intellectual property rights, and confidentiality obligations. It helps both parties avoid misunderstandings about the nature of the relationship and ensures compliance with relevant regulations, particularly IR35 and tax considerations.

What sections should be included in a Consultant Retainer Agreement?

1. Parties: Identification of contracting parties and their legal status

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of consulting services to be provided

5. Fees and Payment: Compensation structure, payment terms and expenses

6. Term and Termination: Duration of agreement and termination provisions

7. Confidentiality: Protection of confidential information

8. Intellectual Property: Ownership and rights to work product

What sections are optional to include in a Consultant Retainer Agreement?

1. Non-Compete: Restrictions on competitive activities - used when protecting business interests from competition is crucial

2. Insurance: Required insurance coverage - used when consultant needs specific insurance for services

3. Data Protection: Specific data handling requirements - used when personal data processing is involved

4. Force Majeure: Provisions for unforeseen circumstances - used when long-term or critical services are involved

What schedules should be included in a Consultant Retainer Agreement?

1. Schedule of Services: Detailed scope of work and deliverables

2. Fee Schedule: Detailed breakdown of fees and payment terms

3. Key Personnel: List of key individuals involved in service delivery

4. Service Level Agreement: Performance metrics and standards

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

England and Wales

Cost

Free to use
Relevant legal definitions






























Clauses

































Industries

Employment Rights Act 1996: Key legislation to establish clear distinction between employment and consultancy relationships, helping avoid misclassification issues

Equality Act 2010: Ensures protection against discrimination in professional relationships and sets requirements for equal treatment

Data Protection Act 2018 and UK GDPR: Governs the handling, processing, and protection of personal data in business relationships

Companies Act 2006: Relevant when dealing with corporate entities, governing business relationships and corporate responsibilities

Supply of Goods and Services Act 1982: Regulates the provision of services and implied terms in service contracts

Consumer Rights Act 2015: Applicable if the consultant provides services to consumers, setting out consumer protection requirements

Copyright, Designs and Patents Act 1988: Governs intellectual property rights and ownership of work created during consultancy

Trade Marks Act 1994: Protects trademarks and related intellectual property in business relationships

IR35 Legislation: Off-payroll working rules determining tax status of consultants and contractors

Value Added Tax Act 1994: Governs VAT obligations and requirements for consultancy services

Health and Safety at Work Act 1974: Sets out health and safety obligations in work environments, including for consultants

Trade Secrets Regulations 2018: Protects confidential business information and trade secrets in professional relationships

Competition Act 1998: Ensures compliance with competition law in business relationships and service provisions

Arbitration Act 1996: Provides framework for dispute resolution through arbitration in commercial contracts

Civil Procedure Rules: Governs court procedures and litigation processes for dispute resolution in England and Wales

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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