The Professional Services Retainer Agreement is essential for businesses seeking to establish long-term professional service relationships in the United States. This document is particularly valuable when regular, ongoing services are required, providing a structured framework for service delivery, payment terms, and mutual obligations. It addresses key aspects such as scope of work, confidentiality, intellectual property rights, and liability provisions, while ensuring compliance with both federal and state regulations. The agreement is commonly used when clients need consistent access to professional expertise without entering into separate contracts for each service instance.
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1. Parties: Identification of service provider and client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the professional services to be provided
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of professional services to be provided under the retainer
5. Fees and Payment Terms: Retainer amount, billing rates, payment schedule, and expense reimbursement
6. Term and Termination: Duration of agreement and conditions for termination
7. Obligations of the Parties: Responsibilities and duties of both service provider and client
8. Confidentiality: Protection of confidential information shared during service provision
1. Non-Compete: Restrictions on competition, used when protecting business interests from competitive activities
2. Force Majeure: Provisions for unforeseeable circumstances that might affect service delivery
3. Insurance Requirements: Specific insurance coverage requirements for high-risk or regulated services
4. Intellectual Property Rights: Ownership and usage rights of materials created during service provision
1. Schedule A - Scope of Services: Detailed breakdown of services to be provided
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Level Agreement: Performance metrics and service standards
4. Appendix 1 - Key Personnel: List of key team members and their roles
5. Appendix 2 - Insurance Certificates: Copies of required insurance documentation
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