Do these agreements need to be notarized?

Not usually. Color Selection Agreements are private contracts and typically do not require notarization to be enforceable. Notarization is only necessary if a specific statute or related transaction requires it, or if parties want an added layer of authentication.

Can I use electronic signatures?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure the signing process captures intent, attribution, consent to electronic records, and retention capability for legal validity.

What happens if a batch varies from the approved sample?

The agreement should define acceptable tolerances and remedial steps. If a batch deviates beyond tolerance, remedies commonly include correction at the vendor's expense, discount, or replacement subject to the agreement's warranty and change-order terms.

How should samples be documented?

Record sample ID, production lot, date produced, lighting conditions used for review, and retain photographs or physical swatches. Accurate documentation supports acceptance decisions and future comparisons.

Who should sign the agreement?

An authorized representative with authority to bind the contracting party should sign. Include printed name, title, and date. If authority is limited, attach a certificate of authorization or board resolution as appropriate.

How long should I keep the executed agreement?

Retain for the life of any warranty period plus at least three years. For tax or healthcare records, follow IRS retention rules (IRC §6501(a)) and HIPAA requirements (45 CFR §164.530(j)).

Electronic Signature
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Color Selection Agreement

Color Selection Agreement

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COLOR SELECTION AGREEMENT

Parties

Client Name:

Contractor/Designer Name:

Project Address

Recitals

WHEREAS, Client intends to have exterior and/or interior finishes applied at the Project Address described above and requires final selection and approval of color and finish specifications; and

WHEREAS, Designer is engaged in the business of providing color consulting, selection, and specification services and agrees to provide such services to Client under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth the scope, obligations, payment terms and procedures for review and final approval of color samples and change orders.

Scope of Work

Description of Services

Services include preparation of color palettes, coordination of manufacturer and product selections, preparation of sample boards or mock-up panels, on-site sample application, and final color approval. Designer will specify manufacturer, product line, sheen, and color code for each selected finish. Client acknowledges that color as seen on digital media or printed material may vary from final applied color and that on-site samples or mock-ups are the definitive reference for final approval.

Color Selections and Samples

Manufacturer/Product:

Selected Color Code(s) (list each):

Sample Panel / Mock-up Requirements

Client will review and provide written approval or request revisions within days of receipt of sample panels. Absent timely written notice, samples will be deemed approved.

Change Orders and Tolerances

Any request to change colors after written approval must be submitted as a Change Order. Change Orders affecting materials, labor or schedule will be subject to additional charges and may extend the completion date. Designer shall not be responsible for minor color variation within customary industry tolerances when paint is applied in different batches, on different substrates, or under different lighting conditions.

Change Order Procedure (if applicable)

Payment Terms

Total Fee for Color Selection Services Payment Schedule

Late Payment: Unpaid amounts shall accrue interest at a rate of (or the maximum permitted by law) and Designer may suspend services until payment is current.

Term and Termination

Term Commencement Date: . Term End Date (if applicable): .

Either party may terminate this Agreement for material breach by the other party if such breach is not cured within days after written notice. Either party may terminate for convenience with days' prior written notice. Upon termination, Client shall pay Designer for work performed and documented expenses through the effective date of termination.

Confidentiality

Each party shall keep confidential and shall not disclose to third parties any non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential under the circumstances ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, is rightfully received from a third party without restriction, or is independently developed. The receiving party shall use Confidential Information only for the purposes of performing under this Agreement and shall take commercially reasonable measures to protect such information from unauthorized disclosure.

Specific Confidential Items (optional)

Liability and Warranty

Designer warrants that services will be provided in a professional manner consistent with industry standards. Designer does not warrant the performance of third-party products or paint manufacturers and is not responsible for defects in materials, substrate conditions, or application techniques performed by others. To the extent permitted by law, Designer's liability under this Agreement is limited to direct damages and shall not exceed the total fees paid by Client for the services described herein. In no event shall Designer be liable for consequential, incidental, special or punitive damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of law principles.

Entire Agreement; Amendment

This Agreement, together with any attachments and written Change Orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. No amendment or modification shall be effective unless in writing and signed by both parties.

