Rowan is the Marketing Coordinator at Sprintlaw. She is studying law and psychology with a background in insurtech and brand experience, and now helps Sprintlaw help small businesses
- What Is A FAST Agreement (And When Do You Need One)?
Key Terms To Include In A FAST Agreement (2026 Checklist)
- 1) The Advisor’s Role And Scope
- 2) Term (How Long The Arrangement Runs)
- 3) Fees And Payment Structure
- 4) Equity, Vesting, And What Happens If Things Change
- 5) Confidentiality And Handling Of Sensitive Information
- 6) Intellectual Property (IP) And Ownership Of Work Product
- 7) Conflicts Of Interest
- 8) Termination And The “Break Glass” Clause
- Key Takeaways
Bringing in an advisor can be a game-changer for your business.
Maybe you’re a founder who needs help with growth strategy, product-market fit, fundraising introductions, or simply someone who’s “been there before” to keep you steady when decisions get tough. Or perhaps you’re an established business owner working with a specialist who can help you enter new markets, streamline operations, or negotiate better supplier terms.
But here’s the part many businesses don’t plan for: an advisor relationship can become messy very quickly if you don’t clearly document what’s been agreed.
When expectations aren’t aligned (or the advisor starts talking to investors using your pitch deck, or you pay for advice that never arrives), it can lead to disputes, wasted money, and a lot of stress at the worst possible time.
That’s why a properly drafted advisor agreement matters. In 2026, if you’re working with an advisor, you want something that is clear, founder-friendly, and built for modern startups and growing businesses.
In practice, that often means putting a FAST Agreement in place.
What Is A FAST Agreement (And When Do You Need One)?
A FAST Agreement is a standardised, startup-focused advisor agreement designed to make advisor relationships clearer and easier to manage.
It’s commonly used when you’re giving an advisor:
- Equity (often options or a small percentage of shares) in exchange for their ongoing involvement; and/or
- Cash fees (a monthly retainer, hourly rate, project fee, or success fee); and/or
- Access to your sensitive business information so they can give informed advice.
You’ll usually want a FAST Agreement (or an advisor agreement with similar protections) if:
- the advisor will be making introductions to investors, customers, or partners;
- the advisor will be involved over time (not just a one-off call);
- you’re granting equity now or in the future;
- the advisor will have access to confidential information, financials, source code, or product plans; or
- you want a clear “off ramp” if the relationship stops working.
Even if you trust the advisor, it’s still worth documenting the relationship. A good agreement protects both parties by setting expectations early, while things are positive and cooperative.
Why Advisor Arrangements Go Wrong (And How A FAST Agreement Helps)
Most advisor disputes don’t happen because someone is intentionally doing the wrong thing. They happen because the arrangement starts informally and then quietly grows arms and legs.
Here are some common pain points we see when businesses don’t document an advisor relationship properly.
“What Exactly Were They Supposed To Do?”
You might think the advisor is doing sales introductions and reviewing strategy. The advisor might think they’re providing “general guidance” and are only available when asked.
A FAST Agreement helps because it can clearly set out:
- the scope of services (what the advisor will and won’t do);
- time commitments (for example, a set number of hours per month); and
- how you’ll work together (meetings, reporting, response times).
Equity Promises That Don’t Match Reality
A classic scenario: a founder offers “2% equity” to an advisor in a conversation or email thread. Later, the business raises capital, restructures, or issues more shares, and suddenly nobody is sure what that 2% really meant.
Was it:
- 2% of the company today, before any investment?
- 2% after dilution (which is not typical, but sometimes assumed)?
- 2% issued immediately, or vesting over time?
- 2% as shares, options, or another instrument?
A strong advisor agreement should remove ambiguity by stating exactly how equity works and what conditions apply (including any vesting schedule or milestones).
Confidential Information Gets Shared Too Freely
Advisors often need access to sensitive information to help you properly. But that doesn’t mean your confidential information should float around without clear protections.
Sometimes an advisor:
- shares your pitch deck with a third party to “get feedback”;
- reuses frameworks or templates you created internally; or
- works with another business in your industry and accidentally blurs boundaries.
To reduce this risk, it’s common to pair an advisor arrangement with strong confidentiality obligations. Depending on the relationship, you might also put a standalone Non-Disclosure Agreement in place before any detailed discussions begin.
