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Having an agile software development agreement drafted by a specialized SME lawyer typically costs between €500 and €1,500 for a custom-made contract, depending on the complexity and whether negotiations are required. For this price, you receive an agreement that defines the agile working method (Scrum, sprints), with clear agreements regarding budget and timeframes, acceptance per sprint, intellectual property, additional work, and exit. Below is an explanation of what the process entails, when it is worthwhile, and when you can handle it yourself.
The short answer
- Costs. €500 – €1,500 for a custom contract; a template or check is cheaper.
- Turnaround time. Usually one to two weeks, including a meeting and a revision round.
- What you get. A contract with working methods, budget/timeframes, acceptance per sprint, IE, additional work, and exit.
- When necessary. For a substantial budget, long-term development, or business-critical software.
- When not. For a small, short-term project with a trusted supplier.
How much does it cost?
The price depends on how extensive the contract needs to be and whether the lawyer also negotiates with the other party.
- Standard template with instructions: €150 – €400. Usable if you fill in the details yourself.
- Custom contract: €500 – €1,500. Tailored to your project, roles, budget, and risks.
- Have an existing contract reviewed: €250 – €750. The legal expert assesses the supplier's agreement and identifies risks.
- Negotiating on your behalf: on an hourly basis, often €150 – €250 per hour.
The process
- Initial consultation. The legal expert maps out what you are having built, with which supplier, within what budget, and which risks you wish to cover.
- Draft. You will receive a first version with the tailored working method, frameworks, and clauses.
- Correction round. You read along, ask questions, and make adjustments. Usually, one round is sufficient.
- Final version. Ready to sign, or to serve as a basis for negotiations with the supplier.
Count on one to two weeks. If there is time pressure, it can be faster.
What the lawyer pays attention to
A good SME lawyer focuses primarily on the points that go wrong with agile because the scope remains open:
- Budget and timeframes. Is there a ceiling, and does an extension only take effect upon written instruction?
- Acceptance per sprint. Are there acceptance criteria and a response time so that payment and delivery do not get delayed?
- Intellectual property. Is the copyright on the custom work actually transferred, and do you receive the source code?
- Additional work. Is the boundary between ordinary adjustment and additional work clear?
- Exit. Can you stop the transfer of source code and documentation midway without penalty?
Do it yourself or have it drafted?
You can partially arrange an agile software development agreement yourself using a template. This works if the project is small, the supplier is reliable, and the budget is limited. In that case, pay particular attention to the IP transfer and the exit strategy yourself—these are the parts you only miss when things go wrong.
Having a contract drawn up pays off as soon as a substantial budget is involved, the software becomes business-critical, or the supplier presents their own contract. In the latter case, that contract is almost always drafted in the supplier's favor; a check costing €250 – €750 can save you many times that amount later.
Have the supplier's contract checked
Many software vendors work with their own development agreement. Do not sign it blindly. Pay attention to, or have someone else pay attention to:
- Does the IP remain with the supplier, with only a license for you?
- Is there no budget ceiling, so that costs can rise without limit?
- Has the exit been made difficult, for example by withholding source code?
- Are the acceptance criteria vague, making it difficult to reject?
Example: An SME webshop was presented with a development contract by an agency in which the IP remained with the agency and there was no budget cap. A brief legal check brought this to light; after adjustment, the webshop obtained the rights to the custom work and a maximum limit on costs. The check took less than one sprint.
Honest recommendation
Have an agile software development agreement drafted or reviewed when a substantial budget is involved, the software is business-critical, or the supplier presents their own contract. Intellectual property transfer, the budget cap, and the exit clause are the areas where a lawyer pays for themselves.
If it concerns a small, short-term project with a trusted supplier and a limited budget, you often do not need a lawyer; a good template paying attention to IP and exit suffices. If in doubt, opt for a limited check instead of a fully customized process — that is cheaper and covers the most important risks.
Want to know more or arrange it directly? View the agile software development agreement, read what an agile software development agreement is and which components it includes if you want to draft an agile software development agreement.
Frequently Asked Questions
With a specialized SME lawyer, a custom contract typically costs €500 – €1,500. A standard template with completion instructions costs €150 – €400, and checking an existing contract costs €250 – €750. Negotiating on your behalf is usually done on an hourly basis.
Usually one to two weeks: an intake meeting, a draft, a revision round, and a final version. Under time pressure, it can be faster. Negotiation with the supplier may extend the turnaround time.
Especially regarding the points that go wrong in agile because the scope remains open: budget and time frames, acceptance per sprint with a response period, transfer of intellectual property and source code, the boundary with additional work, and a workable exit strategy.
Yes, with a template, if the project is small, the supplier reliable, and the budget limited. In that case, pay close attention to the IP transfer and the exit policy yourself. For a substantial budget or business-critical software, it pays to have it drafted or reviewed.
Sensible, indeed. A supplier contract is usually drafted in his favor: the IP remains with him, there is no budget cap, or the exit is made difficult. A check of €250 – €750 can save many times that amount later.
A contract that establishes the agile working method (Scrum, sprints), with budget and timeframes, acceptance per sprint, an IP policy including source code transfer, agreements on additional work, and an exit policy. Ready to sign or as a basis for negotiation.
For a small, short-term project with a trusted supplier and a limited budget, a good template paying attention to IP and exit is sufficient. If in doubt, opt for a limited check instead of a fully custom process.