Miscellaneous

Notices required under this Agreement shall be given in writing to the addresses set forth above and shall be effective upon receipt. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

Acknowledgment

By signing below, the parties acknowledge that they have read, understand and agree to be bound by the terms and conditions of this Color Selection Agreement.

Client - Printed Name:

By:

Date:

Designer/Contractor - Printed Name:

By:

Date:

What a Color Selection Agreement Is and When It Applies

A Color Selection Agreement is a written contract that documents the parties' mutual choices for colors, finishes, and related samples used in a deliverable, product, or construction project. It identifies sample references (swatches, Pantone or RAL codes), approval steps, responsibilities for tests or mock-ups, and acceptance criteria. The agreement reduces ambiguity by fixing color references, inspection methods, change-order procedures, and any cost allocation for rework or sample production. It is commonly attached as an exhibit to purchase orders, work orders, or broader service and construction contracts.

Why document color selections formally

A clear Color Selection Agreement minimizes disputes, speeds procurement, and protects both parties by defining exact color references, approval windows, and who pays for samples or rework. It creates an auditable record that supports warranty and acceptance decisions.

Who typically completes a Color Selection Agreement

Different stakeholders use this agreement to lock in aesthetic and technical color choices before production or installation.

Homeowners and tenants selecting finishes for remodels or custom cabinetry, where precise color matching affects final acceptance.
Design professionals and architects specifying swatches, color systems, and approved alternates for construction or interior projects.
Manufacturers and contractors documenting approved production colors, tolerance limits, and who bears correction costs.

The document helps project managers, procurement teams, and clients confirm expectations and avoid costly rework after manufacturing or installation.

Key parts of a professional Color Selection Agreement

A complete agreement organizes identification, testing, approvals, change control, delivery expectations, and dispute resolution so each party knows what must happen, when, and who pays for exceptions.

Parties & Scope

Names and contact information for all contracting parties plus a concise description of the goods or scope of work covered by the color selections and any excluded items.

Color References

Exact identifiers for selected colors (Pantone, RAL, manufacturer code), physical swatch IDs, digital file references, and acceptable tolerances for shade variation.

Sample Approval Process

Procedure for furnishing physical samples or mock-ups, timelines for review, acceptance criteria, and documentation required to confirm an approved sample.

Change Orders

How to request color changes after approval, required approvals, timing impacts, and cost responsibilities for additional samples or remanufacture.

Inspection & Acceptance

Defined inspection methods, measurement tools or lighting conditions, acceptance thresholds, and the timeframe for notifying defects or nonconforming colors.

Liability & Remedies

Allocation of costs for corrective work, warranty scope tied to approved samples, and dispute resolution mechanisms such as mediation or binding arbitration.

Step-by-step: completing a Color Selection Agreement

Follow these sequential steps to prepare, circulate, and finalize a Color Selection Agreement so approvals are captured and obligations are clear.

01

Prepare draft: List parties, project details, color codes, and sample references before circulation.
02

Provide samples: Deliver physical swatches or mock-ups and note sample IDs and production batch when applicable.
03

Review and confirm: Review under specified lighting; record acceptance or requested revisions in writing.
04

Execute and distribute: All authorized parties sign; distribute final executed copies to procurement and production teams.

Digital workflow settings for online completion

Configure the signing workflow to ensure correct authentication, file formats, and notifications for approvers and production teams.

Field	Configuration
Authentication	Email plus optional SMS code for higher assurance
Signature Type	Electronic signature accepted; require signer name and date
File Formats	Accept PDF and DOCX for source records
Notifications	Automated email reminders at defined review intervals

How online signing and routing typically work

A standard online workflow moves a draft to reviewers, captures approvals, and delivers the executed agreement to production teams along with audit metadata.

Upload document: Sender uploads the agreement and attaches swatch images or PDFs.
Place fields: Assign signature, date, and checkbox fields to each approver.
Send to approvers: System emails signers with a secure link and authentication challenge.
Completion record: Signed copy and audit trail with timestamps are saved for records.

