Is an electronic signature valid?

Yes. Electronic signatures are generally enforceable under the ESIGN Act and state UETA laws when intent, consent, attribution, and proper record retention are present.

Do I need a notary for this agreement?

Not usually. Most drafting fee agreements do not require notarization, but local requirements for particular collateral or filing purposes may make notarization advisable.

What if the client refuses to pay?

Enforce remedies specified in the agreement such as suspension of work, interest on unpaid balances, or collection; consider small claims or breach actions if amounts are within jurisdictional limits.

Can I use a partial refund policy?

Yes. State the calculation for refundable retainer or partial refunds clearly, including credits for time spent and out‑of‑pocket costs to avoid disputes.

How should I handle revisions beyond the scope?

Charge a stated hourly rate or fixed fee for out‑of‑scope work and require written authorization before proceeding.

Who should sign for a company?

An authorized officer or agent with delegated authority should sign. Verify signing authority to prevent later challenges to enforceability.

Electronic Signature
Templates
Miscellaneous
Drafting Fee Agreement

Drafting Fee Agreement

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

DRAFTING FEE AGREEMENT

This Drafting Fee Agreement (the Agreement) is entered into as of by and between:

Client Name: Client Address: Service Provider Name: Service Provider Address:

WHEREAS

WHEREAS, Client desires to retain Service Provider to draft certain written materials, documents and related deliverables as more fully described in this Agreement; and

WHEREAS, Service Provider represents that it has the experience and capability to perform the drafting services on the terms set forth in this Agreement; and

WHEREAS, the parties intend to set forth their respective obligations, payment terms, confidentiality requirements and other terms in this written Agreement.

SCOPE OF WORK

Description of Drafting Services:

Service Provider shall perform the drafting services described above in a professional manner consistent with industry standards and deliver to Client the drafts, revisions and final materials (Collectively, the Deliverables) in accordance with any schedule set out in Section 4 below.

PAYMENT TERMS

As consideration for the Services and Deliverables, Client shall pay Service Provider the fees set forth below.

Total Fee: Initial Retainer (if any): Payment Schedule / Milestones:

Late payments shall accrue interest at on unpaid balances, or the maximum rate permitted by law, whichever is lower.

Reimbursable Expenses:

Service Provider may invoice Client for reasonable, documented out-of-pocket expenses incurred in connection with performance of the Services.

Expense Details (if applicable):

TERM AND TERMINATION

This Agreement commences on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party.

Either party may terminate immediately for material breach if the breaching party fails to cure such breach within 10 days after written notice. Upon termination, Service Provider shall deliver all work in progress and Client shall pay for all Services performed and expenses incurred through the effective date of termination; any unearned prepaid fees shall be refunded to Client, less amounts properly invoiced for Services performed.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential. The receiving party shall: (a) use Confidential Information solely for the performance of this Agreement; (b) restrict disclosure to those employees, contractors or agents who need to know and who are bound by confidentiality obligations no less protective than those herein; and (c) take reasonable measures to protect Confidential Information from unauthorized disclosure.

Confidentiality obligations shall survive termination of this Agreement for a period of years, except that trade secrets shall be protected for as long as they remain trade secrets under applicable law.

INTELLECTUAL PROPERTY

Unless otherwise agreed in writing, Client shall own the final Deliverables upon full payment of fees due. Service Provider retains ownership of any pre-existing materials, templates and methodologies and grants Client a nonexclusive license to use those materials only to the extent incorporated in the Deliverables.

INDEPENDENT CONTRACTOR; TAXES

Service Provider is an independent contractor and is solely responsible for all taxes, insurance and other obligations arising from the performance of the Services. Nothing in this Agreement creates an employment, partnership or joint venture relationship between the parties.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes by negotiation; if unresolved within 30 days, disputes shall be submitted to binding arbitration before a neutral arbitrator, with the prevailing party entitled to recover reasonable attorneys' fees and costs.

ENTIRE AGREEMENT

This Agreement, together with any attachments or exhibits expressly incorporated herein, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate in writing.

Notice Address for Client: Notice Address for Service Provider:

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Service Provider may assign to an affiliate or successor in interest.

The parties each represent and warrant that the individual signing on their behalf has the authority to bind the party to this Agreement.

Client:

By:

Date:

Service Provider:

By:

Date:

What a Drafting Fee Agreement Is and When It’s Used

A Drafting Fee Agreement is a written contract that sets the terms for payment and deliverables when one party prepares a legal or professional document for another. It defines the scope of drafting services, fee amount or rate, payment schedule, revision allowances, ownership of resulting text or drafts, and any responsibilities for filing or third‑party costs. The agreement clarifies whether fees are refundable, whether additional work triggers further charges, and which jurisdiction’s law governs disputes. It can be executed between attorneys and clients, consultants and employers, or vendors and purchasers whenever drafting work is billable.

