When it comes to putting together a fantastic investor pitch, a well-crafted, persuasive presentation is just one piece of the puzzle. Investors need to know the facts, the risks, and the details of your business plan, so legal disclaimers are more than a nice-to-have — they’re a requirement.
You might be saying to yourself, “Disclaimers? It’s all just legal mumbo jumbo that no one reads.” But here’s the thing: they may not be the most exciting part of your pitch, but they’re necessary to help you protect yourself from a legal standpoint. So, what can you do to make sure you’ve left no stone unturned? Let’s go through some of the legal disclaimers that can save you from future headaches and make your pitch deck more professional and trustworthy.
The Disclaimer About Forward-Looking Statements
First order of business: if you’re discussing future planning, projections, or goals, make it 100% clear that things may change. Investors want to know where your business is going, but they also want to know that nothing is set in stone.
That is where tools such as the Adobe Express template for PPT come in handy. This may feel like an odd thing to mention in a legal disclaimer context, but let me explain. These templates can help ensure your pitch deck is polished and that legal disclaimers stand out as much as the exciting stuff.
Having a forward-looking statement disclaimer protects you by recognising that the future is uncertain and that there can be no guarantees. It’s similar to adding a “batteries not included” sticker to a toy — it sets expectations early.
By incorporating these disclaimers on the slide that covers your financial projections or market forecasts, you’re setting the stage for transparency. This is your way of saying, “Don’t get me wrong, I’m confident in my numbers, but let’s get real — things can change.” This is especially important if you’re working with early-stage startups, where projections can fluctuate dramatically under different market conditions or with different teams.
The forward-looking statement disclaimer might state something like: “We make no guarantee that projections like market trends or sales forecasts that we discuss will not change over time, and we are not responsible for any errors or omissions in information we pass along.” Investors get that, but it’s really important to be specific here to avoid any lawsuits that could arise if things go south later.
Confidentiality and Non-Disclosure Agreement (NDA) Clauses
Yet another disclaimer you will want to add to your investor pitch deck is the confidentiality clause or a reference to a Non-Disclosure Agreement (NDA). You’re sharing sensitive business data — like your financials, business strategy, or intellectual property, so you want to make sure that your investors know this is confidential information. The last thing you want to do is let a competitor steal your breakthrough idea, right?
Adding a confidentiality disclaimer to your pitch deck reminds investors that they’re under an obligation not to disclose or use any of the information that you’re providing to them without your authorisation. While NDAs are usually signed separately, it’s not a bad idea to include a little note in your pitch deck that signals that you take protecting your business secrets seriously.
You might even add a little footnote that cites the NDA, particularly if you’re sending the deck out to potential investors who haven’t signed one yet. This creates a sense of security and trust, showing that you’re looking out for your company’s best interests.
You should also clarify what constitutes confidential information and what the boundaries are around what can and can’t be shared. Keep it simple — no one wants to read a 10-page legal document in a pitch deck — but let investors know they are legally bound not to disclose the details unless otherwise stated.
Legal Disclaimers about Ownership and Intellectual Property
It’s common for entrepreneurs to throw around terms like “patent pending” or “proprietary technology” in a pitch deck, particularly if you’ve really created something unique in the form of a product or service.
Here’s the kicker, though: If you don’t own the patents, trademarks or copyrights (even if you may have already made filings), you have to include a disclaimer that they are still in the process of currently being legally protected.
This could be as easy as including a disclaimer stating, “All intellectual property in this presentation is the property of [Company Name], and may be subject to patents or trademarks under review.” You could also explain whether any tech is still in development or awaiting approval from appropriate authorities. This is particularly important if you utilise proprietary methods and software, which can both be a great selling point for your business.
Additionally, if you’re using third-party IP (e.g. licensed software, patents, or trademarks), include that information as well. The clause can be very helpful in making your investors aware of the legal ownership of the tech/assets which are critical to your business plan.
Risk Acknowledgement Disclaimers
There’s no such thing as a risk-free investment, and that’s just a fact. Despite all the best plans in the world, every startup, every venture, and every business move involves risk. So, it’s only right to share this reality with your investors. Cue the risk acknowledgment disclaimer. These types of disclaimers are important because it sets expectations right away and informs investors they are investing in a business with inherent risks.
For example, you could say something like:
“Investing in [Company Name] carries risks, including, but not limited to, financial, operational, and market risks. Past performance does not guarantee future results.”
This is a simple, straightforward way of telling potential investors: Yes, this is a great opportunity, but let’s not pretend everything is guaranteed. It’s about being honest while at the same time showcasing the possibility of high returns.
Risk disclaimers also protect you in case your business doesn’t meet the projections you’ve laid out. Investors won’t be caught off guard if the company encounters problems or falls short of its financial targets. You are protecting yourself from any legal issues down the line by disclosing these risks upfront and letting your investors make a decision with the full picture in mind.
Jurisdiction and Legal Compliance
Finally, include a jurisdiction and legal disclaimer in your investor pitch deck, especially if you are looking to raise money from foreign investors. If you’re offering equity or securities, your pitch should include a notice about your compliance with local laws and regulations. This can be a murky area, as every country has its own rules regarding investments, securities laws, and financial reporting.
A jurisdiction disclaimer will clarify that the investment is being offered in accordance with the laws of your country or region and that any disputes will be handled within the relevant legal framework.
So if you’re based in India, for example, you might include a sentence along the lines of: “This pitch deck does not constitute an offer to invest in jurisdictions where any such offer would be unlawful, and is made in compliance with the laws of India, including but not limited to regulations set forth by SEBI.”
This is crucial because it safeguards both you and your investors. It ensures that they understand the legal context they’re stepping into, and it sets a clear path for settling any disagreements that may occur. It’s putting the framework in place for a legal (and stress-free) business relationship.
Protecting Your Pitch from Day One
When it comes to building your pitch deck, remember: while it’s easy to focus on the flashy visuals and projections, the legal disclaimers are what will really protect both you and your investors.
Including these key disclaimers won’t just keep you on the right side of the law, but they’ll also demonstrate professionalism and transparency. So don’t cheap out on the fine print — your future self (and your investors) will be grateful for it.