Platform and file requirements for eSigning and storage

Use a signing platform that supports secure PDFs, audit trails, and common integrations so executed agreements are searchable and auditable.

Integrations: Salesforce, NetSuite, Google Workspace
File formats: PDF, DOCX
Security: AES-256 at rest

Representative eSignature vendor comparison for signing and storing agreements

Compare core pricing and compliance features for common eSignature providers; signNow appears first in the table per platform ordering rules.

	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	Trial available	Trial available	Trial available	Trial available
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Typical deadlines and timing expectations in the agreement

Set explicit deadlines to avoid production delays—sample delivery, review windows, and final approval are the most common time-critical items.

Sample Delivery Date:

Date by which physical samples must be provided to the approver.

Review Window:

Number of days approvers have to accept or request changes after receiving samples.

Final Approval:

Deadline for final sign-off before production begins.

Change-Order Window:

Period during which changes are permitted without full remanufacture costs.

Production Lead Time:

Projected time from approval to shipment or installation.

Common mistakes to avoid when preparing the agreement

Using informal color descriptions rather than standardized codes, which creates ambiguity during production and inspection.
Failing to include sample IDs, batch numbers, or lighting conditions for review, leading to disputes over perceived shade differences.
Not defining who pays for additional samples or rework, which can delay remediation and increase costs for both parties.
Neglecting to set clear approval windows or escalation steps, causing production holds and missed delivery dates.

Security and compliance elements to include

Encryption: AES-256 at rest

Transport Security: TLS 1.2/1.3 in transit

Audit Trail: Timestamped signing log

Authentication: Email and optional SMS code

Regulatory: ESIGN and UETA compliant

HIPAA: BAA required for PHI

Risks and potential consequences of errors

Color Mismatch: Remanufacture or repaint costs

Delivery Delays: Schedule and penalty exposure

Warranty Claims: Increased liability and claims

Cost Overruns: Unexpected change-order expenses

Regulatory Risk: Noncompliance for regulated products

Tax Issues: Recordkeeping disputes for deductions

Real-world examples of how Color Selection Agreements are used

Two practical scenarios show how the agreement prevents misunderstandings and speeds production.

Residential Remodel Example

A homeowner and contractor agree on three swatches and an approval timeline to avoid repainting disputes.

Contractor provides one full-size mock-up panel under specified lighting.
The signed agreement limited rework liability and clarified who paid for a second sample when the first batch varied by shade.

Commercial Manufacturing Example

A manufacturer requires Pantone codes and batch retention for future orders to ensure color continuity.

Buyer approves initial production sample and records sample lot number.
The agreement tied warranty obligations to the retained sample, enabling quick resolution when a later run deviated beyond the agreed tolerance.

Frequently asked questions about Color Selection Agreements

Answers to common procedural and legal questions to help parties avoid delays and disputes when completing the agreement.

Need help? Contact support

Do these agreements need to be notarized?
Not usually. Color Selection Agreements are private contracts and typically do not require notarization to be enforceable. Notarization is only necessary if a specific statute or related transaction requires it, or if parties want an added layer of authentication.
Can I use electronic signatures?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure the signing process captures intent, attribution, consent to electronic records, and retention capability for legal validity.
What happens if a batch varies from the approved sample?
The agreement should define acceptable tolerances and remedial steps. If a batch deviates beyond tolerance, remedies commonly include correction at the vendor's expense, discount, or replacement subject to the agreement's warranty and change-order terms.
How should samples be documented?
Record sample ID, production lot, date produced, lighting conditions used for review, and retain photographs or physical swatches. Accurate documentation supports acceptance decisions and future comparisons.
Who should sign the agreement?
An authorized representative with authority to bind the contracting party should sign. Include printed name, title, and date. If authority is limited, attach a certificate of authorization or board resolution as appropriate.
How long should I keep the executed agreement?
Retain for the life of any warranty period plus at least three years. For tax or healthcare records, follow IRS retention rules (IRC §6501(a)) and HIPAA requirements (45 CFR §164.530(j)).

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