ACCOUNTING RETAINER AGREEMENT
This Retainer Agreement is entered into on _______________, 20_____ between
________________________ (the “Client”), an individual entity whose primary address is
________________________________________ [Address], and ________________________ (the
“Service Provider”), an individual entity whose primary address is
________________________________________ [Address].
1. Scope of Services. The Service Provider shall provide the following legal services and representation
to the Client:
___________________________________________________________________________
___________________________________________________________________________
The full scope of services is described in Exhibit A attached to the Agreement. (Optional)
2. Fees. The Client will pay the Service Provider a refundable nonrefundable retainer fee of
$__________. The retainer fee will reflect: (Check one):
Service Provider’s Rate. Service provider’s rate of $__________ per hour per week per month
other: __________, including excluding expenses, and applied as follows:
___________________________________________________________________________
___________________________________________________________________________.
Flat Rate. A flat rate, including excluding expenses.
The Service Provider will submit an invoice for payment within _______ days upon execution of this
Agreement. The Client will pay the invoice upon receipt within _______days.
3. Replenishment of Retainer. (INITIAL if you want to include this clause. CROSS OUT if you do not.)
Due to the nature of this relationship, additional funds may be required to fully or continually provide the
contracted service(s).
(Check one)
Depleted. Once the initial retainer has been depleted.
Reduced to a certain threshold. Once the initial retainer has been deducted upon funds reaching a
specific amount of $__________.
(Check one)
Replenished by the Service Provider. Service Provider may replenish the funds automatically
without Client's consent only after Client's written consent.
Replenished by the Client. Service Provider will notify Client and Client will remit payment manually.
Any funds replenished by the Company will be drafted from the authorized payment source on file.
4. Term and Termination. The Service Provider’s engagement with the Client under this Agreement will
be effective on the date hereof will commence on _______________, 20_____.
Termination (Check one)
After all of the Services are completed. The Parties agree and acknowledge that this Agreement and
the Service Provider’s engagement with the Client under this Agreement shall terminate upon the
completion by the Service Provider of the Services.
After a fixed period of time. The Parties agree and acknowledge that this Agreement and the Service
Provider’s engagement with Client under this Agreement shall terminate after _______________ [Period
of time].
On a specific date. The Parties agree and acknowledge that this Agreement and the Service Provider's
engagement with the Client under this Agreement shall terminate on _______________, 20_____.
At-Will. The Service Provider acknowledges and agrees that the engagement with Client is at will,
subject to being terminated at the discretion of Client at any time, without prior notice upon _____
days prior written notice to Service Provider. In addition, this Agreement may be terminated by Service
Provider upon _____ days prior written notice to Client.
5. Confidentiality. As required by law and the Rules of Professional Conduct, the Service Provider will
maintain the confidentiality of all information obtained while working for the Client. All work done by the
Service Provider for the Client is work for hire and all rights belong to the Client. Upon completion of the
services, the Service Provider will return all files to the Client, or the Client may opt to have the Service
Provider shred all documents.
6. Governing Law. The terms of this Agreement and the rights of the Parties hereto shall be governed
exclusively by the laws of the State of _________________, without regarding its conflicts of law
provisions.
7. Disputes. Any dispute arising from this Agreement shall be resolved through: (Check one) Court
litigation. Disputes shall be resolved in the courts of the State of _________________. If either Party
brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to
recover from the other Party its expenses (including reasonable attorneys' fees and costs) incurred in
connection with the action and any appeal. Binding arbitration. Binding arbitration shall be conducted in
accordance with the rules of the American Arbitration Association. Mediation. Mediation, then
binding arbitration. If the dispute cannot be resolved through mediation, then the dispute will be resolved
through binding arbitration conducted in accordance with the rules of the American Arbitration
Association.
8. Severability. If a court finds any part of this Agreement to be invalid under the laws of the State of
_________________, it will not affect the validity of the other provisions and parts. The remaining
sections will remain enforceable as if the invalidated part was not included in the Agreement.
9. Entire Agreement. This Agreement encompasses the entire agreement between the Client and
Service Provider. It voids all previous discussions, arrangements, and agreements between the parties.
Modification of this Agreement is only valid if completed in writing and signed by both parties.
The following signatures attest to the execution of this Agreement as of the date listed above.
Service Provider Signature
Service Provider
Name
Service Provider Representative
Signature
Service Provider Representative
Name and Title
Client Signature
Client
Name
Client Representative
Signature
Client Representative
Name and Title
EXHIBIT A