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Founder Agreement Checklist
Educational checklist of every clause a founder agreement should address. Not a legal document.
Last updated May 19, 2026
What it is
A checklist of clauses a real founder agreement should address. Use it to brief your lawyer; do not use it as a substitute for one.
When to use it
Day one of any multi-founder business. Before equity gets emotional.
Important: Educational only. Not legal advice. Speak to a qualified lawyer admitted in your jurisdiction.
The template
# Founder Agreement Checklist (Educational) **Educational only. Not legal advice.** Have a qualified lawyer in your country draft or review the actual agreement. ## Parties - [ ] Full legal names of all founders - [ ] Their roles (CEO, CTO, etc.) - [ ] Effective date ## Equity - [ ] Equity split (with the principle behind it — write it down even if split is 50/50) - [ ] What that split looks like on the cap table - [ ] Provision for adjustments before any institutional round ## Vesting - [ ] Standard schedule (e.g. 4 years with 1-year cliff) - [ ] What happens on voluntary departure - [ ] What happens on termination for cause - [ ] What happens on termination without cause - [ ] Acceleration triggers (e.g. change-of-control acceleration) ## IP Assignment - [ ] All work product belongs to the company - [ ] Pre-existing IP carved out and listed explicitly - [ ] Open-source or third-party code disclosed ## Decision Rights - [ ] Day-to-day operational decisions: who decides what - [ ] Major decisions requiring unanimous consent (e.g. fundraising, M&A, taking on debt over $X) - [ ] Tie-breaker mechanism ## Compensation - [ ] Salary (if any) at founding - [ ] When salary increases trigger (e.g. after raising, after $X MRR) - [ ] Expense reimbursement policy ## Time Commitment - [ ] Full-time vs part-time - [ ] Other commitments allowed (board seats, advisory, second jobs) - [ ] Non-compete during tenure ## Exit Triggers - [ ] Founder departure mechanics - [ ] Buyback rights on un-vested or vested shares - [ ] Right of first refusal on share sales ## Confidentiality - [ ] Confidentiality obligations during and after tenure - [ ] Trade secret protection ## Dispute Resolution - [ ] How disputes get resolved (mediation, arbitration, court) - [ ] Jurisdiction - [ ] Governing law ## Closing - [ ] Amendment requirements (e.g. written, signed by all) - [ ] Severability - [ ] Counterparts (signature pages) --- **Reminder:** Take this list to a qualified lawyer admitted in your jurisdiction. The cost of writing this in year 1 is small; the cost of fixing it in year 3 after a fight can be the company itself.
Common mistakes
- 50/50 splits without thinking — sometimes right, often not
- Skipping vesting because 'we're founders, we'd never leave' — every founder breakup says that
- Forgetting IP assignment for the contractor who helped build the prototype
- Treating this checklist as the actual agreement (it's not — it's the brief)
Related tool
Legal Readiness ChecklistRelated hub
Startup LegalRelated resource
Founder Legal Checklist (Year 0)