• Who is entering into the agreement and the purpose of the agreement

• Services to be provided, included deliverables, and method of delivery

• How the services will be provided, either at an hourly rate or project-based rate

• What materials and access your client needs to give and by when in order for you to complete your services (eg. website login, photos, etc.)

• Definition of the relationship of the parties (ie. you’re being hired as an independent contractor, not an employee)

• How many consultations are included, and how they will be scheduled

• Length and duration of the agreement

• Price of the retainer services

• Methods of payment accepted

• Payment policies (initial payment, retainer/deposit, final payment, refunds, etc.)

• What happens if the situation arises of a late payment

• Statement on refund policy

• Who owns the copyright and intellectual property rights produced under the agreement

• Requirement for the client to cooperate, meet deadlines, and give approvals appropriately

• Agreement to give you creative license to complete the project with your specialized skill and talent

• Policies around rescheduling, cancellations, and early termination fees

• Policies on proofing and revisions

• Ability for you to take on other business activities for the duration of the agreement

• How disputes will be resolved, including the options for mediation, arbitration, or court

• Standard legal terms, including: confidentiality, representations and warranties, limitation of liability, compliance with law, amendments, assumption of risk, waiver, indemnification, merger, force majeure, and notice

This is an essential contract for any business owner who offers services on an ongoing, retainer basis.

No matter if you’ve wrapped up a bigger initial project with a client who then wants to use your services long-term or if they’re hiring you right away on a retainer basis, this contract is essential to clearly set expectations for both parties.

This template is flexible and may apply to a wide variety of retainer services (eg. web design, graphic design, copywriting, consulting, coaching, social media management, advertising, etc.)

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