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FreelanceFebruary 23, 2026 · 4 min read

My Retainer Says I Get Paid Even If They Don't Give Me Work — But Does It Actually Say That?

I am a videographer and I have a monthly retainer agreement with a local real estate agency to make property videos. I have been automatically sending them bills every month since November. Since February, they have not asked me to film anything at all. No new houses, no team videos, nothing. But I have kept sending the monthly bills. I just got an email from their accounting team asking why they have to pay if I haven't done any recent work. My contract says: "The Client agrees to pay £800 + VAT per month, covering up to four (4) property videos per month." It also says: "Property videos remain chargeable in full if access to a property is restricted or unavailable upon arrival, or if a shoot cannot proceed due to factors outside the Supplier's control." As far as I know, they just haven't had any nice houses to film lately. Isn't that something outside my control? Shouldn't I still get paid?

Retainer Fees: Are You Paying for Availability or Deliverables?

Here is the plain English version: the main payment sentence says the fee "covers up to four videos per month." It does not say the money is only owed if you actually make four videos. This is a very big deal.

There are two main ways a monthly fee works:

The words in this contract—"covering up to" a set number instead of "per video delivered"—mean this is an availability plan. This means the client cannot automatically stop paying you just because they did not send you any houses to film this month.

What Does "Outside Your Control" Really Mean in a Contract?

The sentence about "factors outside the Supplier's control" is usually meant for a very specific problem. It protects you if you show up to do a job you were given, but something stops you from finishing it. For example, if you drive to a house and the landlord forgot the keys, you still get paid.

It is much harder to argue that this sentence covers a client who simply forgets to assign you work in the first place. That is not an unexpected roadblock stopping your work—it is just the client choosing not to start any work at all.

Real Example: How Different Retainers Can Trick You

A client named Consuelo hired a family lawyer and paid a starting fee of $5,000. This is also called a retainer, but it works very differently. Months later, she got a new bill saying she owed another $8,000. No one had warned her that her original money had already been used up. Consuelo's story shows that not all monthly fees are flat and steady. Sometimes a retainer is just an upfront bucket of money. The company takes money out of the bucket for every hour they work. If the bucket runs dry, you have to add more money, and companies do not always warn you when it is empty.

What You Can Do Right Now

The Bottom Line on Monthly Retainer Fees

When a monthly agreement uses words like "up to" an amount of work, it usually means the client is paying to keep you on standby. They are buying your open schedule, not a list of completed items.

But vague sentences will not instantly win every argument with an accounting team. Reading exactly what each sentence was meant to cover is the best way to turn a scary bill argument into a confident, clear answer.

Not Sure What Your Clause Means?

If you have a document in front of you and are not sure what it actually says, paste it below. You will get a plain-English breakdown in seconds — no lawyer required.

Frequently Asked Questions

Does a retainer agreement guarantee payment even if no work is assigned?

It depends on the exact words. A monthly fee that covers "up to" a certain amount of work usually means you are being paid to stay available, not just for finished projects.

What is the difference between paying for availability and paying for deliverables?

An availability plan reserves your time whether the client uses it or not. A deliverables plan only triggers a payment when a specific piece of work is fully completed and turned in.

What does an "outside your control" clause typically cover?

It covers specific physical issues that stop you from doing an assigned job, like being locked out of a building. It does not usually cover a client who simply has no tasks to give you.

How does a prepaid balance differ from a flat monthly fee?

A prepaid balance is a lump sum of money that drops lower every time the professional bills an hour of work. A flat monthly fee stays exactly the same every single month, no matter how much work is completed.

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