There’s No Clean Exit
Sometimes the relationship simply stops working. The advisor becomes unavailable, priorities shift, or the business outgrows the type of support they provide.
Without clear termination and post-termination terms, you can end up stuck in uncertainty about:
- whether equity continues to vest;
- whether fees are refundable or still payable;
- what happens to confidential information; and
- whether the advisor can keep representing themselves as associated with your business.
A FAST Agreement is designed to create a practical, founder-friendly framework for exiting cleanly if needed.
Key Terms To Include In A FAST Agreement (2026 Checklist)
If you’re putting a FAST Agreement in place in 2026, the goal is not to create the longest contract possible. The goal is to create a clear agreement that reflects how modern advisor relationships actually work.
Key terms to think about include:
1) The Advisor’s Role And Scope
This is where you outline the advisor’s services in plain English.
- What they will do: for example, monthly strategy calls, introductions to investors, go-to-market advice, hiring support.
- What they won’t do: for example, no operational responsibility, no authority to sign contracts, no employee-like duties.
This section matters because it anchors expectations. It also helps avoid a situation where an advisor starts acting as though they can commit your business to deals.
2) Term (How Long The Arrangement Runs)
Many advisor arrangements run for a fixed term (for example, 6 or 12 months), with the option to extend.
A defined term makes it easier to review whether the relationship is still delivering value, rather than letting it drift indefinitely.
3) Fees And Payment Structure
If the advisor is paid in cash (or a mix of cash and equity), the agreement should specify:
- the fee amount and frequency (monthly, hourly, milestone-based);
- how invoices are handled (including payment timeframes);
- whether expenses are reimbursed; and
- what happens if meetings are missed or work isn’t delivered.
This is also where you can build in boundaries. For example, if the advisor wants to do “extra work,” you can specify that additional services need written approval first.
4) Equity, Vesting, And What Happens If Things Change
If you’re offering equity, it’s worth being particularly careful with drafting. The agreement should clearly state:
- what equity is being granted (and in what form);
- whether it vests over time (common) or is granted upfront (higher risk);
- what happens if the arrangement ends early; and
- how corporate actions affect the equity (for example, future fundraising rounds, share splits, restructures).
If you have (or plan to have) multiple founders or investors, it’s also important that your advisor arrangement works smoothly alongside your broader ownership documents, such as a Shareholders Agreement and a Company Constitution.
5) Confidentiality And Handling Of Sensitive Information
At minimum, you’ll want confidentiality obligations that cover:
- what information is confidential;
- how the advisor can use it (usually only to provide the services);
- when they can disclose it (for example, with your consent or if required by law); and
- how confidential information is returned or destroyed when the relationship ends.
In 2026, confidentiality clauses also need to reflect how information is actually stored and shared (cloud platforms, collaboration tools, messaging apps, shared drives).
6) Intellectual Property (IP) And Ownership Of Work Product
If the advisor is creating anything for you (such as frameworks, documents, pitch materials, templates, product recommendations, or draft policies), you should be clear about who owns what.
Some advisors will bring pre-existing materials (their own IP) and license it to you. Others might create new material specifically for your business.
The agreement should document:
- what existing IP the advisor retains;
- what new IP is created during the engagement; and
- whether your business receives an assignment or licence.
7) Conflicts Of Interest
Advisors often work with multiple businesses. That can be helpful (they bring broader experience), but it also creates risk if they advise competitors or hold overlapping roles.
Conflicts provisions can require the advisor to:
- disclose actual or potential conflicts;
- avoid advising direct competitors (if that’s important to you); and
- get your written consent before taking on certain engagements.
8) Termination And The “Break Glass” Clause
One of the most practical parts of any advisor agreement is how it ends.
A well-structured agreement should cover:
- termination for convenience (ending with notice);
- termination for cause (serious breach, misconduct, confidentiality breach);
- post-termination confidentiality and IP provisions; and
- whether equity stops vesting immediately.
Termination clauses help you move quickly and cleanly if the relationship becomes risky or unproductive.
How To Set Up A FAST Agreement The Right Way (Step-By-Step)
If you’re ready to formalise your advisor relationship, here’s a practical approach that keeps things clear and business-friendly.
