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Monthly Retainer Consulting Agreement Template for Germany

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Key Requirements PROMPT example:

Monthly Retainer Consulting Agreement

"I need a Monthly Retainer Consulting Agreement under German law for an IT security consultant who will provide 20 hours of services per month to our Frankfurt-based fintech startup, starting March 2025, with strict confidentiality and data protection provisions."

Document background
The Monthly Retainer Consulting Agreement is essential for businesses operating in Germany that require ongoing professional advisory services. This document establishes a formal consulting relationship while carefully distinguishing it from employment arrangements under German labor law. It is particularly relevant when clients need regular access to expertise without the obligations of permanent employment. The agreement includes specific provisions required under German law regarding service provision (Dienstleistung), data protection (GDPR/BDSG), and commercial relationships (HGB). It defines the monthly retainer fee, scope of services, delivery expectations, and compliance requirements while protecting both parties' interests through clear terms on confidentiality, liability, and intellectual property rights.
Suggested Sections

1. Parties: Identification of the contracting parties - consultant and client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and confirmation of consultant's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided, including any specific deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

6. Retainer Fee and Payment Terms: Monthly fee, payment schedule, expenses, and invoicing requirements

7. Consultant's Obligations: Key responsibilities, availability, quality standards, and reporting requirements

8. Client's Obligations: Cooperation requirements, provision of information and resources

9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

10. Confidentiality: Protection of business secrets and confidential information

11. Data Protection: GDPR compliance and data processing terms

12. Liability and Insurance: Limitation of liability, professional indemnity requirements

13. Independent Contractor Status: Clear statement of independence and non-employment relationship

14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on working with competitors during and after the agreement - include when protecting market position is crucial

2. Non-Solicitation: Restrictions on soliciting client's employees or customers - include for sensitive business relationships

3. Performance Metrics: Specific KPIs and performance evaluation criteria - include when measuring success is crucial

4. Substitute Performance: Terms for using subcontractors or substitutes - include when delegate work might be needed

5. Training and Support: Provisions for training client's staff - include when knowledge transfer is part of services

6. Exit Procedures: Detailed handover process - include for complex ongoing projects

7. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical services

8. Compliance Requirements: Specific regulatory or industry compliance obligations - include for regulated industries

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of retainer fee, hourly rates for additional services, and expenses policy

3. Schedule C - Service Levels: Performance standards, response times, and availability requirements

4. Schedule D - Key Personnel: Names and roles of key consultant team members

5. Schedule E - Reporting Requirements: Format and frequency of progress reports and documentation

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

7. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and requirements

8. Appendix 3 - Insurance Requirements: Specific insurance coverage requirements and proof of insurance

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses



































Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Professional Services

Digital Transformation

Energy and Utilities

Real Estate

Telecommunications

Environmental Services

Education and Training

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Project Management Office

Business Development

Compliance

Risk Management

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Business Development Director

Operations Director

Human Resources Director

Management Consultant

Independent Consultant

Department Head

Managing Partner

Commercial Director

Compliance Officer

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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