Are eSignatures legally valid?

Yes. Electronic signatures generally satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; ensure intent, consent, attribution, and retention are documented to preserve enforceability.

When is notarization required?

Notarization is rarely required for simple gift agreements, but it may be necessary for recordation or when state law requires an acknowledgement; confirm local requirements before execution.

Can I use remote online notarization?

Remote online notarization is available in many states with identity proofing and recording requirements; verify your state’s RON rules and retention obligations before relying on RON.

What happens if the declared value is wrong?

Incorrect declared value can trigger tax adjustments, backup withholding, or accounting restatements; correct values promptly and issue amended documents if necessary.

How do I maintain audit trails?

Use an eSignature platform that records timestamps, IP addresses, email logs, and produces a certificate of completion to support attribution and retention requirements.

Is HIPAA relevant to gift agreements?

HIPAA applies only when protected health information is involved; if gifts interact with patient PHI, include required privacy language and a BAA where applicable.

Electronic Signature
Templates
Miscellaneous
Business Presents Agreement

Business Presents Agreement

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

BUSINESS PRESENTS AGREEMENT

Parties and Effective Date

This Business Presents Agreement (the "Agreement") is entered into by and between Presenter: , and Recipient: .

Presenter Address Recipient Address

Effective Date:

Recitals

WHEREAS, Presenter is engaged in the business of producing, coordinating and presenting live and recorded business presentations, seminars, workshops and similar events; and

WHEREAS, Recipient desires Presenter to provide certain presentation services as set forth in this Agreement and Presenter is willing to provide such services on the terms and conditions contained herein;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Scope of Work

Description of Services

Presenter shall provide the services described above (the "Services") in a professional manner consistent with industry standards, using suitably qualified personnel, and in accordance with the schedule agreed by the parties. Any material changes to the Scope of Work must be made in writing and signed by both parties.

Payment Terms

Total Fee Payment Schedule Late Payment

If any undisputed amount due under this Agreement is not paid within days of the invoice date, interest will accrue on the overdue amount at the rate of per month, compounded monthly, or the maximum rate permitted by law, whichever is lower. The assessment of late fees shall not limit Presenter from pursuing any other remedy available at law or equity for recovery of unpaid amounts.

Term and Termination

Term: This Agreement shall commence on and, unless earlier terminated as provided herein, shall terminate on .

Either party may terminate this Agreement for convenience upon providing written notice to the other party at least prior to the effective termination date. Either party may terminate immediately for material breach by the other party if such breach is not cured within thirty (30) days after receipt of written notice specifying the breach.

Termination for Cause — Remedies

Confidentiality

Each party (the "Receiving Party") shall hold in confidence and shall not disclose or use any Confidential Information of the other party (the "Disclosing Party") except as necessary to perform its obligations under this Agreement. "Confidential Information" means information designated as confidential or which, by its nature, would reasonably be considered confidential, including but not limited to business plans, financial information, attendee lists, materials prepared for presentation, trade secrets and proprietary techniques.

Confidentiality obligations shall survive termination of this Agreement for a period of from the date of termination. Exceptions include information that is or becomes publicly available other than by wrongful act, independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information, or disclosed pursuant to a valid order of a court or governmental agency.

Parties acknowledge and agree:

The Receiving Party's confidentiality obligations do not restrict internal distribution to employees, contractors or advisors who have a need to know and who are bound to confidentiality obligations at least as protective as those set forth herein.

Indemnification and Liability

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising out of the indemnifying party's gross negligence or willful misconduct in connection with the performance of this Agreement. In no event shall either party be liable for any indirect, incidental, special or consequential damages arising out of this Agreement, except to the extent such damages arise from a party's gross negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law rules. Venue for any dispute shall be the state or federal courts located within that State.

Notices

Presenter Notice Address Recipient Notice Address

All notices under this Agreement shall be in writing and will be deemed given when delivered personally, sent by nationally recognized overnight courier, or mailed by certified mail to the addresses provided above or such other address as either party designates by notice to the other.

