Is an electronic signature legally valid?

Yes. Under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, electronic signatures are legally binding if intent, consent, attribution, and retention are satisfied.

When is notarization required?

Notarization is required only when a statute, deed, or a specific contract clause requires it; many affirmation documents do not require notarization unless associated with real property or statutory filings.

Can I use remote online notarization?

If your state permits RON, use identity proofing and an audio-video record; check state RON rules as requirements vary by jurisdiction.

What authentication level should I use?

Choose authentication proportional to risk: email link for low-risk confirmations, SMS or KBA for medium risk, and stronger ID verification for regulated data or high-value commitments.

How long should I retain executed copies?

Keep executed agreements for the contract term plus statutory retention; follow IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) minima where applicable.

What if a signer’s name doesn’t match records?

Resolve name mismatches before relying on the affirmation; mismatched names can trigger tax withholding, rejection by counterparties, or disputes over authority.

Electronic Signature
Templates
Miscellaneous
Business Affirmations and Agreements

Business Affirmations and Agreements

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUSINESS AFFIRMATIONS AND AGREEMENTS

Parties

This Business Affirmations and Agreements (the Agreement) is made and entered into as of by and between:

Party A — Full Legal Business Name Party A — Principal Business Address Party B — Full Legal Business Name Party B — Principal Business Address

Recitals

WHEREAS, Party A is engaged in the business of providing certain services and has the capacity and expertise to perform the work described herein; and

WHEREAS, Party B desires to engage Party A on the terms and conditions set forth in this Agreement and Party A accepts such engagement subject to the terms below; and

WHEREAS, the parties desire to set forth their affirmations, representations, warranties and mutual agreements in writing to govern their relationship and the performance of the work.

Scope of Work

Party A shall perform the services, deliverables and other work items described below in a professional and workmanlike manner in accordance with industry standards:

Detailed Scope of Work

Payment Terms

In consideration for the services, Party B shall pay Party A the amounts set forth below in accordance with the schedule and conditions specified.

Total Contract Amount Payment Schedule (installments, milestones or retention)

Payments are due within days of invoice receipt unless otherwise specified. Unpaid amounts beyond the due date shall accrue interest at the lesser of the following: (a) a late fee of per month; or (b) the maximum rate permitted by applicable law. Minimum late fee per billing cycle:

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing days' prior written notice to the other party. Either party may terminate immediately for material breach by the other party if the breach remains uncured for a period of thirty (30) days following written notice of such breach.

Confidentiality

For purposes of this Agreement, Confidential Information means all non-public information disclosed by one party (Disclosing Party) to the other (Receiving Party) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information specifically includes but is not limited to business plans, financial information, customer lists, pricing, technical data, trade secrets and work product.

The Receiving Party shall (a) use Confidential Information only for the purpose of performing under this Agreement; (b) restrict disclosure of Confidential Information to its employees, agents or contractors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein; and (c) exercise at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

The obligations in this section shall not apply to information that (i) is or becomes generally available to the public through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession prior to receipt from the Disclosing Party without breach of any obligation of confidentiality; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. If disclosure is compelled by law, the Receiving Party will provide prompt notice where permitted and cooperate to obtain a protective order or other remedy.

Representations and Affirmations

Each party represents and warrants that: (a) it has full corporate power and authority to enter into and perform its obligations under this Agreement; (b) the person executing this Agreement on its behalf is duly authorized; and (c) the execution, delivery and performance of this Agreement do not and will not violate any applicable law or contractual obligation.

Affirmation (check all that apply)

Party has authority to bind the entity No existing conflicts or encumbrances Compliance with applicable laws

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles. The parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiation. If negotiation fails, the parties shall submit the dispute to binding arbitration in the county of the governing state unless the parties mutually agree otherwise.

Indemnification and Limitation of Liability

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims resulting from its breach of this Agreement or negligent acts or willful misconduct. EXCEPT FOR A BREACH OF CONFIDENTIALITY OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Assignment and Subcontracting

Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that either party may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets, after providing notice to the other party.

Entire Agreement; Amendments

This Agreement, including all exhibits and attachments incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether oral or written. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted hereunder shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by written notice. Notices shall be deemed given upon personal delivery, upon confirmed electronic transmission, or three (3) days after deposit in the United States mail, postage prepaid, certified mail, return receipt requested.

Party A — Printed Name:

By:

Date:

Party B — Printed Name:

By:

Date:

What a Business Affirmations and Agreements document is

A Business Affirmations and Agreements document records mutually agreed statements, representations, and contractual commitments between commercial parties. It typically lists the parties, factual affirmations (such as authority, compliance, or prior disclosures), the operative terms or conditions tied to those affirmations, and signature blocks for authorized representatives. These agreements are used for supplier onboarding, vendor attestations, partnership covenants, and transaction-level confirmations where clear written acknowledgment of facts and responsibilities is required for governance, risk management, or later audit.

Why these affirmations matter for business controls and compliance

Business affirmations create written evidence of representations and authorizations that reduce ambiguity, support audit trails, and allocate legal responsibilities. When executed correctly they help demonstrate consent, attribution, and retention consistent with the ESIGN Act (15 U.S.C. §7001) and UETA in most states.

Typical users and signing parties

The document is used by business owners, procurement teams, legal counsel, and compliance officers who need documented affirmations from third parties or internal stakeholders.

Procurement teams and contract managers verifying vendor compliance and representations.
Legal and compliance departments capturing authority and warranty statements from counterparties.
Finance or accounts payable confirming invoicing, tax status, and payment terms.

Use cases span vendor onboarding, contract amendments, attestations of authority, and transaction confirmations where a concise, signed statement of fact is required.

