Can the agreement be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the signing shows intent, consent to electronic records, attribution, and that a reproducible record is retained. Exceptions for wills and certain court filings apply.

Do I need notarization for this agreement?

Notarization is not universally required for Business Restart Agreements, but certain actions—such as deeds, powers of attorney, or state-specific formalities—may require notarization or witnesses. Consider notarizing to strengthen evidence of execution and to satisfy counterparties or filing requirements.

Who has authority to sign this agreement?

Authorized signers are those with corporate authority: officers, managers, or agents named in corporate bylaws or a board resolution. For individuals, use persons listed on formation documents. Attach a corporate resolution when authority is not obvious to avoid later challenges.

How to handle insurance and indemnity?

Specify required insurance types, limits, additional insured endorsements, and the process for presenting certificates before reopening. Draft indemnity clauses allocating risk for pre- and post-restart liabilities, and define procedures for claims handling and dispute resolution to reduce litigation risk.

What about state law differences?

State law affects notarization, witness requirements, and certain formalities. ESIGN (15 U.S.C. ch. 96) and UETA govern electronic signatures nationally, but check state statutes for exceptions such as New York's ESRA and varying RON rules before relying solely on e-notarization.

How do electronic signatures meet legal tests?

Electronic signatures meet legal validity when they show signer intent, include consent to conduct transactions electronically, can be attributed to the signer, and the record is retained in a reproducible form, consistent with ESIGN's four-part test.

Electronic Signature
Templates
Miscellaneous
Business Restart Agreement

Business Restart Agreement

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

BUSINESS RESTART AGREEMENT

This Business Restart Agreement (the Agreement) is entered into as of by and between Company Name: with principal place of business at (Company), and Service Provider Name: with principal place of business at (Provider). Company and Provider are each a Party and together the Parties.

RECITALS

WHEREAS, Company previously suspended or materially reduced business operations and requires operational, technical and management services to safely and effectively resume operations; and

WHEREAS, Provider represents that it has the personnel, experience and resources necessary to provide restart, remediation and ramp-up services, including but not limited to staffing, equipment reactivation, compliance assessments and operational testing; and

WHEREAS, the Parties wish to set forth the scope, payment, term and other material terms governing the restart services to be provided by Provider to Company.

CONTACT INFORMATION

Company Primary Contact Company Contact Title Company Phone Provider Primary Contact Provider Contact Title Provider Phone

SCOPE OF WORK

Provider shall perform the restart services (Services) described below. Provider shall supply qualified personnel, equipment, materials and management necessary to accomplish the tasks and deliverables identified in the Scope of Work. Provider shall perform Services in a commercially reasonable manner, consistent with industry standards.

Detailed Scope of Work

PAYMENT TERMS

In consideration for the Services, Company shall pay Provider fees as set forth below. All fees are due in U.S. dollars unless otherwise agreed in writing.

Total Restart Fee Deposit / Initial Payment Payment Schedule and Milestones Late Payment Fee Payment Grace Period (days)

All late fees and interest shall be applied to the outstanding unpaid balance. Provider's entitlement to suspend Services for nonpayment is in addition to any other remedy available at law or equity.

TERM AND TERMINATION

This Agreement commences on the Start Date and continues until the End Date, unless earlier terminated in accordance with this Agreement.

Start Date: End Date:

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure such breach within days after written notice. Company may terminate for convenience upon prior written notice to Provider and payment of all fees for Services performed through the effective date of termination and any reasonable wind-down costs.

CONFIDENTIALITY

During the term of this Agreement and thereafter, each Party shall hold in strict confidence all proprietary, technical, financial and business information of the other Party that is marked confidential or that a reasonable person would understand to be confidential (Confidential Information). A receiving Party shall not disclose Confidential Information except to its employees and contractors with a need to know and who are bound to confidentiality obligations no less protective than those herein. Confidential Information does not include information that is (a) in the public domain through no fault of the receiving Party; (b) independently developed by the receiving Party without use of the disclosing Party's Confidential Information; or (c) required to be disclosed by law or valid legal process, provided the receiving Party gives prompt notice and cooperates with any protective action sought by the disclosing Party.

The obligations under this clause shall survive termination or expiration of this Agreement for a period of three (3) years, except for trade secrets which shall remain protected for as long as they qualify as trade secrets.

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 principles.

MISCELLANEOUS

Entire Agreement: This Agreement, including all exhibits and attachments signed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral.

Amendment; Waiver: No modification or waiver of any provision of this Agreement shall be effective unless in a written instrument signed by an authorized representative of each Party. No waiver of any breach shall constitute a waiver of any other or subsequent breach.

Assignment: Neither Party may assign this Agreement without the prior written consent of the other Party, except that either Party may assign this Agreement in connection with a merger, sale of substantially all assets or other change of control provided the assignee assumes all obligations hereunder.

