The Consulting For Equity Agreement serves as a critical legal instrument for companies, particularly startups and growth-stage businesses in the United States, that wish to leverage external expertise while preserving cash resources. This agreement type is commonly used when companies seek to attract high-value consultants by offering equity compensation as an alternative to traditional cash payment. The document addresses key aspects such as service scope, equity terms, vesting conditions, and IP rights, while ensuring compliance with SEC regulations and state securities laws. The agreement is particularly valuable for early-stage companies looking to access expertise while aligning consultant interests with long-term company success.
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1. Parties: Identification of the consulting party and the company receiving services
2. Background: Context of the agreement and general purpose of the consulting arrangement
3. Definitions: Key terms used throughout the agreement including 'Services', 'Equity Compensation', 'Intellectual Property'
4. Scope of Services: Detailed description of consulting services to be provided
5. Equity Compensation: Details of equity grant, including type, amount, and vesting schedule
6. Term and Termination: Duration of agreement and conditions for termination
7. Intellectual Property Rights: Assignment and ownership of IP created during consulting period
8. Confidentiality: Protection of confidential information and trade secrets
1. Additional Compensation: Any cash or other compensation beyond equity - include when hybrid compensation model is used
2. Expenses: Terms for reimbursement of consultant expenses - include when consultant may incur reimbursable expenses
3. Non-Competition: Restrictions on competing activities - include when protecting against competitive threats
4. Insurance: Requirements for professional liability insurance - include when services involve significant risk
1. Schedule A - Services Description: Detailed outline of consulting services and deliverables
2. Schedule B - Equity Terms: Detailed terms of equity grant, including vesting schedule
3. Schedule C - IP Assignment: Specific IP assignment provisions and procedures
4. Appendix 1 - Securities Law Disclosures: Required securities law notices and acknowledgments
5. Appendix 2 - Company Stock Plan: Reference to or excerpt of relevant company stock plan
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