Terms.Law Contracts Founders Agreement
Pre-Incorporation Essential

Founders Agreement Generator

Define equity splits, roles, vesting, IP ownership, and deadlock resolution before you incorporate. I created this generator from founders agreements I've drafted for pre-seed and seed-stage startups in my practice.

What is a Founders Agreement?

A Founders Agreement is a pre-incorporation contract between co-founders that defines equity splits, roles and responsibilities, vesting schedules, intellectual property ownership, decision-making procedures, and what happens if a founder leaves. It's typically signed before or at the time of incorporation to protect all founders during the critical early stage when the company is most vulnerable to disputes.

Why You Need a Founders Agreement

Key Terms to Understand

Vesting: The standard 4-year vesting with 1-year cliff means no equity vests for the first year, then 25% vests at month 12, and the rest vests monthly over 36 months. Cliff: The period before any equity vests. Single-trigger acceleration: All equity vests immediately upon one event (typically an acquisition). Double-trigger: Requires both an acquisition AND termination. Good Leaver vs Bad Leaver: Good leavers (voluntary departure, death, disability) keep vested shares; bad leavers (cause, breach) may forfeit some or all equity.

Founders Agreement vs Shareholder Agreement

A Founders Agreement covers the pre-incorporation relationship and early-stage dynamics: who does what, how equity splits, what happens in disputes. A Shareholder Agreement is the post-incorporation governance document covering share transfers, board composition, drag/tag-along rights, and investor protections. Often the Founders Agreement is superseded by or incorporated into the company's formal organizational documents after incorporation and initial fundraising.