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Sweat Equity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sweat Equity Agreement

"I need a Sweat Equity Agreement for our Zurich-based tech startup to bring on a senior software developer, offering 3% equity vesting over 3 years in exchange for technical development services, with specific milestones for our AI platform development starting March 2025."

Document background
The Sweat Equity Agreement is commonly used in Switzerland when companies, particularly startups and growing businesses, want to compensate service providers with ownership stakes rather than cash. This arrangement is particularly valuable when companies are cash-constrained but can offer valuable equity participation. The document must comply with Swiss corporate law, particularly the Swiss Code of Obligations, and address tax implications under Swiss law. It typically includes detailed provisions about the services to be rendered, equity calculation methods, vesting schedules, and corporate governance rights. The agreement is especially relevant in scenarios where long-term alignment between the service provider and company is desired, such as with key consultants, advisors, or early employees. The structure must account for Swiss-specific requirements regarding share issuance, transfer restrictions, and shareholder rights.
Suggested Sections

1. Parties: Identification of the company and the service provider entering into the sweat equity arrangement

2. Background: Context of the agreement, including company status and reason for sweat equity arrangement

3. Definitions: Key terms used throughout the agreement, including 'Sweat Equity', 'Services', 'Vesting Period', etc.

4. Services: Detailed description of the services to be provided by the service provider

5. Equity Compensation: Structure and terms of the equity stake being offered, including percentage and valuation

6. Vesting Schedule: Timing and conditions for the vesting of equity rights

7. Service Provider's Obligations: Specific duties, time commitment, and performance standards

8. Company's Obligations: Company's commitments regarding equity issuance and support

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Representations and Warranties: Standard declarations by both parties regarding capacity and authority

11. Confidentiality: Protection of company information and trade secrets

12. General Provisions: Standard legal clauses including governing law, jurisdiction, and amendments

Optional Sections

1. Intellectual Property Rights: Provisions for IP created during the service period - essential for technology or creative services

2. Non-Competition: Restrictions on competitive activities - relevant for key service providers

3. Non-Solicitation: Prevents poaching of employees or clients - important for client-facing roles

4. Board Participation: Rights to board representation - relevant for significant equity stakes

5. Tag-Along Rights: Co-sale rights in case of company sale - important for minority protection

6. Drag-Along Rights: Obligation to sell alongside majority - relevant for future exit planning

7. Death and Disability: Provisions for handling equity in case of incapacity - important for key individuals

8. Dispute Resolution: Specific arbitration or mediation procedures - useful for international arrangements

Suggested Schedules

1. Schedule A - Services Description: Detailed outline of services to be provided, including deliverables and timelines

2. Schedule B - Vesting Schedule: Detailed breakdown of vesting timeline and milestones

3. Schedule C - Equity Calculation: Formula and methodology for calculating equity stake and valuation

4. Schedule D - Share Certificate: Template or copy of share certificate to be issued

5. Schedule E - Company Information: Key company details including capitalization table and corporate structure

6. Appendix 1 - Performance Metrics: Specific KPIs or performance criteria linked to vesting

7. Appendix 2 - Required Notices: Templates for required notifications under Swiss law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses

































Relevant Industries

Technology & Software

Professional Services

Consulting

Start-ups & Scale-ups

Creative Industries

Financial Services

Healthcare & Biotech

Manufacturing

E-commerce

Media & Entertainment

Education & Training

Research & Development

Relevant Teams

Legal

Human Resources

Executive Leadership

Finance

Corporate Development

Operations

Business Development

Strategy

Administrative

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Technical Co-founder

Business Development Director

Senior Software Engineer

Product Manager

Strategic Advisor

Marketing Director

Creative Director

Management Consultant

Legal Counsel

Business Analyst

UX/UI Designer

System Architect

Operations Director

Research Scientist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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