How do you structure a consulting agreement? Your consulting agreements should start with the details of each party, lay out the scope of work, define the terms and conditions of the contract, and leave a space for each party to add their signature.
When you draft an employment contract that includes equity incentives, you need to ensure you do the following: Define the equity package. Outline the type of equity, and the number of the shares or options (if relevant). Set out the vesting conditions. Clarify rights, responsibilities, and buyout clauses.
Equity agreements allow entrepreneurs to secure funding for their start-up by giving up a portion of ownership of their company to investors. In short, these arrangements typically involve investors providing capital in exchange for shares of stock which they will hold and potentially sell in the future for a profit.
Equity agreements commonly contain the following components: Equity program. This section outlines the details of the investment plan, including its purpose, conditions, and objectives. It also serves as a statement of intention to create a legal relationship between both parties.
A consulting agreement is a friendly, formal document that outlines the working relationship between a business and a consultant who provides their services to that company. Also known as a business consulting agreement, independent contractor agreement, freelance contract, or consulting contract.
In general, the difference is that the consultant's role is to evaluate a client's needs and provide expert advice and opinions on what needs to be done, while the contractors role is generally to evaluate the client's needs and actually perform the work.
While employment contracts establish a traditional employer-employee relationship with greater control and benefits, consulting agreements offer flexibility, independence, and project-based arrangements.
Are Consulting Agreements Legally Binding? Consulting agreements are binding contracts that can have legal consequences. The terms of a consulting agreement often have clauses that explain what to do if a dispute occurs and what actions the offended party could take.
Both involve the meeting of minds and exchange of promises, but a contract typically entails a more formalized arrangement, often documented in writing, and carries legal enforceability. Conversely, an agreement can be informal and may not always be legally binding.
As a rule of thumb, a non-founder CEO joining an early-stage startup (that has been running less than a year) would receive 7-10% equity. Other C-level execs would receive 1-5% equity that vests over time (usually 4 years).