Additional Terms (optional)

Company Name:

By:

Date:

Provider Name:

By:

Date:

What a Business Restart Agreement Covers

The Business Restart Agreement is a legal contract that documents the terms and conditions for resuming commercial operations after a planned suspension or temporary closure. It allocates responsibilities between owners, managers, employees, landlords, and vendors, sets the effective restart date, describes phased reopening steps, confirms compliance with applicable laws and permits, and records financial arrangements such as payments, reimbursements, and insurance coverages. The agreement specifies required approvals, operational milestones, contingencies for delays, and signature blocks for authorized representatives. It may be executed electronically consistent with ESIGN and UETA.

Why a Written Restart Framework Matters

A Business Restart Agreement clarifies obligations, reduces disputes, preserves contractual relationships, aligns stakeholders on timing and costs, and documents regulatory and insurance compliance steps. Clear terms facilitate faster operational resumption and provide evidence of consent for financial and legal authorities.

Who Typically Uses a Business Restart Agreement

Businesses and counterparties use this agreement when planning to restart operations after shutdowns, strategic pauses, or emergencies.

Small and medium enterprises coordinating lease, vendor, and employee obligations.
Landlords and property managers documenting reopen schedules and maintenance responsibilities.
Financial stakeholders confirming payment schedules, insurance coverages, and indemnities explicitly.

Use this agreement to reduce ambiguity, document approvals, and create a clear record for enforcement or auditing.

Step-by-Step: Prepare and Execute the Agreement

Follow these sequential steps to prepare, finalize, and execute a Business Restart Agreement correctly and securely.

01

Gather Data: Collect financials, permits, lease terms, and vendor notices.
02

Draft Terms: Define effective date, scope, responsibilities, milestones, and contingencies.
03

Review: Legal and insurance review to confirm compliance and coverage.
04

Execute: Signatures from authorized representatives; retain executed copies for records.

Typical Online Workflow Configuration

Configure an online workflow to route, authenticate, and store the executed Business Restart Agreement securely.

Field	Configuration
Signer Order	Choose sequential or parallel signing to match execution needs.
Authentication	Use email, SMS code, or KBA for signer verification.
Conditional Fields	Show or hide sections based on answers to reduce errors.
Retention	Set retention in the system per corporate and legal policy.

Platform and Security Considerations for eSubmission

Typical platform and format requirements for e-submitting and managing the Business Restart Agreement online securely.

File Types: PDF and Word (DOCX) are supported formats for upload.
Integrations: Connectors include Salesforce and Google Workspace.
Authentication: Support SSO, 2FA, and audit logging.

How eSubmission and Signing Works

The eSubmission sequence shows who prepares, approves, signs, and receives the final Business Restart Agreement.

Upload: Sender uploads draft to the signing platform.
Place Fields: Add signature, date, and conditional fields where needed.
Invite Signers: Email or link invites sent with authentication options.
Complete: System records audit trail and distributes executed copies.

Essential Clauses and Sections to Include

Core sections and clauses that a robust Business Restart Agreement should include to manage risk, operations, and stakeholder obligations effectively.

Recitals

Background facts and reasons for the restart, including prior suspension causes, parties' intent, and a brief operational history to contextualize obligations and limit future factual disputes.

Scope of Work

Detailed description of services, facilities, and functions to resume, deliverables, performance standards, and any phased sequencing tied to measurable milestones or KPIs for accountability explicitly.

Payment Terms

Exact amounts, payment schedules, invoicing procedures, withholding or escrow arrangements, responsibility for pre-restart costs, and consequence for missed or late payments, including interest and dispute resolution mechanisms.

Compliance

Representations and warranties that restart activities comply with laws, permits, health and safety rules, and industry-specific regulations such as HIPAA where patient data is involved.

Indemnity & Insurance

Scope of liability, indemnification obligations, insurance coverages required, limits, and the process for submitting claims or defending third-party suits arising from restart activities including timelines.

Termination

Conditions triggering termination, cure periods, wind-down responsibilities, allocation of costs on termination, and procedures to preserve evidence and ongoing obligations post-termination and notice requirements.

Security and Compliance Controls to Note

Data in Transit: TLS 1.2 and 1.3 encryption in transit.

Data at Rest: AES-256 encryption across stored documents.

Certifications: ISO 27001, SOC 2 Type II, PCI DSS.

HIPAA Support: BAA available for protected health information.

21 CFR Compliance: Supports 21 CFR Part 11 controls.

Audit Trails: Timestamps, IP, and action history retained.

Primary Risks and Consequences of Errors

Breach Damages: Monetary damages and injunctive relief.

Regulatory Fines: Licensing or safety violations.

Insurance Denial: Claims rejected for noncompliance.

Tax Risk: Incorrect reporting triggers penalties.

Operational Delay: Restart postponed; revenue loss.

Third-Party Claims: Vendor or landlord disputes.

