Is an electronic signature valid?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Certain narrow exceptions (wills, some court filings) may still require wet signatures.

Not usually for ordinary contract continuations, but notarization may be required to record an instrument, preserve priority, or meet state-specific formalities—verify with the applicable recorder or counsel.

Can the agreement change original terms?

Yes, if the continuation expressly modifies specific clauses and consideration is documented; otherwise assume unchanged provisions remain in effect.

Who must sign on behalf of a company?

A person with binding authority—officer, authorized agent, or a person named in a corporate resolution—should sign; attach evidence of authority when necessary.

How should we store executed copies?

Retain signed originals and a secure electronic copy with an audit trail for at least the longest applicable retention period; consider immutable storage or encrypted archives.

What if a party refuses to sign?

Document communications, consider whether partial performance preserves rights, and seek legal advice; do not assume continuity without express agreement.

Electronic Signature
Templates
Miscellaneous
Continuation Agreement

Continuation Agreement

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

CONTINUATION AGREEMENT

This Continuation Agreement (the Agreement) is made and entered into as of Effective Date: by and between:

First Party Name:

Second Party Name:

RECITALS

WHEREAS, the parties previously entered into an agreement titled dated (the "Original Agreement");

WHEREAS, the parties desire to continue and extend certain obligations and services set forth in the Original Agreement and to clarify the terms under which those obligations shall continue; and

WHEREAS, to effect the continuation of the parties' respective rights and obligations under the Original Agreement, the parties agree to the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Continued Scope

PAYMENT TERMS

The parties agree that compensation for services continued under this Agreement shall be as follows:

Total Amount Payable Payment Schedule Late Payment Fee Payment Details / Invoicing

TERM AND TERMINATION

This continuation shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the intended termination date. Termination for material breach shall be permitted if the breaching party fails to cure within thirty (30) days after receipt of written notice of such breach.

CONFIDENTIALITY

Each party agrees that all Confidential Information received from the other party in connection with the Original Agreement or this Agreement will be held in confidence and will not be disclosed to any third party except as expressly permitted below or required by law. Confidential Information shall include non-public business, technical, financial and operational information.

Permitted disclosures: A party may disclose Confidential Information to its employees, agents, or advisors with a bona fide need to know, provided that such recipients are under obligations of confidentiality no less protective than those in this Agreement; and disclosures required by law or order of a court or governmental authority, provided the disclosing party gives prompt written notice to the other party where permitted and assists in seeking any protective order.

Survival: The confidentiality obligations set forth herein shall survive termination or expiration of this Agreement for a period of years.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, together with the Original Agreement as expressly amended herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings and agreements, whether written or oral. No amendment, modification or waiver of any provision of this Agreement will be effective unless in a writing signed by both parties.

MISCELLANEOUS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that either party may assign to an affiliate or in connection with a merger, sale of substantially all assets or corporate reorganization.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and the parties will negotiate in good faith to replace the invalid provision with a valid and enforceable provision achieving, to the extent possible, the original economic intent.

NOTICES

Notices to First Party (address) Notices to Second Party (address)

First Party - Printed Name:

By:

Date:

Second Party - Printed Name:

By:

Date:

What a Continuation Agreement Is and when it’s used

A Continuation Agreement is a written amendment that extends or preserves rights and obligations from an existing contract when the original term would otherwise end or lapse. Typical uses include extending benefit plans, preserving lien priority, continuing a lease or service relationship, or confirming that previously negotiated terms remain effective during an interim period. The document restates relevant provisions, sets a new effective or expiration date, and clarifies which original terms remain in force. Properly executed, it creates a legally binding extension of the original agreement between the same parties.

Why a clear Continuation Agreement matters legally

A concise Continuation Agreement reduces ambiguity about the parties’ ongoing obligations and preserves negotiated positions such as priority, payment terms, and warranties. It can prevent unintended termination consequences and supports enforceability under federal e-signature standards (ESIGN Act, 15 U.S.C. ch. 96) and applicable state law (UETA or state ESRA).

Who commonly prepares and signs Continuation Agreements

Each user should confirm signatory authority, any notarization/witness needs, and whether consumer-facing disclosures are required under ESIGN (15 U.S.C. §7001).

Landlords and property managers who need to preserve lease terms during negotiation or holdover periods.
HR and benefits teams extending employee benefit plan coverage or insurance enrollment windows.
Lenders and creditors preserving liens or security interests pending refinancing.
Legal and contracting teams ensuring continuity while parties finalize a full contract renewal.

Essential parts to include in a professional Continuation Agreement

A well-drafted Continuation Agreement is short but precise: it identifies the original agreement, states what continues, sets effective and expiration dates, and confirms any modified terms.

Reference

Identify the original agreement by title, execution date, and parties so the continuation ties directly to the existing contract.

Scope

Describe exactly which clauses or obligations continue (payments, indemnities, security interests, warranties), and note any sections that do not continue.

Effective Dates

State the continuation start date and the new expiration or review date, using MM/DD/YYYY format for clarity.

Consideration

If there is new or additional consideration, describe it precisely (dollar amount, service credit, waiver), avoiding vague terms.

Signatures

Provide execution blocks for each party with printed name, title, date, and any required witness or notary acknowledgement.

