Freelance Retainer Contract Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes a ongoing professional relationship between a client and a freelancer through a retainer arrangement. The contract defines the terms of regular service provision, including scope, fees, availability requirements, and delivery expectations, while ensuring compliance with Swiss independent contractor regulations and the Swiss Code of Obligations. It includes essential provisions for intellectual property rights, confidentiality, liability, and data protection, structured to provide flexibility while maintaining legal certainty for both parties.

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What is a Freelance Retainer Contract?

This Freelance Retainer Contract is designed for situations where a business requires regular, ongoing access to a freelancer's professional services while maintaining the flexibility of an independent contractor relationship under Swiss law. The document is particularly useful when companies want to secure priority access to a freelancer's time and expertise without creating an employment relationship. It includes comprehensive provisions for service delivery, payment terms, intellectual property rights, and confidentiality, all structured to comply with Swiss legal requirements, particularly the Swiss Code of Obligations. The contract is especially relevant for long-term professional relationships where services are needed on a recurring basis but not necessarily full-time, providing both parties with clarity on expectations, scope, and commercial terms while ensuring legal compliance.

What sections should be included in a Freelance Retainer Contract?

1. Parties: Identification of the client and the freelancer, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement and brief description of the parties' intent to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement

5. Retainer Terms: Specific details about the retainer arrangement, including minimum hours, availability requirements, and service delivery expectations

6. Fees and Payment: Monthly retainer fee, payment schedule, expenses, and invoicing procedures

7. Term and Termination: Duration of the agreement and conditions for termination

8. Independent Contractor Status: Clear statement of freelancer's status as an independent contractor, not an employee

9. Intellectual Property Rights: Ownership and transfer of work products created during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Freelance Retainer Contract?

1. Non-Compete: Restrictions on working with competitors, used when freelancer has access to sensitive competitive information

2. Insurance: Requirements for professional liability insurance, used for high-risk or regulated services

3. Data Protection: Specific provisions for handling personal data, required when processing personal data is part of the services

4. Service Levels: Specific performance metrics and standards, used for technical or specialized services

5. Substitution Rights: Right to provide services through substitutes or subcontractors, used when service continuity is critical

6. Equipment and Resources: Provisions regarding tools and resources, used when specific equipment or software is required

7. Training and Compliance: Requirements for maintaining certifications or completing training, used in regulated industries

What schedules should be included in a Freelance Retainer Contract?

1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional work, and expense categories

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Key Contacts: List of key personnel and contact information for both parties

5. Appendix A - Data Processing Terms: Detailed terms for handling personal data, if applicable

6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Retainer Agreement

Cost

Free to use

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