The Contractor Retainer Agreement is essential for businesses in the Philippines seeking to secure ongoing professional services while maintaining a clear independent contractor relationship. This document is particularly valuable when a company requires regular access to specialized skills or services but wishes to avoid creating an employer-employee relationship. The agreement typically includes detailed provisions for service scope, retainer fees, performance standards, and compliance with Philippine laws, including the Civil Code and Labor Code. It's commonly used for professional services, consulting arrangements, and other scenarios where regular, ongoing access to a contractor's expertise is needed. The document ensures proper classification of the independent contractor status while protecting both parties' interests through clear terms for confidentiality, intellectual property rights, and service delivery expectations.
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1. Parties: Identifies the contracting parties - the company/client and the contractor, including their complete legal names and addresses
2. Background: Provides context for the agreement and establishes the independent contractor relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the services to be provided by the contractor, including any minimum time commitments
5. Term and Renewal: Specifies the duration of the agreement and any renewal provisions
6. Retainer Fee and Payment Terms: Outlines the retainer amount, payment schedule, and any additional fees or expenses
7. Independent Contractor Status: Explicitly confirms the contractor's status as an independent contractor, not an employee
8. Contractor's Obligations: Lists the contractor's responsibilities, including quality standards and reporting requirements
9. Client's Obligations: Specifies what the client will provide to enable the contractor to perform the services
10. Intellectual Property Rights: Addresses ownership and rights to work products created during the engagement
11. Confidentiality: Protects confidential information shared during the engagement
12. Termination: Details circumstances and procedures for ending the agreement
13. General Provisions: Includes standard clauses like governing law, notices, and entire agreement
1. Non-Compete: Restricts the contractor from competing with the client's business - include when protecting business interests is crucial
2. Non-Solicitation: Prevents the contractor from soliciting client's employees or customers - use when protecting business relationships is important
3. Insurance Requirements: Specifies required insurance coverage - include when services involve significant risks or regulatory requirements
4. Data Protection: Detailed provisions for handling personal data - include when services involve processing personal information
5. Force Majeure: Addresses unforeseeable circumstances preventing performance - important during uncertain times
6. Dispute Resolution: Specifies alternative dispute resolution methods - include when parties prefer arbitration or mediation
7. Performance Metrics: Establishes specific performance standards - include when service quality needs objective measurement
1. Schedule A - Scope of Services: Detailed description of services, deliverables, and performance standards
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and expense categories
3. Schedule C - Service Levels: Specific performance metrics and service level requirements
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix 1 - Reporting Templates: Standard formats for progress reports and time tracking
6. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements
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