The Startup Advisor Agreement is essential for early-stage and growing companies in Germany seeking to formalize relationships with experienced business advisors. This document becomes necessary when a startup wants to engage external expertise while protecting both parties' interests under German law. It typically includes detailed provisions for advisory services, compensation structures (including potential equity arrangements), confidentiality obligations, and intellectual property rights. The agreement ensures compliance with German legal requirements while providing flexibility to accommodate various advisory arrangements, from periodic consultations to more involved strategic guidance. It's particularly important for startups seeking to establish governance structures and access industry expertise while maintaining legal compliance and protecting company interests.
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1. Parties: Identification of the startup company and the advisor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including the startup's business and the advisor's expertise
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the advisor, duration of the agreement, and renewal terms
5. Services: Detailed description of advisory services to be provided
6. Time Commitment: Expected time commitment and availability of the advisor
7. Compensation: Fee structure, equity compensation (if any), and payment terms
8. Expenses: Policy on reimbursement of expenses incurred by the advisor
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and rights to intellectual property created during the advisory relationship
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/customers
12. Termination: Conditions and procedures for ending the agreement
13. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Equity Compensation Terms: Detailed terms for stock options or other equity compensation, used when equity is part of the compensation package
2. Board Observer Rights: Terms for advisor participation in board meetings, if applicable
3. Performance Metrics: Specific goals and evaluation criteria for the advisor, if performance-based compensation is included
4. Insurance and Liability: Requirements for professional liability insurance and limitation of liability provisions
5. Data Protection: Specific GDPR compliance provisions, required if personal data processing is involved
6. Remote Services: Provisions for virtual meetings and remote advisory services
7. Conflict Resolution: Specific procedures for handling disputes, including mediation or arbitration clauses
1. Schedule A - Services Description: Detailed outline of specific advisory services and responsibilities
2. Schedule B - Compensation Terms: Detailed breakdown of all compensation elements, including payment schedules
3. Schedule C - Equity Terms: Details of any equity compensation, including vesting schedules and conditions
4. Schedule D - Approved External Commitments: List of advisor's pre-approved external advisory roles or commitments
5. Appendix 1 - Confidential Information: Specific categories of confidential information covered by the agreement
6. Appendix 2 - Contact Details: Contact information and communication protocols for both parties
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