File this article under the ‘news-you-can-use’ category. We know some of our RSign customers use big-name law firms that can transform any simple legal concept into complex legalese that can make any non-lawyer nearly doze off (or break out in a cold sweat) after reading the first few lines. We also know many of our small customers may simply want to follow a model that has already been used via re-using some other legal clause.
Of course, we’re not providing any legal advice here at Tech Essentials but, when it comes to eSignatures, even though we know they are legal, if the value of your agreement that you are sending for RSign eSignoff is sufficient, you may want to include the clause below, which states that all parties are affirming eSign legality when they electronically sign the agreement.
Before you read the clause (and start nodding off), this “eSignature is legal” verbiage is, of course, much more useful if you are also using RSign. Please click here to contact us about our end-of-summer special offer where you essentially can get 3 years of RSign service for the price of 1-year elsewhere–just mention the offer in the “comments” box.
So without further ado, behold the legalese, the magic words that will make eSignatures on your prized document a legal affirmation. Feel free to copy it and paste it into your agreements, or simply use it as an insomnia cure.
(Sample is for your use below. Feel free to copy and amend this for your purposes).
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All documents necessary for the consummation of the transaction contemplated by this Agreement may be executed in counterparts, including counterparts that are manually executed and counterparts that are in the form of electronic records and are electronically executed. An electronic signature means a signature that is executed by symbol attached to or logically associated with a record and adopted by a party with the intent to sign such record, including facsimile or e-mail signatures.
All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, may be used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called PDF or other document or email message formats shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered that had been signed using a handwritten signature.
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All parties to this Agreement
(i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature; (ii) intended to be bound by the signatures (whether original, faxed, or electronic) on any document sent or delivered by facsimile or electronic mail or other electronic means; (iii) are aware that the other party(ies) will rely on such signatures; and, (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature.
If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting, under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 (“eSign”) and the Uniform Electronic Transactions Act (“UETA”) of the state in which they reside or other similar statute if there is no UETA in their state, that a signature by fax, e-mail, or other electronic means shall constitute an Electronic Signature to an Electronic Record under both eSign and UETA with respect to this specific transaction.
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