Core parts of a professional Business Affirmations and Agreements

A clear structure makes the document reliable in commercial and regulatory review. Include discrete, labeled sections to support interpretation and enforcement.

Parties

Full legal names and entity types for each party; identify the signing representative and title to show authority.

Recitals

Short background statements explaining why the parties are entering the affirmations and the context for the representations.

Affirmations

Numbered factual statements or promises the signer affirms, with any relevant timeframes or scope limitations clearly defined.

Terms

Consequences for inaccurate affirmations, indemnities, notice procedures, and governing law to manage risk and dispute resolution.

Signature Blocks

Authorized signatory name, title, date, and electronic or wet signature fields; include capacity and contact details.

Attachments

Exhibits, supporting documents, or schedules referenced in affirmations for evidence and traceability.

Step-by-step: complete and sign a Business Affirmations and Agreements

Follow this straightforward sequence to prepare, validate, and execute the agreement with an audit trail for future review.

01

Prepare Document: Draft or upload the finalized agreement text with exhibits attached.
02

Place Fields: Add name, date, affirmation, and signature fields in required locations.
03

Assign Signers: Specify signer emails, role, and signing order if sequential signing is needed.
04

Send for Signature: Dispatch the request and track status until each signer completes execution.

Typical digital workflow settings for online completion

Configure workflow options to match your compliance and operational needs before sending the document for signature.

Field	Configuration
Signing Order	Sequential or parallel routing based on roles and approvals
Authentication	Email link, SMS code, or stronger ID verification as required
Reminder Schedule	Automated reminders at set intervals until signing completes
Storage Location	Choose secure cloud repository and retention policy

Where to send, file, and store executed agreements

Decide destination and recordkeeping methods to meet audit and legal obligations before finalizing the document.

Counterparty: Send executed copies to all signers for their records.
Internal Team: Route a copy to legal, procurement, and finance as applicable.
Central Repository: Store the executed PDF and audit trail in a secure document management system.
Optional Filing: File supporting evidence with contract folders or regulatory logs if required.

Digital signing and distribution considerations

Choose a platform that supports secure PDFs, audit trails, and the authentication level you require.

File formats: PDF, DOCX, and TXT for source and export compatibility
Integrations: CRM, ERP, cloud storage connections to automate record flow
Authentication: Email link, SMS code, KBA, or advanced signer checks

Ensure your solution can produce a timestamped certificate of completion and stores the signed file with encryption and access controls.

Comparing eSignature vendors for Business Affirmations and Agreements

Cost and feature comparisons help select a platform that matches required authentication, volume, and compliance needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Short list of primary legal risks from errors

Unenforceable Agreement: Court may refuse enforcement

False Affirmation: Exposure to indemnity claims

Tax Consequences: Withholding or reporting penalties

Data Privacy Violation: HIPAA or state law fines

Lost Evidence: Incomplete audit trail undermines proof

Authentication Failure: Signature attribution may be challenged

Common mistakes to avoid when preparing affirmations

Using vague or open-ended language in affirmations that leaves interpretation to later dispute rather than precise, measurable statements.
Failing to confirm the signatory’s authority and title; unsigned or unauthorized signers invalidate corporate commitments and create enforcement issues.
Attaching exhibits by reference without embedding or appending the actual files, which leads to ambiguity over the agreed content during audits.
Neglecting to specify governing law, notice addresses, or remedies; omission increases litigation costs and jurisdictional uncertainty.

Real-world examples of how organizations use affirmations

Organizations across industries use concise affirmation documents to speed processes, preserve auditable records, and reduce in-person execution.

Optica Ventures — COO

Optica used short affirmation forms to onboard partners quickly and consistently.

The interface was simple and easy-to-use for their team.
Brian Fitzgibbons, COO, explained that the approach simplified customer interactions and ensured uniform proof of consent across transactions.

Tech Data — CEO

Tech Data standardized vendor attestations to reduce review time and centralize records.

The company improved internal and external customer service while increasing speed to revenue.
Bob Dutkowsky, CEO, noted the standardized affirmations reduced manual follow-up and improved tracking for finance and legal teams.

Practical tips for accurate and efficient completion

Apply these best practices to reduce rework, preserve enforceability, and simplify downstream audits.

Use clear, numbered affirmations

Number each affirmation separately, limit each to one subject, and avoid compound statements to simplify review and enforcement later.

Confirm signer authority in writing

Require signatory title and reference to board resolution or power of attorney where corporate or trust authority is not obvious.

Attach evidence when possible

Include supporting documents, certificates, or schedules as exhibits rather than linking to external sources that may change.

Maintain an audit trail

Capture timestamps, IP addresses, and authentication method to preserve attribution and support admissibility in disputes.

Frequently asked questions and solutions

Answers to common questions about validity, signing, and recordkeeping for Business Affirmations and Agreements.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, electronic signatures are legally binding if intent, consent, attribution, and retention are satisfied.
When is notarization required?
Notarization is required only when a statute, deed, or a specific contract clause requires it; many affirmation documents do not require notarization unless associated with real property or statutory filings.
Can I use remote online notarization?
If your state permits RON, use identity proofing and an audio-video record; check state RON rules as requirements vary by jurisdiction.
What authentication level should I use?
Choose authentication proportional to risk: email link for low-risk confirmations, SMS or KBA for medium risk, and stronger ID verification for regulated data or high-value commitments.
How long should I retain executed copies?
Keep executed agreements for the contract term plus statutory retention; follow IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) minima where applicable.
What if a signer’s name doesn’t match records?
Resolve name mismatches before relying on the affirmation; mismatched names can trigger tax withholding, rejection by counterparties, or disputes over authority.

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