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Consultant Retainer Agreement Template for Philippines

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement for a technology consulting firm providing cybersecurity services to our Philippines-based fintech company, with specific provisions for data protection and strict confidentiality requirements."

Document background
The Consultant Retainer Agreement is essential for businesses in the Philippines seeking to establish long-term professional relationships with consultants while maintaining flexibility and clear boundaries. This document is particularly useful when a company requires ongoing access to specialized expertise without creating an employer-employee relationship. The agreement complies with Philippine legislation, including the Civil Code, Labor Code, and tax regulations, while addressing key aspects such as scope of services, payment terms, confidentiality, and intellectual property rights. It's designed to protect both parties' interests while providing a framework for successful long-term consulting engagements. The document is especially relevant in today's business environment where companies increasingly rely on external expertise for strategic initiatives, technical projects, and specialized advisory services.
Suggested Sections

1. Parties: Identification of the client and consultant, including complete legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intent to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Retainer amount, payment schedule, and additional fees structure

7. Independent Contractor Relationship: Clear statement of consultant's status as independent contractor

8. Consultant's Obligations: Key responsibilities and performance standards

9. Client's Obligations: Client's responsibilities and commitments

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP

12. Representations and Warranties: Basic warranties about capacity and ability to perform services

13. Limitation of Liability: Limits on consultant's liability and indemnification provisions

14. General Provisions: Standard clauses including notices, amendments, governing law, etc.

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors (used when consultant will have access to sensitive competitive information)

2. Data Protection: Specific provisions for handling personal data under Philippine Data Privacy Act (used when consultant will handle personal data)

3. Force Majeure: Provisions for unforeseen circumstances preventing performance (particularly relevant post-COVID)

4. Insurance: Requirements for professional liability insurance (used for high-risk consulting work)

5. Dispute Resolution: Specific procedures for resolving disputes, such as mandatory mediation (used for high-value contracts)

6. Anti-Corruption: Compliance with anti-corruption laws (used when working with government entities or public sector)

7. Expenses: Detailed provisions for reimbursable expenses (used when significant expenses are expected)

Suggested Schedules

1. Schedule A - Services Description: Detailed scope of work, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and payment terms

3. Schedule C - Key Personnel: List of approved consultant personnel who will provide services

4. Schedule D - Service Levels: Specific performance metrics and standards

5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

6. Appendix 2 - Approved Client Materials: List of client materials consultant is authorized to use

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Technology

Financial Services

Management Consulting

Healthcare

Education

Manufacturing

Real Estate

Construction

Energy

Telecommunications

Professional Services

Retail

Hospitality

Non-profit

Government Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Business Development

Risk Management

Compliance

Project Management Office

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Operations Director

Business Development Manager

Department Head

Managing Director

Finance Manager

Contracts Administrator

General Counsel

Company Secretary

Risk Manager

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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