Common Preparation Pitfalls to Avoid

Unclear authority to sign leads to invalid execution or later challenges from stakeholders refusing to recognize obligations without corporate approval.
Vague milestone definitions create disputes; without measurable criteria, parties disagree on completion, causing payment holds and operational stalling.
Failing to attach permits, insurance certificates, or vendor confirmations increases compliance risk and may invalidate performance obligations.
Incorrect date or jurisdiction choices can alter governing law, limitation periods, and enforceability—confirm MM/DD/YYYY and chosen state.

Comparing eSignature Vendor Pricing and Baseline Features

Compare baseline pricing and feature availability for eSignature vendors commonly used to execute Business Restart Agreements.

	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, no credit card required	Varies by plan or offer	Contact vendor for trial options	Free limited plan often available	Free limited plan option exists
Bulk Send	Yes; Business Premium plan includes bulk send	Yes; available on certain plans	Yes; enterprise tiers support bulk send	Yes; included with paid plans	No; feature not offered across tiers
Audit Trail	Yes — full audit trail recorded	Yes — completion certificate and logs	Yes — detailed audit record included	Yes — history and timestamps available	Yes — basic audit trail provided
HIPAA Compliant	Yes; BAA available for HIPAA workflows	Yes; BAA available on enterprise plans	Yes; BAA available with agreement	No; not HIPAA-ready by default	No; BAA not standard

Real-World Restart Scenarios

Representative scenarios show how Business Restart Agreements solve common operational and contractual challenges across sectors.

Manufacturing Restart

A regional manufacturer paused production for equipment upgrades and needed a staged restart with suppliers and insurers.

Phased milestones tied to inspections and payments.
The agreement specified responsibilities for testing, warranty coverage from vendors, payment schedules for reactivated services, and insurance endorsements. Clear milestones prevented disputes and enabled lenders and insurers to release funds supporting the resume of operations.

Retail Chain Reopening

A multi-site retail chain coordinated lease reopenings, staff rehiring, and vendor deliveries across four states.

Uniform restart terms avoided inconsistent practices.
The Business Restart Agreement standardized rent adjustments, health and safety requirements, supplier lead times, and marketing obligations. Centralized signatures and electronic records reduced administrative lag and supported timely inventory replenishment across locations.

Key Dates and Deadlines to Track

Key dates and deadlines ensure a coordinated restart and reduce compliance, contractual breaches, and regulatory risk.

Effective Date:

MM/DD/YYYY when obligations begin for all parties.

Notice Period:

Number of days' notice required before restart actions.

Milestone Deadlines:

Dates tied to phased reopening and acceptance tests.

Insurance Evidence:

Certificate of insurance due before first site reopening.

Regulatory Filings:

Permit renewals or inspections scheduled per agency timelines.

Who Signs and What Their Roles Mean

Business Owner

A business owner or CEO typically signs when corporate authority is vested at the top level; they confirm financial commitments, approve budgets for restart activities, and accept contractual risk. Owners should verify insurance, lender consents, and corporate resolutions before executing.

Operations Manager

An operations manager often prepares the restart plan, coordinates vendor schedules, documents safety and readiness checks, and tracks milestones. While they may not have final signing authority, their attestations and checklists are often incorporated as enforceable exhibits in the agreement.

Frequently Asked Questions and Practical Answers

Answers to common questions about using, signing, and enforcing a Business Restart Agreement, including eSignature and notarization concerns.

Need help? Contact support

Can the agreement be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the signing shows intent, consent to electronic records, attribution, and that a reproducible record is retained. Exceptions for wills and certain court filings apply.
Do I need notarization for this agreement?
Notarization is not universally required for Business Restart Agreements, but certain actions—such as deeds, powers of attorney, or state-specific formalities—may require notarization or witnesses. Consider notarizing to strengthen evidence of execution and to satisfy counterparties or filing requirements.
Who has authority to sign this agreement?
Authorized signers are those with corporate authority: officers, managers, or agents named in corporate bylaws or a board resolution. For individuals, use persons listed on formation documents. Attach a corporate resolution when authority is not obvious to avoid later challenges.
How to handle insurance and indemnity?
Specify required insurance types, limits, additional insured endorsements, and the process for presenting certificates before reopening. Draft indemnity clauses allocating risk for pre- and post-restart liabilities, and define procedures for claims handling and dispute resolution to reduce litigation risk.
What about state law differences?
State law affects notarization, witness requirements, and certain formalities. ESIGN (15 U.S.C. ch. 96) and UETA govern electronic signatures nationally, but check state statutes for exceptions such as New York's ESRA and varying RON rules before relying solely on e-notarization.
How do electronic signatures meet legal tests?
Electronic signatures meet legal validity when they show signer intent, include consent to conduct transactions electronically, can be attributed to the signer, and the record is retained in a reproducible form, consistent with ESIGN's four-part test.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now