Monthly Retainer Consulting Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes an ongoing consulting relationship between a service provider and a client, structured on a monthly retainer basis. The agreement defines the scope of consulting services, payment terms, delivery expectations, and professional obligations while ensuring compliance with New Zealand commercial and contract law. It includes provisions for service delivery, intellectual property rights, confidentiality, liability limitations, and termination conditions, providing a robust framework for a sustained professional engagement.

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What is a Monthly Retainer Consulting Agreement?

The Monthly Retainer Consulting Agreement is designed for businesses and consultants operating under New Zealand law who seek to establish a structured, ongoing professional relationship. This document is particularly suitable when regular, recurring consulting services are required, offering both parties the security and clarity of a fixed monthly fee arrangement. It addresses key aspects such as service scope, performance standards, payment terms, and professional obligations while ensuring compliance with New Zealand's Contract and Commercial Law Act 2017 and related legislation. The agreement is commonly used by professional service providers, consulting firms, and businesses seeking consistent access to specialized expertise without the commitment of permanent employment.

What sections should be included in a Monthly Retainer Consulting Agreement?

1. Parties: Identification of the consultant and the client, including full legal names, registered addresses, and company numbers if applicable

2. Background: Context of the agreement, including the client's need for services and consultant's expertise

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of consultant, commencement date, and term (including renewal provisions)

5. Scope of Services: Description of consulting services to be provided under the retainer

6. Consultant's Obligations: Key responsibilities, service standards, and performance expectations

7. Client's Obligations: Client's responsibilities, including provision of information and access

8. Fees and Payment: Monthly retainer amount, payment terms, expenses, and invoicing process

9. Intellectual Property: Ownership and rights to work produced during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnity: Limitation of liability and indemnification provisions

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

14. Execution: Signature blocks and execution details

What sections are optional to include in a Monthly Retainer Consulting Agreement?

1. Insurance: Requirements for professional indemnity and other insurance coverage, used when specific insurance requirements are needed

2. Non-Compete: Restrictions on competing activities, used when protecting client's market position is crucial

3. Data Protection: Specific provisions for handling personal data, used when significant data processing is involved

4. Key Personnel: Identification of specific consultant team members, used when particular expertise is crucial

5. Service Levels: Specific performance metrics and standards, used for complex or technical services

6. Force Majeure: Provisions for unforeseen circumstances, used when continuity of service is critical

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

8. Anti-Bribery and Corruption: Compliance with anti-corruption laws, used when dealing with public sector or international clients

What schedules should be included in a Monthly Retainer Consulting Agreement?

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

2. Schedule 2 - Fee Schedule: Detailed fee structure, including hourly rates for work beyond retainer scope

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

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Appendix A - Change Request Form: Template for requesting changes to scope or services

6. Appendix B - Report Templates: Standard templates for regular reporting 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

New Zealand

Publisher

Genie AI

Cost

Free to use

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