Consultant Retainer Agreement for New Zealand

Consultant Retainer Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes an ongoing professional relationship between a client and a consultant. This document outlines the terms of engagement, including scope of services, payment structure, intellectual property rights, and confidentiality obligations. It provides a framework for regular, recurring consulting services while ensuring compliance with New Zealand contract law, taxation requirements, and privacy regulations. The agreement balances flexibility for ongoing services with clear structural boundaries and obligations for both parties.

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What is a Consultant Retainer Agreement?

The Consultant Retainer Agreement is designed for situations where organizations require ongoing access to specialized expertise or services on a regular basis. This document, governed by New Zealand law, establishes a formal framework for long-term consulting relationships, differentiating from one-off project engagements. It includes essential provisions for service delivery, payment terms, intellectual property rights, and confidentiality, while ensuring compliance with New Zealand's Contract and Commercial Law Act 2017, tax regulations, and privacy requirements. The agreement is particularly suitable for businesses seeking to maintain consistent access to professional expertise without the obligations of permanent employment, while providing consultants with clear terms of engagement and regular income streams.

What sections should be included in a Consultant Retainer Agreement?

1. Parties: Identifies and provides full legal details of the consultant and the client company

2. Background: Sets out the context of the agreement, including the client's need for consulting services and the consultant's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Term and Appointment: Specifies the duration of the retainer agreement and formally establishes the consulting relationship

5. Services: Outlines the general nature of consulting services to be provided under the retainer

6. Consultant's Obligations: Details the consultant's key responsibilities, standards of service, and professional conduct requirements

7. Client's Obligations: Specifies the client's responsibilities, including providing necessary information and access

8. Fees and Payment: Details the retainer fee structure, payment terms, and additional charging mechanisms

9. Intellectual Property: Addresses ownership and usage rights of intellectual property created during the engagement

10. Confidentiality: Sets out obligations regarding confidential information handling and protection

11. Liability and Indemnity: Defines the extent of consultant's liability and any indemnification provisions

12. Termination: Specifies how either party can end the agreement and the consequences of termination

13. General Provisions: Contains standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Consultant Retainer Agreement?

1. Non-Compete: Restricts consultant from working with competitors, used when consultant has access to sensitive competitive information

2. Insurance: Specifies required insurance coverage, particularly relevant for high-risk or regulated industries

3. Data Protection: Detailed data handling requirements, essential when personal or sensitive data processing is involved

4. Service Levels: Specific performance metrics and standards, used when quantifiable service levels are required

5. Force Majeure: Addresses unforeseeable circumstances preventing performance, important in long-term or critical service arrangements

6. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value or complex engagements

7. Assignment and Subcontracting: Controls on transferring rights or subcontracting work, important when personal service is essential

8. Change Control: Procedures for modifying services or terms, useful in complex or evolving engagements

What schedules should be included in a Consultant Retainer Agreement?

1. Schedule 1 - Scope of Services: Detailed description of specific services to be provided under the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and additional charges

3. Schedule 3 - Key Personnel: Lists key consultant personnel assigned to the client, their roles and qualifications

4. Schedule 4 - Service Levels and KPIs: Specific performance metrics and measurement criteria

5. Schedule 5 - Client Policies: Relevant client policies the consultant must comply with

6. Appendix A - Contact Details: Contact information for key representatives from both parties

7. Appendix B - Reporting Templates: Standard templates for regular reporting and documentation

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 | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Technology

Management Consulting

Financial Services

Healthcare

Legal Services

Engineering

Marketing and Advertising

Education and Training

Human Resources

Business Strategy

Environmental Services

Construction

Creative Industries

Research and Development

Professional Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Risk and Compliance

Commercial

Business Development

Strategy

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

HR Director

Project Manager

Operations Director

Business Development Manager

Department Head

Risk Manager

Compliance Officer

Managing Director

Commercial Manager

Finance Manager

Strategy Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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