Personal Services Agreement Template for Germany

The Personal Services Agreement is essential for documenting professional service arrangements under German law, particularly where specialized skills or expertise are being provided on an independent contractor basis. This document is crucial for businesses and individuals engaging external service providers while ensuring compliance with German legal requirements, including the Civil Code (BGB), labor laws, and data protection regulations. It defines the scope of services, payment terms, and obligations while maintaining clear distinction from employment relationships. The agreement is particularly relevant in today's growing freelance economy and is structured to protect both parties' interests while ensuring regulatory compliance in Germany. Key areas covered include service specifications, compensation, intellectual property rights, confidentiality, data protection, and liability provisions.

1. Parties: Identification and details of the service provider and the client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and general purpose of the service relationship

3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation

4. Scope of Services: Detailed description of the services to be provided, including any specific requirements or standards

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Compensation and Payment Terms: Fee structure, payment schedule, invoicing requirements, and expense reimbursement

7. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment

8. Service Provider's Obligations: Key responsibilities, quality standards, and performance requirements

9. Client's Obligations: Client's responsibilities, including provision of necessary information and cooperation

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Insurance: Limitation of liability, indemnification, and required insurance coverage

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

15. General Provisions: Standard clauses including severability, entire agreement, and amendments