Signing a Contract online

<p>OK so I have a couple who want to book, but they dont live here, and physically signging is a bit risky cos of getting lost in mail etc. You know how when you click I agree, or type your name in a box, your are effectively agreeing to the terms of the EULA or whatever contract, is there a way I can do this for weddings? i.e. email them a contract and have them type their names or something?</p>

<p>Thanks</p>

<p>Saad</p>

<p>You could always mail it certified or have it signed on delivery for both parties involved, so that there is no confusion and/or chances of it getting lost that way are pretty slim. Personally, I prefer to have everything in writing, but that is just me...</p>

<p>If there's enough $ involved in a wedding, the cost of $5 for a priority mail envelope <em>to</em> them should be a problem, and you can include a prepaid priority mail envelope set to come back to you. Those are traceable, and move around quickly enough. Of course, I'm presuming you live in the U.S.</p>

<p>As far as I know sending them an e-mail of the contract and them returning it adding I accept, I accept all terms, I aggree or anything to that effect is binding. The signed contract is to show a meeting of the minds. As long as you get documentation that shows that, it should hold-up in court.</p>

<p>Fax them the contract and have them sign and fax it back. You can also electronically sign a PDF file.</p>

<p>You can scan your sig, and place it in the doc, PDF it and send it out. Have them rescan or mail it back to you.</p>

<p>You would need it tied in with some other type of process. ie: the retainer payment, a tracable download, etc... You just can't give them a link and say "if you agree click here" and have it legally binding because you would need to back it up later somehow. EULA's can be enforced because the users have no choice but to agree if they want the software installed and there is no way around it. For my out of towners I just email them off a PDF, they sign it and either mail or scan/email it back. Easy.</p>

<p>One-click acceptance of an EULA is common in the computer industry but not elsewhere. I used to program web applications and could build a web form that spells out contract terms and lets clients fill in their info and click submit. But this isn't a good idea and I can't imagine ever getting to that point. It might never happen that such a form was completed and submitted by an imposter, but the fact that it's conceivable indicates that this is a very impersonal and therefore very weak way to complete an agreement for services.</p>

<p>Email acceptance of contacts is now common and widely accepted in law. It's more personal than an online form by a lot, because email addresses tend to belong to individuals and every email account requires that users authenticate themselves before sending, so an email from junebride47306@aol.com probably does come from the owner of that account. Especially with some of my high-tech business clients (like Macworld magazine) I generally now work on a contract that was sent by email and accepted by email.</p>

<p>I kind of like not having to store paper. Nevertheless, for my own contracts, I still want something on paper and signed. If the question is "Did the client accept the contract?," depending on the evidence of acceptance, the answer to the question is not an absolute, black and white Yes or No. Notwithstanding the Statute of Frauds (which requires signed contracts if the value of the contract is over a certain relatively small amount), verbal contracts have been accepted with nothing more than a handshake and sometimes enforced. An email response is valid, but as evidence of acceptance it's not as strong as a written signature, and a written signature isn't as strong as a written signature made in the presence of a witness or a notary.</p>

<p>So if I have time, I print out two copies of the contract, sign them both, and send them both to the client, with instructions that they should sign one and return it to me using the SASE that I provide. Two days after I send I ping 'em to see that they received it.</p>

<p>By the way, I store the paper contracts in an old-fashioned file cabinet. I try to remember to take a copy of the contract with me to the wedding, just in case. Never needed it but got the idea from somebody here. I should mention that I also take PHOTOS of the signed contract's pages and store those photos in a folder inside the main folder for the event's images. Provides a digital backup of the paper copy.</p>

<p>I don't use certified mail. It's not expensive but it makes people nervous (they get certified mail from the IRS) and I don't really worry about the USPS losing mail. I know it happens. It just doesn't happen to me very often, and if it does, well, I will send the client another copy of the contract. If I were worried or in a hurry, I'd either (a) fax or (b) overnight the contracts.</p>

<p>I would not worry too much about the legalities. The odds of your case going to court are infinitessimal. What you should strive for is a clear and complete understanding with your client on all important issues, and reasonably solid evidence that the client understands the terms of the agreement. In wedding biz, the real problem is that the person you're making the contract with is often different from the person who you regard as the real client. I have in the past allowed the MOB or MOG to sign the contract. I think in future I'm NOT going to do that and ask instead that the contract be signed by the bride or bride and groom. Or at a minimum, if the MOB signs the contract and pays, I'm going to insist that I have a chance to go over the terms with the bride before the wedding.</p>

<p>In the end it's not about legal technicalities. It's about clear understandings and expectations on both sides.</p>

<p>So what's wrong with sending a fax?</p>

<p>Or get them to sign, scan and email back.</p>

<p>I NEVER sign a contract before my clients do, regardless of how it's done. You are committing to being there at the wedding before they do. What if you don't hear back from them? Do you book another wedding? And then they send it back after you've done so expecting you to still be available? Or do you stay in limbo and lose out on the date?<br>

I protect myself and my staff first....-Aimee</p>

<p>Ditto Aimee's point. I email them a pdf/doc of the contract w/ everything filled out, they sign, email/fax/mail back w/ deposit. I sign, and mail them a copy for their records (w/ a few business cards of course! :-) ) </p>