Is an electronic signature legally valid?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and state UETA laws adopted by 49 states and DC. Ensure intent, consent, attribution, and retention are documented to meet legal tests for enforceability.

Do I need a notary or witnesses?

Normally no for standard retainers, but certain jurisdictions or specific contract clauses may require notarization or witnesses. Remote online notarization rules vary by state and often require identity proofing and audio-video recording.

Can I rescind or modify the retainer after signing?

Modification is permitted by mutual written agreement; unilateral rescission may constitute breach and expose parties to damages. For consumer-facing contracts follow ESIGN disclosure rules when changing electronic consent terms.

What if the signature or name doesn't match?

Preserve the platform audit trail (IP, timestamp, authentication method). These metadata help establish attribution. If identity is disputed, a court will examine intent and consent evidence captured at signing.

Which signNow plan supports bulk sending?

signNow Business Premium includes bulk send features; the Site License uses usage-based pricing at $1.50 per signature invite for high-volume needs. Enterprise tiers add advanced authentication and API integration for regulated workflows.

Are retainer payments subject to tax reporting?

Yes. Payments to contractors may be reportable; obtain a completed Form W-9 to avoid backup withholding at 24% and to support accurate 1099 reporting. Misclassification of workers can trigger payroll and tax penalties.

Electronic Signature
Templates
Miscellaneous
Business Development Retainer

Business Development Retainer

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUSINESS DEVELOPMENT RETAINER

This Business Development Retainer Agreement ("Agreement") is made effective as of the date set forth below by and between Client Name: , with principal business address at ("Client"), and Consultant Name: , with principal business address at ("Consultant").

Recitals

WHEREAS, Client seeks to retain Consultant to perform business development services to identify, introduce and assist in securing new customers, partnerships, strategic relationships, or other commercial opportunities on behalf of Client; and

WHEREAS, Consultant possesses expertise, contacts, and experience in business development and is willing to provide such services under the terms and conditions set forth in this Agreement.

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

Scope of Work

Detailed Services to be Provided

Payment Terms

Client shall pay Consultant as compensation for services rendered as follows:

Retainer Amount (USD) Payment Schedule Invoicing and Expenses

Late payments shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by law, calculated from the due date until payment in full. In addition, Client shall reimburse Consultant for reasonable collection costs, including attorneys' fees.

Late Fee / Interest Rate

Term and Termination

The term of this Agreement shall commence on Start Date: and continue until End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Either party may terminate for material breach by the other if the breaching party fails to cure such breach within thirty (30) days after written notice.

Confidentiality

Each party acknowledges that in the course of performance it may receive confidential or proprietary information of the other party ("Confidential Information"). Each party agrees: (a) to hold such Confidential Information in strict confidence; (b) not to disclose Confidential Information to any third party except as expressly permitted by this Agreement; and (c) to use Confidential Information solely for the performance of its obligations under this Agreement. Confidential Information shall not include information that is or becomes publicly available through no fault of the receiving party, is already in the receiving party's possession without restriction, or is independently developed by the receiving party.

Upon termination or expiration of this Agreement, each party shall return or destroy the other party's Confidential Information and certify such return or destruction upon request.

Independent Contractor; Assignment; Indemnity

Consultant shall perform services as an independent contractor and not as an employee or agent of Client. Consultant shall be solely responsible for all taxes and other withholdings. Neither party may assign this Agreement without the prior written consent of the other except to a successor by merger or sale of substantially all assets. Each party shall indemnify and hold harmless the other party from and against any third-party claims arising from its gross negligence or willful misconduct in connection with this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction selected below, without regard to conflict of laws principles.

Governing State or Jurisdiction

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

Notices must be given in writing to the addresses set forth above or to such other address as either party may designate in writing. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The parties waive trial by jury to the fullest extent permitted by law.

Acceptance

The parties have executed this Agreement through their duly authorized representatives as set forth below.

Client Printed Name:

By:

Date:

Consultant Printed Name:

By:

Date:

What a Business Development Retainer Is and when it applies

A Business Development Retainer is a written agreement that secures ongoing business development services by defining scope, fee structure, reporting expectations, and the parties' obligations. It commonly specifies retained hours or deliverables, a recurring or upfront payment, billing cadence, performance metrics, territory or exclusivity limits, term and renewal mechanics, and termination and refund provisions. When signed by authorized representatives it creates an enforceable fee arrangement; electronic execution under ESIGN or state UETA statutes is generally accepted for validity and recordkeeping.

Why a written retainer benefits both parties

A Business Development Retainer clarifies fees, deliverables, and reporting, reduces billing disputes, secures resource availability, and provides a contractual basis for enforcement and collection if obligations are unmet.

Who typically signs a Business Development Retainer

Typical users of a Business Development Retainer include agencies, independent consultants, and in-house BD teams seeking predictable engagement terms.

Marketing and sales agencies that allocate retained hours for lead generation and client introductions.
Freelance business development consultants who require upfront retainer fees for ongoing availability.
Small to mid-sized companies hiring external BD support without full-time headcount.

Use a retainer when you need documented commitment, recurring resource allocation, and explicit billing terms between contracting parties.

Core sections to include in a professional retainer

Core sections of a Business Development Retainer define work scope, payment, performance measures, contract term, confidentiality, and termination procedures to reduce ambiguity and legal risk.

