Advice on partnership issues.....

Hi, A few months ago, 2 of my friends and I came up with an idea to create a website that would allow people to create and share polls, and analyze the results in various interesting ways. We did not know anything about web programming or databases but spent time trying to learn about it. Our aim was to build a quick "proof-of-concept" prototype without intially caring much about the UI/Design.

I knew someone from college who was a good hacker and asked him to join us. I felt he could help us with the technical issues, teach us how to architect the website and point us to the right tools we could use. He also needed housing for a few months and we thought he could stay and work with us. We pitched him about the idea and he seemed enthusiastic. To prevent disagreements in future, all 4 of us signed an agreement which clearly stated how much equity each person would get.

Things seemed to go well for a few months. We even managed to get a really basic prototype up and running. Then one night after dinner, the good hacker told us he would gradually step away from helping out. He wanted to focus on his day job and he told us that he had been helping us all along only because we provided him with free housing. Furthermore, he wasn't yet ready to make a major commitment to what we were working on. We were pretty upset but there was nothing we could do to get him to stay. He found housing soon afterwards and moved out.

We haven't been in touch with him for a while. Since he moved out, we have been persisting with our idea on weekends (all of us have 14-15 hour work-days at our day jobs). We are more experienced and have learnt a lot, particularly through places like HN.

One of our team-members just quit his job to work on this full-time. We are hoping to release a new version of our site (with a good UI and a more fully developed concept) by the end of September and apply to programs like YC in the fall.

Our only concern is, how can we draft a new agreement that voids the previous paternership agreement that we signed with the good hacker? We think it is only right that we compensate the good hacker for working with us and teaching us about things like good program design etc. However, given how he chose to drop out of the project in a sudden manner, we feel that he certainly doesn't deserve 10% of the initial equity. What do you suggest we do?

I was thinking of arranging a meeting with him over dinner and welcoming back, telling him that we would love to have him as a "technical" advisor". He wouldn't have to devote a significant amount of time to the project and we would still get the benefit of having someone experienced look at our code, suggest better ways of designing the application, and recommend new tools that might be useful for our development process. Is this a good idea?

Apologies if this is a long post. Just wanted to get the whole story out there so I could hear some good suggestions.

Thanks,