Governing Law

Specify the governing state law and dispute resolution mechanism that will interpret the continuation agreement.

Step-by-step: completing a Continuation Agreement

Follow a clear sequence to prepare, review, and execute a continuation safely and efficiently.

01

Gather Documents: Collect the original agreement and any amendments.
02

Draft Continuation: State what continues, dates, and any new consideration.
03

Review Internally: Confirm signatory authority and compliance obligations.
04

Execute and Distribute: Sign, notarize if required, and circulate final copies.

Configuring an online workflow for Continuation Agreements

Set up a controlled eSignature workflow to preserve auditability, demonstrate intent, and automate distribution.

Field	Configuration
Document Template	Use a template with labeled fields to ensure consistency.
Signer Order	Define sequential or parallel signing to match approval flows.
Authentication	Select email, SMS code, or advanced authentication as required.
Retention	Enable automatic archive and audit trail retention.

Where to send and how the Continuation Agreement circulates

A standard routing pattern ensures all parties receive, sign, and retain an identical executed copy with an audit trail.

Originator: Uploads the template and pre-fills known fields.
Signers: Recipients receive email or link and authenticate before signing.
Notary/Witness: If required, route to a notary or witness step before finalization.
Archive: Distribute completed copies and store originals in a secure repository.

Digital signing: technical and compliance considerations

Ensure the platform supports ESIGN/UETA compliance, optional notarization workflows, and secure archival to meet legal and internal governance requirements.

File formats: Accept PDF and DOCX to preserve layout and signature placement.
Authentication: Support email, SMS, or advanced signer verification for sensitive transactions.
Integrations: Connect with cloud storage and contract management systems.

Timing and common notice periods to include

Continuation Agreements frequently contain explicit notice and renewal deadlines; state these clearly to avoid disputes over timing.

Renewal Notice Period:

30, 60, or 90 days depending on industry and original contract terms.

Effective Date Format:

Use MM/DD/YYYY to avoid ambiguity across jurisdictions.

Signature Date vs Effective Date:

Specify whether effectiveness is upon last signature or a stated date.

Filing or Recording Window:

If recorded, note any county recording deadlines that may apply.

Consumer Disclosures:

Provide ESIGN consumer disclosure where consumer-facing rights are affected.

Key milestones in a Continuation Agreement workflow

Track milestones from preparation through archive to monitor compliance and avoid missed deadlines.

01

Draft Completion

Prepare and circulate the draft for internal review.

02

Approvals Secured

Obtain necessary managerial or legal approvals before signoff.

03

Execution

All parties sign and date; notarization occurs if required.

04

Record and Retain

Distribute final copies and archive with audit trail.

Common errors to avoid when preparing a Continuation Agreement

Referencing the wrong original agreement date or version, which can create ambiguity about which terms are in effect.
Failing to state whether the continuation modifies or preserves specific sections, leaving open conflicting interpretations.
Allowing an unauthorized signer to execute the continuation, which can render the extension unenforceable.
Neglecting required consumer disclosures or electronic consent processes when consumer rights are affected under ESIGN.

Risks and legal consequences of an incorrect Continuation Agreement

Contract Voidance: Court may decline to enforce an improperly executed continuation.

Loss of Priority: Failure to preserve lien priority can affect secured creditor rights.

Regulatory Penalties: Consumer or tax violations may trigger fines.

Tax Withholding Risk: Incorrect payee data may trigger backup withholding.

Employment Exposure: Misapplied benefit extensions can create ERISA or payroll issues.

Evidence Gaps: Missing audit trail weakens proof of consent and timing.

eSignature vendor comparison for executing Continuation Agreements

Comparing core pricing and compliance features helps select a platform that supports auditability, HIPAA needs, and bulk workflows without embedding a date stamp in this summary.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-world examples of Continuation Agreements in practice

The following examples show how organizations used Continuation Agreements to maintain business continuity and compliance.

Optica Ventures (COO)

Optica Ventures used a short continuation to bridge a lease amendment negotiation

It preserved existing rent and repair terms during the interim
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties (Founder)

A property manager executed a continuation to extend tenant responsibilities for utilities while a full addendum was drafted

This avoided an operational gap during negotiations
"I can process and execute all of these documents online with 100% compliance and built-in security."

FAQs and troubleshooting when completing a Continuation Agreement

Answers to frequent questions about enforceability, signing, and recordkeeping for Continuation Agreements.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Certain narrow exceptions (wills, some court filings) may still require wet signatures.
Do I need a notary?
Not usually for ordinary contract continuations, but notarization may be required to record an instrument, preserve priority, or meet state-specific formalities—verify with the applicable recorder or counsel.
Can the agreement change original terms?
Yes, if the continuation expressly modifies specific clauses and consideration is documented; otherwise assume unchanged provisions remain in effect.
Who must sign on behalf of a company?
A person with binding authority—officer, authorized agent, or a person named in a corporate resolution—should sign; attach evidence of authority when necessary.
How should we store executed copies?
Retain signed originals and a secure electronic copy with an audit trail for at least the longest applicable retention period; consider immutable storage or encrypted archives.
What if a party refuses to sign?
Document communications, consider whether partial performance preserves rights, and seek legal advice; do not assume continuity without express agreement.

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