Scope

Describe specific activities (lead generation, introductions, proposal support), expected outputs, reporting frequency, exclusions, and any geographic or industry limits to prevent scope creep and disputes.

Retainer Fee

State fixed or recurring amount, billing cadence, acceptable payment methods, late fees, and whether retainer is refundable, earned on receipt, or applied against future invoices.

Billing Terms

Specify invoicing schedule, expense reimbursement, deposit requirements, invoicing contact, dispute resolution for invoices, and procedures for rate changes or additional work beyond the retainer scope.

KPIs

Define measurable outcomes such as qualified leads, meetings set, pipeline value, or conversion targets, and describe reporting cadence, review meetings, and remedies for unmet benchmarks.

Confidentiality

Include non-disclosure obligations, permitted disclosures, duration of confidentiality, return or deletion of confidential materials, and carve-outs and remedies for breaches.

Termination

State term length, automatic renewal conditions, notice periods, cause for termination, effect on outstanding fees, and post-termination transition or non-solicitation provisions for clients and contractors.

Step-by-step: complete and execute a retainer

Follow these sequential steps to complete and execute a Business Development Retainer accurately, whether you use paper, remote notarization, or an e-signature platform.

01

Prepare Document: Draft scope, fees, and term before populating names.
02

Enter Parties: Use full legal names and registered entities.
03

Set Payment Terms: Specify retainer amount, schedule, and invoicing details.
04

Execute & Archive: Collect signatures, deliver countersigned copies, and store securely.

Configure the e-sign workflow for the retainer

Configure your e-sign workflow to mirror the retainer's routing, authentication needs, and recordkeeping policies before sending to ensure compliance and auditability.

Field	Configuration
Authentication	Email plus SMS code; optional KBA or SSO for sensitive accounts.
Signature Type	Standard e-signature or PKI-based digital signature for higher assurance.
Routing Order	Sequential signer order with conditional fields for parallel approval paths.
Storage	PDF/A archived with access controls and audit trail retention.

Platform capabilities to verify before sending

Choose a platform that supports PDF and Word uploads, integration with CRM, and robust authentication for signer attribution.

Formats: PDF, DOCX, HTML supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS code, SSO options

Where to send and file executed retainers

After execution, distribute signed copies to finance and client services, update CRM records, and retain originals in secure storage for audit and tax purposes.

Send to Client: Deliver final signed copy to client email.
Accounting: Forward invoice and payment terms to accounting.
CRM Update: Attach executed PDF and update retainer status.
Archive: Store original in secure document repository.

Key dates to track for a Business Development Retainer

Track key dates related to the retainer: effective date, payment deadlines, reporting windows, renewal notices, and retention obligations so obligations are met and records maintained.

Effective Date:

Contract obligations begin on the Effective Date.

Initial Payment Due:

Retainer typically due within 30 days of signing.

Monthly Reports:

Deliver progress reports monthly unless otherwise agreed.

Renewal Notice:

Provide written notice 30–60 days before renewal.

Tax Record Retention:

Retain records per IRS and state retention rules.

Milestones and processing stages for the retainer lifecycle

Milestones for the retainer create a clear timeline from engagement to renewal or termination; follow these stages to monitor compliance and payments.

01

Proposal Acceptance

Client signs proposal and accepts scope.

02

Retainer Invoice Paid

Payment clears and fee is applied to account.

03

Monthly Deliverables Review

Review KPIs and adjust tactics if needed.

04

Renewal or Termination

Send renewal notice or process termination per contract.

eSignature vendor pricing and capability comparison for retainers

Comparison of common eSignature plans and capabilities relevant to executing retainers; signNow is shown first to align vendor ordering.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Security and compliance highlights relevant to retainers

Transport Encryption: TLS 1.2 and TLS 1.3

At-Rest Encryption: AES-256 encryption

Third-Party Audit: SOC 2 Type II certified

Healthcare Compliance: HIPAA-compliant with BAA required

Regulated Records: 21 CFR Part 11 compliance available

Information Security: ISO 27001 certified

Frequently asked questions about Business Development Retainers

Common questions about uses, enforceability, e-signature validity, notarization, and platform selection when executing a Business Development Retainer.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and state UETA laws adopted by 49 states and DC. Ensure intent, consent, attribution, and retention are documented to meet legal tests for enforceability.
Do I need a notary or witnesses?
Normally no for standard retainers, but certain jurisdictions or specific contract clauses may require notarization or witnesses. Remote online notarization rules vary by state and often require identity proofing and audio-video recording.
Can I rescind or modify the retainer after signing?
Modification is permitted by mutual written agreement; unilateral rescission may constitute breach and expose parties to damages. For consumer-facing contracts follow ESIGN disclosure rules when changing electronic consent terms.
What if the signature or name doesn't match?
Preserve the platform audit trail (IP, timestamp, authentication method). These metadata help establish attribution. If identity is disputed, a court will examine intent and consent evidence captured at signing.
Which signNow plan supports bulk sending?
signNow Business Premium includes bulk send features; the Site License uses usage-based pricing at $1.50 per signature invite for high-volume needs. Enterprise tiers add advanced authentication and API integration for regulated workflows.
Are retainer payments subject to tax reporting?
Yes. Payments to contractors may be reportable; obtain a completed Form W-9 to avoid backup withholding at 24% and to support accurate 1099 reporting. Misclassification of workers can trigger payroll and tax penalties.

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