Directors Service Contract Template – A retainer is a contract between a client and a professional that requires advance payment for future work. The hold can be set up as a one-time payment or for a recurring period. The agreement will detail compensation, hours, incidentals, and any other terms for the services provided.
A monthly retainer, also known as an “access fee”, is when a customer pays a periodic amount to a service provider in exchange for access to its services. This is common for companies that seek ongoing advice from accountants, lawyers or other professionals whose services are needed on an ongoing basis.
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Establishing a retainer begins with a client seeking the services of someone else in exchange for payment. A retainer agreement acts as both a service agreement and allows the service provider to collect an advance payment for future services.
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The customer and the service provider will meet and discuss the entire scope of the service. The parties will agree on the hourly rate, incidentals, retained amount and terms of termination.
When the terms of the retainer agreement have been agreed upon by all parties, it is time to sign the agreement. Only the service provider and the customer are legally required to sign the document.
After signing the contract, it is time for the customer to pay the withheld amount. It is common in a retainer agreement for the clause to read:
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No work can commence until the retainer has been paid in full by the client. What is an emergency fee?
A contingency fee is a sum of money that is only paid if certain parameters are met. The contingency fee allows the customer to make payment for services only if the contingency is met. This is often seen in the legal and consulting industry.
A contingency fee is mostly used when you hire an attorney to represent a client in a civil case. Most likely, the lawyer will ask for a percentage (%) of the total amount received from the other party. This is especially common in personal injury cases where the attorney is negotiating with an insurance company.
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2. SERVICE PROVIDER: [NAME] with mailing address [ADDRESS], City [CITY], State [STATE], (“Service Provider”)
6. COMPENSATION. In consideration of the Services provided, the Service Provider shall be paid as follows: (check all that apply)
☐ – Required to pay the Service Provider a Retention in the amount of [#] USD as an advance for future Services to be provided (“Retention”). Withholding is: (check one)
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☐ – Responsible for all costs. These include, but are not limited to, supplies, equipment, operating expenses, business expenses, employment expenses, taxes, social security contributions and/or payments, disability insurance, unemployment taxes and any other expenses that may or may not be connected. with the Services provided by the Service Provider.
Customer agrees to pay Service Provider within thirty (30) days of receiving notice of any charges directly related to the Services. At the Customer’s request, the Service Provider may be required to provide receipts or proof of purchase(s) for this expense.
11. WAIVER OF CONTRACTUAL RIGHTS. The failure of any party to comply with any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to enforce and subsequently enforce strict compliance with any provision of this Agreement.
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12. INDEPENDENT CONTRACTOR STATUS. The Service Provider is an independent contractor and neither the Service Provider’s employees nor the contract personnel are or will be considered employees of the Customer.
13. STATE AND FEDERAL LICENSES. Service Provider represents and warrants that all employees and related personnel will comply with federal, state and local laws requiring any licenses, permits and certifications necessary to perform the Services under this Agreement.
A.) Withholding FICA, Medicare, Social Security or any other federal or state withholding taxes from Service Provider’s payments to employees or personnel or making payments on behalf of Service Provider;
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C.) Making payments of taxes incurred during the performance of the Services under this Agreement, including all applicable income taxes.
15. EMPLOYEES’ COMPENSATION. The Service Provider will be solely responsible for the benefits, unemployment benefits and workers’ compensation provided to their employees.
16. INDEMNIFICATION. Service Provider releases, defends, indemnifies and holds Customer and its officers, agents and employees harmless from all suits, actions or claims of any nature, name or description.
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17. CONFIDENTIALITY. The Service Provider acknowledges that disclosure to a third party (Third Party) or misuse of such private or confidential information would irreparably harm the Customer. Accordingly, Service Provider shall not disclose or use, either during or after the term of this Agreement, any private or confidential information of Customer without Customer’s prior written permission, except as necessary to perform the Services on behalf of the customer.
18. ASSIGNMENT AND DELEGATION. Service Provider may assign rights and delegate obligations under this Agreement to other persons or entities acting as a subcontractor (“Subcontractor”). The Service Provider acknowledges that it will be responsible for all work performed by the Subcontractor and will indemnify the Customer against any liability in connection with the work performed by the Service Provider.
20. SEVERABILITY. This Agreement will survive if any section or provision is unenforceable or invalid. All other sections and provisions will be considered legally binding unless a court determines that such provision or section is invalid or unenforceable.
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22. ENTIRE AGREEMENT. This Agreement supersedes all prior agreements, promises, terms or understandings between Customer and Service Provider. This Agreement may be amended or modified if the amendment is in writing and signed by both parties.
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