The Retainer Agreement is essential for businesses and professionals in the Philippines who wish to establish long-term professional service relationships. This document is commonly used when a client requires regular access to professional services and wants to secure priority attention from the service provider. The agreement, governed by Philippine law, typically includes detailed provisions about service scope, retainer fees, payment schedules, service levels, and professional obligations. It's particularly valuable for situations requiring ongoing professional support rather than one-off engagements. The document ensures compliance with local regulations, including the Civil Code of the Philippines, professional practice regulations, and relevant industry-specific requirements. A well-structured Retainer Agreement helps prevent misunderstandings by clearly defining the relationship's parameters and protecting both parties' interests.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details
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 defined for clarity and consistency
4. Scope of Services: Detailed description of the professional services to be provided under the retainer
5. Term and Renewal: Duration of the agreement and conditions for renewal or extension
6. Retainer Fees and Payment Terms: Amount of retainer fee, payment schedule, and billing procedures
7. Obligations of the Service Provider: Specific duties, responsibilities, and service standards of the professional
8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation
9. Confidentiality: Provisions for protecting confidential information exchanged during the engagement
10. Termination: Grounds and procedures for terminating the agreement
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard clause confirming the agreement represents the complete understanding between parties
1. Intellectual Property Rights: Include when services involve creation of intellectual property or use of existing IP
2. Non-Compete and Non-Solicitation: Add when protecting business interests requires restrictions on competition
3. Force Majeure: Include when needing to address unforeseeable circumstances preventing performance
4. Insurance Requirements: Add when specific professional insurance coverage needs to be maintained
5. Data Protection: Include when personal data processing is involved, to comply with Data Privacy Act
6. Dispute Resolution: Add when specific arbitration or mediation procedures are preferred
7. Assignment and Subcontracting: Include when need to control ability to transfer rights or delegate duties
8. Limitation of Liability: Add when specific caps on liability need to be established
1. Schedule A - Detailed Scope of Services: Comprehensive list of specific services covered under the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Level Agreement: Specific performance metrics and service standards
4. Schedule D - Key Personnel: List of key professionals assigned to provide the services
5. Appendix 1 - Communication Protocol: Procedures for routine communications and reporting
6. Appendix 2 - Required Documentation: List of documents and information required from the client
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