Entire Agreement; Amendments

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

General Provisions

The parties are independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture, employer-employee or agency relationship between the parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Presenter:

By:

Date:

Recipient:

By:

Date:

What the Business Presents Agreement Is and When It's Used

A Business Presents Agreement is a written contract documenting the terms under which a company provides promotional items, corporate gifts, samples, or other presents to another party. It clarifies who provides the gifts, the description and quantity of items, any conditions or restrictions on use, ownership transfer, tax or reporting responsibilities, and liabilities for loss or damage. The agreement also spells out confidentiality, return or recall procedures, and whether the transfer constitutes taxable consideration. Use this agreement when gifting inventory, marketing samples, client appreciation items, or sponsoring events where presents are exchanged.

Why a Formal Agreement Matters for Business Gifts

Using a clear Business Presents Agreement reduces ambiguity about ownership, tax treatment, and liability for gifted items. It provides evidence of intent, documents the value exchanged for accounting and reporting, and creates a record to manage recalls, warranties, or confidentiality obligations.

Who Typically Prepares and Signs This Agreement

The agreement aligns stakeholders—operations, finance, and legal—so gifts are distributed consistently and with documented protections.

Marketing and communications teams responsible for campaign gifting and vendor coordination.
Purchasing and procurement staff handling vendor-supplied samples or promotional items.
Legal and compliance teams reviewing value, tax treatment, and recall procedures.

Essential Elements to Include in a Business Presents Agreement

A professional agreement should cover identity, item details, delivery terms, value and tax treatment, liability allocation, and signatures. Drafting these sections clearly reduces disputes and ensures accounting teams can process the gift correctly.

Parties

Full legal names and business types for giver and recipient; include contact and billing address for notifications.

Description

Detailed item description, SKU or sample ID, quantity, condition, and any serial numbers or lot identifiers where relevant.

Delivery Terms

Specify delivery method, risk of loss transfer point, inspection window, and accepted delivery dates or milestones.

Value and Tax

Declare fair market value, treatment for tax reporting, and any recipient obligation for reporting or backup withholding.

Liability & Warranties

State who bears loss, damage, or recall costs; include warranty disclaimers and indemnity provisions as necessary.

Confidentiality

If gifts include proprietary samples, include NDA or non-disclosure terms and restrictions on testing or resale.

Quick Step-by-Step: Drafting and Executing the Agreement

Follow these core steps to prepare, review, and finalize a Business Presents Agreement.

01

Draft Terms: Record parties, items, value, and delivery conditions concisely.
02

Review Compliance: Have legal and tax review for reporting and regulatory issues.
03

Authorize Signers: Confirm who can sign on behalf of each party before sending.
04

Execute and Archive: Obtain signatures and retain a copy in secure records.

How to Configure an Online Signing Workflow

Set up fields and authentication to match risk and audit requirements before sending the agreement for signature.

Field	Configuration
Signature Fields	Assign signer role and required signature
Authentication	Choose email, SMS code, or stronger verification
Routing Order	Set sequential or parallel signer flow
Audit Trail	Enable timestamps, IP logging, and completion certificates

Sharing and eSigning Options for the Agreement

Match the delivery channel to the sensitivity of the items, the value declared, and any regulatory requirements such as HIPAA or export controls.

Email Link: Simple delivery; relies on signer access to email.
SMS Authentication: Adds an extra verification step with a passcode.
In-Person / Kiosk: Use when physical presence or ID verification is required.

Where to Send or File the Finalized Agreement

Decide custody and distribution for operational, tax, and legal records before executing the agreement.

Recipient Records: Provide a fully executed copy to the recipient for their files.
Corporate Archive: Store the original in the company's contract repository or document management system.
Finance and Tax: Send declared values and copies to accounting for reporting.
Legal Hold: Place copies on legal hold if items are subject to recall or litigation.

Key Timing Considerations and Reporting Deadlines

Track delivery, reporting, and retention deadlines to avoid tax or regulatory penalties.

