The Expert Retainer Agreement is essential for businesses operating in India that require ongoing access to specialized expertise without creating an employer-employee relationship. This document is particularly relevant when companies need regular professional consultation but prefer a flexible engagement structure. The agreement, governed by Indian law, typically includes comprehensive terms covering service scope, remuneration, intellectual property rights, confidentiality, and termination provisions. It's designed to comply with the Indian Contract Act, 1872, and related legislation while protecting both parties' interests. The Expert Retainer Agreement is commonly used for engaging industry specialists, technical consultants, or advisory professionals on a recurring basis, providing a clear framework for professional services delivery while maintaining independence between parties.
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1. Parties: Identification of the engaging company and the expert, including their registered addresses and corporate/personal details
2. Background: Context of the engagement, brief description of the expert's qualifications and the company's requirements
3. Definitions: Key terms used throughout the agreement including 'Services', 'Confidential Information', 'Deliverables', and 'Intellectual Property Rights'
4. Scope of Services: Detailed description of the expert services to be provided, including any specific projects or responsibilities
5. Term and Engagement: Duration of the agreement, renewal terms, and nature of the engagement (part-time/full-time/project-based)
6. Fees and Payment Terms: Retainer fee structure, payment schedule, expenses policy, and applicable taxes
7. Obligations of the Expert: Expert's commitments, availability, quality standards, and reporting requirements
8. Company's Obligations: Company's commitments regarding information, access, and support provided to the expert
9. Confidentiality: Obligations regarding confidential information, including duration of confidentiality obligations
10. Intellectual Property Rights: Ownership of work products, pre-existing IP, and licenses granted
11. Representations and Warranties: Standard warranties regarding capacity, expertise, and non-conflict situations
12. Indemnification: Mutual indemnification provisions for breach of agreement terms
13. Termination: Grounds for termination, notice periods, and consequences of termination
14. Post-Termination Obligations: Continuing obligations after agreement end, including confidentiality and IP rights
15. Governing Law and Dispute Resolution: Choice of law, jurisdiction, and dispute resolution mechanism
16. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Non-Compete: Restrictions on expert's competing activities - include when dealing with sensitive industry sectors or proprietary knowledge
2. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID or for long-term engagements
3. Insurance: Requirements for professional indemnity insurance - include for high-risk or regulated sectors
4. Compliance with Policies: Adherence to company policies - important for experts working on-site or accessing company systems
5. Data Protection: Specific data handling obligations - essential when personal data processing is involved
6. Assignment and Subcontracting: Rights to transfer obligations - include when expert may need to delegate tasks
7. Publicity: Use of expert's name/credentials by company - relevant for marketing or public-facing roles
1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed fee structure, payment milestones, and expense categories
3. Schedule 3 - Service Levels: Expected performance standards, response times, and quality metrics
4. Schedule 4 - Expert's Qualifications: Expert's relevant qualifications, certifications, and experience
5. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and specific protected information
6. Appendix B - Company Policies: Relevant company policies applicable to the expert's engagement
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