The Expert Retainer Agreement is essential for organizations in the Philippines seeking to formally engage professional experts for ongoing consultancy or advisory services. This document type is specifically designed to comply with Philippine legal requirements while establishing a clear framework for professional service relationships. It is commonly used when organizations require regular access to specialized expertise without creating an employer-employee relationship. The agreement addresses key aspects such as service scope, retainer fees, intellectual property rights, and confidentiality obligations, while ensuring compliance with Philippine Civil Code provisions, labor laws, and tax regulations. This document type is particularly important as it helps distinguish independent contractors from employees under Philippine labor law, providing clarity on the nature of the professional relationship and associated obligations.
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1. Parties: Identifies and provides full details of the contracting parties - the Client and the Expert
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Details the expert's appointment and clearly defines the scope of professional services to be provided
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Fees and Payment Terms: Outlines the retainer fee structure, payment schedule, and reimbursement policies
7. Obligations of the Expert: Lists the expert's duties, responsibilities, and standard of service
8. Obligations of the Client: Specifies client's responsibilities including provision of information and cooperation
9. Confidentiality: Details confidentiality obligations and handling of sensitive information
10. Intellectual Property Rights: Addresses ownership and rights to work products created during the engagement
11. Liability and Indemnification: Sets out liability limitations and indemnification obligations
12. General Provisions: Includes standard clauses like notices, amendments, governing law, and dispute resolution
1. Exclusivity: Include when the expert is required to work exclusively for the client
2. International Services: Include when services will be provided across international borders
3. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
4. Non-Competition: Include when the expert is restricted from competing activities
5. Insurance: Include when specific insurance requirements are needed
6. Data Protection: Include when the engagement involves significant data processing
7. Compliance with Specific Regulations: Include when the services relate to regulated industries
8. Key Personnel: Include when specific individuals are crucial to the service delivery
1. Schedule A - Scope of Services: Detailed description of services to be provided
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Specific performance metrics and service standards
4. Schedule D - Contact Details: Key contact information for both parties
5. Appendix 1 - Required Qualifications: List of required qualifications and certifications
6. Appendix 2 - Reporting Requirements: Format and frequency of progress reports
7. Appendix 3 - Approved Expenses: List of approved expenses eligible for reimbursement
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