Delivery Deadline:

Specify delivery or pickup dates and inspection windows.

Tax Reporting:

Reportable gifts may affect year-end returns and 1099 schedules.

Record Retention:

Keep executed agreement according to retention rules noted below.

Recall Response:

Set response time for recalls or defect notices.

Contract Review:

Schedule periodic compliance and value reviews annually.

Common Errors to Avoid When Preparing the Agreement

Failing to state declared value clearly, causing accounting or tax confusion and possible backup withholding.
Using informal recipient names instead of legal entity names, which complicates enforcement and reporting.
Omitting delivery or inspection terms, leaving parties uncertain about acceptance and risk of loss.
Not specifying return or recall procedures, increasing liability and recall costs if items are defective.

Potential Consequences of an Incorrect or Incomplete Agreement

Tax Exposure: Incorrect reporting triggers penalties.

Liability Gaps: Undefined risk allocation increases loss exposure.

Contract Disputes: Ambiguity can lead to costly litigation.

Regulatory Noncompliance: Privacy or safety breaches risk fines.

Recall Costs: No recall clause shifts expense.

Invalid Signature: Improper execution may invalidate agreement.

How to Update or Amend a Business Presents Agreement

Use a controlled amendment process to track changes, obtain approvals, and preserve audit trails.

01

Identify Change:

Document the specific clause or term requiring modification.

02

Draft Amendment:

Prepare a brief amendment stating old and new language.

03

Obtain Approval:

Secure authorizing signatures from designated signatories.

04

Record Version:

Attach amendment to original and log version history.

05

Notify Parties:

Send executed amendment copies to all stakeholders.

06

Archive:

Store prior and current versions for retention compliance.

How the Business Presents Agreement Differs From Similar Documents

Compare this agreement to related documents to choose the correct template and clauses for the transaction.

Criteria	Business Presents Agreement	Sales Order	Donation Agreement
Primary Purpose	document gifts	sell goods	charitable donation terms
Consideration	often none or promotional	monetary	charitable intent
Tax Implication	may trigger reporting	revenue recognition	donation receipts
Typical Clauses	recall, value, ownership	delivery, payment, warranty	deduction, receipt

eSignature Provider Comparison for Executing the Agreement

Compare common vendor pricing and capabilities relevant to signing and storing Business Presents Agreements; signNow appears first per comparison format.

	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 by plan	Varies by plan	Varies by plan

Authorized Signers for the Agreement

Company Officer

An authorized officer such as CEO, CFO, or a named delegate can sign on behalf of the company. Verify signing authority against corporate resolutions or delegation documents before execution to prevent disputes.

Authorized Agent

Procurement, marketing, or operations personnel with written delegation may sign low-value or routine gift agreements. Ensure delegation thresholds are documented and limited by dollar value or item class.

Frequently Asked Questions About the Business Presents Agreement

Common questions and short solutions for execution, enforcement, and electronic signing of Business Presents Agreements.

Need help? Contact support

Are eSignatures legally valid?
Yes. Electronic signatures generally satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; ensure intent, consent, attribution, and retention are documented to preserve enforceability.
When is notarization required?
Notarization is rarely required for simple gift agreements, but it may be necessary for recordation or when state law requires an acknowledgement; confirm local requirements before execution.
Can I use remote online notarization?
Remote online notarization is available in many states with identity proofing and recording requirements; verify your state’s RON rules and retention obligations before relying on RON.
What happens if the declared value is wrong?
Incorrect declared value can trigger tax adjustments, backup withholding, or accounting restatements; correct values promptly and issue amended documents if necessary.
How do I maintain audit trails?
Use an eSignature platform that records timestamps, IP addresses, email logs, and produces a certificate of completion to support attribution and retention requirements.
Is HIPAA relevant to gift agreements?
HIPAA applies only when protected health information is involved; if gifts interact with patient PHI, include required privacy language and a BAA where applicable.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now