Founder and co-founder terms
Set roles, time commitments, decision authority, and what happens if a founder steps away.
Startup agreements in Livermore
Founder, Equity, and Formation Agreements
Most founder disputes were decided long before the argument started, in a document nobody wrote. Potter Accord helps Livermore founders and early-stage California companies put the working terms in writing before growth makes them harder to change.
Core coverage: equity, vesting, intellectual property ownership, and confidentiality.
Set terms before tension.
Planning view
Ownership, made visible
Founder A48%
Founder B32%
Equity pool20%
Vesting terms
Cliff, schedule, and departure rulesWritten early
Before the cap table gets crowded
Cliff, schedule, and departure rulesWritten early
Before the cap table gets crowded
Start with the working terms
Documents Founders Need Early
A founder agreement California companies can actually use should describe how people contribute, make decisions, and handle a change in plans. Put ownership expectations on paper while everyone is aligned.
Start with clear ownership.
Equity and vesting
Document ownership, vesting schedules, cliffs, acceleration terms, and treatment of unvested interests.
Intellectual property
Clarify company rights in code, designs, brand assets, and work brought in before formation.
Confidentiality
Set practical confidentiality terms for employees, contractors, advisors, and other contributors.
A vesting schedule has a timeline.
Illustrative markers only. The right schedule depends on the company's terms and circumstances.
Cliff
Year 1
Midpoint
Complete
Make the details legible
Getting Equity Structure Right the First Time
A startup equity agreement should answer what is earned, when it is earned, and what happens if a founder leaves. Clear drafting also helps keep company records understandable when financing diligence begins.
Vesting and cliffs
Set a schedule that reflects the expected commitment and spells out the cliff period.
Departure terms
Address voluntary and involuntary departures, including interests that have not vested.
Financing and acceleration
Define whether a financing or other event changes vesting, and under what stated conditions.
Write down the exit terms.
Ownership needs a paper trail
Intellectual Property and Confidentiality
A technology contract attorney can help make company ownership clear from day one. The paperwork should account for existing work as well as what founders and contributors create for the company.
Name the work and its owner.
Assign work made for the company
Cover code, product designs, written materials, inventions, and brand assets created within the agreed scope.
Identify pre-existing work
List prior projects or tools a founder is bringing in, then state how the company may use them.
Include every contributor
Use written terms with employees, contractors, interns, and advisors who may access confidential information or create company work.
Set confidentiality expectations
Define protected information, permitted use, and the obligations that continue when a working relationship ends.
Plan for the next stage
Agreements as the Company Grows
New people, customers, and capital bring different contract needs. Select a stage to see common documents to consider.
The paperwork changes with you.
01Formation
Set founder expectations and document ownership.
- Founder or co-founder agreement
- Equity and vesting terms
- Intellectual property assignment
- Operating agreement, where applicable
02First hires
Set clear terms for new working relationships.
- Employment agreements
- Contractor agreements
- Confidentiality terms
- Work ownership provisions
03Early customers
Put delivery, payment, and product use in writing.
- Service agreements
- Statements of work
- Subscription terms
- Technology and SaaS contracts
04Advisors and investors
Record the scope of outside contributions and capital terms.
- Advisor agreements
- Operating agreement updates
- Investment documentation
- Related governance terms
Straight answers for founders
Founder Questions
Start with the facts of your company, who is contributing, and what each person expects to own.
Specific terms beat assumptions.
Do we need a founder agreement before we are formally incorporated?
It can be useful to document expectations while the company is being formed. The right structure depends on the entity, the founders, and how work or ownership is being handled, so the agreement should be coordinated with formation documents.
How should we handle a co-founder who is contributing part time?
Describe the expected time commitment, responsibilities, decision rights, and how equity is earned. A clear co-founder agreement can address what changes if the person's availability or role changes.
What happens to unvested equity if someone leaves?
The outcome depends on the governing documents and the terms the parties agree to. Drafting should state what happens on different departure scenarios and explain any repurchase or forfeiture provisions.
Can you help with advisor agreements and early customer contracts, too?
Yes. Support can include advisor terms, service agreements, statements of work, subscription terms, and other business contracts as the company adds relationships.
A clear start for the company
Document the Company Before It Grows
Set founder, equity, and IP terms while the people involved can agree on the details. Speak with a Livermore startup lawyer about the documents your company needs now.
Begin with the facts on the table.