1) Get Clear Internally Before You Send Anything
Before you negotiate terms, decide what you actually want from the advisor.
- What problem are they solving?
- How will you measure value?
- How much time do you realistically expect from them?
- Are you comfortable offering equity, or is cash cleaner?
This step matters because many disputes start with unclear expectations, not “bad behaviour.”
2) Decide Whether Equity Makes Sense (And If So, On What Terms)
Equity can align incentives, but it can also become expensive later if the advisor’s contribution doesn’t match what you expected.
Common ways to reduce risk include:
- vesting equity over time (so it’s earned);
- using milestone-based vesting (where appropriate); and
- keeping equity grants modest and tightly defined.
If you’re also fundraising, you’ll want to ensure the advisor arrangement doesn’t create issues with investor expectations. Depending on where you are in the process, you might also be using a Term Sheet to document key deal terms with an investor, and it’s worth making sure the documents don’t conflict in practical ways.
3) Put Confidentiality In Place Early (Before Sharing The Good Stuff)
If you haven’t already, get confidentiality protections in place before handing over sensitive materials.
This is particularly important if the advisor:
- works with multiple businesses in the same sector;
- will be introduced to investors using your deck;
- will have access to product roadmaps, financials, or customer data.
4) Make It Clear The Advisor Is Not An Employee
Advisors are usually independent contractors, not employees. But the way you structure the relationship matters.
To avoid misunderstandings (and to keep roles clear), your agreement should reflect that:
- the advisor isn’t employed by you;
- they don’t have authority to bind your business; and
- they’re responsible for their own taxes and insurance (where relevant).
If you’re hiring employees as well, it’s still important to keep your employment paperwork separate and properly documented using an Employment Contract that matches the role and award coverage (if any).
5) Keep Variations In Writing
Advisor arrangements often evolve. Maybe you start with a monthly call, then shift to weekly support, then add a success fee for introductions, and so on.
If you don’t record changes properly, you can end up with multiple “versions” of the deal floating around in emails and Slack messages.
It’s usually best to document changes formally so both parties are clear. Depending on the setup, a Contract Amendment can be a simple way to capture updates without rewriting everything from scratch.
Common Mistakes Businesses Make With Advisor Agreements (And How To Avoid Them)
Even with good intentions, these issues come up again and again.
Making A Verbal Equity Promise Too Early
It’s easy to say “we’ll give you 1–2%” when you’re excited and grateful. But equity is one of the hardest things to unwind later.
If you want to show commitment early, it can be better to agree on a process (and put a written agreement in place) before making any promise that creates expectations.
Overpaying For Access, Not Outcomes
Some advisors bring real value. Others trade mostly on credibility, reputation, or vague support.
That doesn’t mean you should only pay for outcomes (not everything can be measured), but it does mean your agreement should be specific enough that you can tell whether the relationship is working.
Skipping Conflicts Clauses Because It Feels “Awkward”
Conflicts clauses aren’t an insult. They’re a business safeguard.
If your advisor is connected in your industry, they will likely have other relationships. That’s normal. What matters is whether you have a system for disclosure and boundaries.
Not Thinking About What Happens After Termination
Even if the relationship ends on good terms, you still need clarity on:
- ongoing confidentiality obligations;
- return of documents and access removal;
- public references (for example, removing the advisor’s name from your website); and
- ongoing equity rights, if any.
This is one of those areas where having the right document in place early can save you a lot of time and discomfort later.
Key Takeaways
- Advisors can accelerate your growth, but informal arrangements often lead to misunderstandings around scope, equity, confidentiality, and termination.
- A FAST Agreement helps you clearly document what the advisor will do, how they’ll be paid, and what happens if the relationship ends.
- If equity is involved, you’ll want clear drafting around vesting, dilution, and corporate changes so you don’t create unintended long-term obligations.
- Confidentiality and IP ownership terms are essential when an advisor will access sensitive information or create materials for your business.
- Your advisor agreement should fit alongside your broader business documents (like your Shareholders Agreement and Company Constitution) to avoid conflicts as you grow.
If you’d like help putting a FAST Agreement in place for your advisor arrangement, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








