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Neil K. Hess · Posted: Mon Feb 18, 2013 4:17 pm Post subject: Contracts via e-mail

http://www.vo-bb.com/phpBB2/viewtopic.php?t=9427

As per the rules of the forum, I am referencing an old thread. I have also searched the archives to no avail for the answer to this question...just to preempt any posts about searching the archives...

With that said...

When contracts are sent via e-mail, is a simple "I agree to the terms" enough to consider a contract "signed"? Or is there some other preferred way to make this happen?

Thanks
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Jeffrey Kafer · Posted: Mon Feb 18, 2013 6:24 pm Post subject:

I'm not a lawyer, but the litmus test for lots of law-type things is "reasonableness".

So if your email trail is

Client: "Can you give me quote for this :30 spot ?"
You: "Sure, I can do it for $500. Would you like a couple of different takes?"
Client: "That'd be great."
You: "No problem, I usually include 3 in the price ."
Client: "Great, when can you have it done?"
You: "Tomorrow night"
Client: "Perfect."

Any reasonable person would look at this email trail and deduce that the client approved the budget and the work expectations.
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Bish · Posted: Mon Feb 18, 2013 6:45 pm Post subject:

For the vast majority, what Jeff says is spot on. I have however had a couple of occasions where the company lives in the 1980s and needs fax copies of signed contract and/or NDA. These Luddites will not even accept a pdf! In other cases, they have, and I just drop in a png of my signature. It's all fairly stupid and playing the game of having hard-copy when it's all electronic anyway.
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Jeffrey Kafer · Posted: Mon Feb 18, 2013 6:55 pm Post subject:

One of my audiobook publishers issues a contract for each and every book. In those cases, I use an iPad a Hobo Tounge

called Sign Now that allows me slap on a signature to a Hobo Laughing

F and send it back.
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DougVox · Posted: Mon Feb 18, 2013 7:45 pm Post subject:

The You Send It a Hobo Tounge

also lets you add signatures (or typed text) to pdf docs and you can email right from the a Hobo Tounge

.
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Mandy Nelson · Posted: Mon Feb 18, 2013 8:23 pm Post subject:

I have a form that outlines what I will do and what I expect from the client and it includes rates. No need to sign it, just acknowledge in email, and we'll all be happy. In 14 years it hasn't done me wrong. I do love a good 'ole fax, though. It makes me feel just retro enough.
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Gregory Best · Posted: Mon Feb 18, 2013 9:52 pm Post subject:

Contracts are simply agreements. As long as both parties agree to the terms a simple exchange of email works for most sutuations. Get the terms nailed down. It is all about mutual promises bargained for in excanged for consideration (value). [My contracts prof banged that into our heads in law school.]

Not all contracts must be reduced to writing. Laws from state differ slightly. Contacts for the sale of goods and real estate must be reduced to writing under the Uniform Commercial Code adopted by most states. We are offering a service. The more specific the agreement the better. However that must be balanced gainst how big and long lasting the job is.

Though I am a law school grad, I don't practice law, only work for the government doing work of lazy lawyers.

P.S. electronic signatures are a new addition with technology and becoming more widly accepted. Check your state's laws.
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Neil K. Hess · Posted: Mon Feb 18, 2013 10:22 pm Post subject:

So would something like this be ok, or is this overkill?

https://www.dropbox.com/s/sqyej1lwhjbsu2w/Invoice%20Template.docx
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cyclometh · Posted: Tue Feb 19, 2013 12:04 am Post subject:

It varies. I work with one publisher that wants signed agreements so I print out, sign the contract and put a copy in my files, then scan and send the signature page via email. Seems to work well.

A "signature" these days is less a formal thing in ink and more a formal declaration of intent, so as long as your instrument covers that, you should be OK.
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