This form is designed to be used for each of the Company's consultants, including both individuals and entities providing services to the Company as independent contractors instead of employees. The distinction between independent contractors and employees is complex and requires advice of counsel. You should make sure you discuss this form with your counsel before using it. It is generally appropriate for the Company to generate the initial drafts of consulting agreements for review by counsel.
Sample Legal Agreements
Whether you're a company founder or a hired gun, key elements of your compensation are governed by a set of (relatively) standard legal agreements. Thanks to Orrick, Herrington & Sutcliffe, we feature below samples of the most frequently used documents, along with a set of brief accompanying videos explaining underlying concepts and defining terms that may be unfamiliar to the lay reader. As in most agreements, some provisions may be negotiable, so seek advice from your own counsel.
Employee Offer Letter (Executive version)
Long-form agreement appropriate for a Company's CEO and other key executive officers.
Employee Offer Letter
This form is designed to be used by the Company for rank-and-file employees. Generally a full-blown Employment Agreement (below) would only be appropriate for the CEO and certain key executive officers of the Company. Everyone else would typically sign this much shorter and simpler form of Offer Letter. Make sure you get advice from counsel before using this form for the first time so that your counsel can warn you about the usual pitfalls for start-ups such as failing to pay attention to minimum wage requirements.
Confidential Information and Invention Assignment - Consultants
See employee version. This is the same agreement, but tailored for consultants.
Confidential Information and Invention Assignment - Employees
This form is designed to be used by the Company after initial consultation with counsel. Every employee and consultant (i.e., every service provider) should sign one, although there are different forms for use by employees vs. consultants. The Company should keep these in the person’s personnel file. Make sure it is filled out completely, including the Exhibits at the end of the document. If there is nothing to disclose on the Exhibit, have the person check the appropriate line and sign the Exhibit as well as the main agreement signature page. This is critical and will be the subject of careful due diligence by any serious investors.
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