Why a Clear Drafting Fee Agreement Matters

A concise agreement reduces billing disputes, preserves client expectations, and documents scope and timing for drafting tasks. It also protects both parties by specifying payment remedies and limiting liability for drafts submitted in preliminary form.

Who Commonly Uses a Drafting Fee Agreement

Typical users include legal professionals, contract managers, freelance drafters, corporate counsel, and small businesses engaging outside drafting services.

Law firms and solo attorneys providing document drafting and reviewing services for clients.
Independent consultants and freelance writers contracted to prepare contracts, policies, or technical documents.
Corporate legal or procurement teams engaging outside counsel or vendors for bespoke agreement drafting.

Use the agreement whenever drafting is a separately billed deliverable or when the parties need written clarity on revisions, ownership, and payment timing.

Essential Elements to Include in the Agreement

A professional Drafting Fee Agreement should be compact yet explicit. Include terms that govern scope, payment, revisions, and ownership to avoid later disagreement.

Scope of Work

Describe exactly which documents will be drafted, the number of drafts, and any excluded tasks such as court filings or negotiations.

Fee Structure

Specify fixed fee or hourly rate, invoicing frequency, deposit or retainer amount, and whether fees include taxes or third‑party expenses.

Payment Terms

State due dates, accepted payment methods, late fee rates or interest, and remedies for nonpayment such as suspension of services.

Revisions and Turnaround

Limit number of included revisions, define response times for client review, and state fees and timing for out‑of‑scope changes.

Ownership and Use

Clarify whether client receives exclusive rights, if drafts remain attorney work product, and any license or IP assignment terms.

Termination and Refunds

Explain how either party may end the engagement, refund calculation for unperformed work, and handling of partial deliverables.

Step-by-Step: How to Prepare and Execute the Agreement

Follow this sequence to draft and finalize a clear, enforceable fee agreement.

01

Draft Terms: Define scope, fee, and revisions in plain language.
02

Review Internally: Confirm billing codes, tax treatment, and approval from relevant departments.
03

Send to Counterparty: Provide the agreement with any disclosures required for consumer-facing transactions.
04

Obtain Signatures: Collect signatures and dates from authorized representatives of each party.

How to Configure an Online Drafting Fee Agreement Workflow

Set up a repeatable digital workflow for sending, signing, and storing drafting fee agreements.

Field	Configuration
Client Name Field	Make required; allow autofill from CRM
Fee Amount Field	Set numeric validation and currency format
Signature Field	Require signer name, date stamp, and audit trail
Notification Settings	Send reminders at 3 and 7 days for unpaid invoices

Digital Signing and Platform Considerations

Choose a platform that supports secure eSignatures, audit trails, and the authentication strength you need.

File Formats: PDF and DOCX supported
Authentication: Email, SMS, or multi‑factor options
Audit Trail: Timestamp and IP recording

Ensure the chosen service supports your compliance needs (e.g., HIPAA BAA or 21 CFR Part 11) and integrates with your document repository or CRM.

Typical eSubmission Flow for a Drafting Fee Agreement

A standard online signing process reduces turnaround and preserves a detailed audit record.

Upload Document: Sender uploads the final agreement PDF or template
Place Fields: Assign signature, date, and payment fields
Invite Signers: Send signing link by email or SMS
Complete Signing: Signers authenticate, sign, and receive final copies

Common Deadlines and Timing Expectations

Establish clear timing to avoid disputes: draft delivery, review periods, invoice due dates, and revision turnarounds.

Draft Delivery:

Typically 5–15 business days after engagement depending on complexity

Review Window:

Client review often 3–7 business days per revision cycle

Payment Due:

Commonly due within 30 days of invoice unless otherwise stated

Late Fees:

Specify interest or flat fee after 30 days to encourage timely payment

Final Acceptance:

Set a deadline (e.g., 7 days) for client acceptance before deliverable is deemed accepted

Frequent Mistakes to Avoid When Preparing the Agreement

Vague scope language that omits specific documents or numbers of revisions, leading to scope disputes and extra billing.
Failing to require an upfront retainer or deposit, which increases the risk of nonpayment after work commences.
Not identifying the authorized signer for corporate entities, which can render the agreement unenforceable against the organization.
Overlooking consumer disclosure requirements for retail or consumer-facing services, which can impair electronic consent under federal rules.

Potential Consequences of an Incorrect or Incomplete Agreement

Enforceability Risk: Agreement may be unenforceable if signatory authority is unclear

Billing Disputes: Unspecified fees cause client disputes and delayed payment

Regulatory Exposure: Consumer disclosure failures can violate ESIGN consumer consent rules

Tax Issues: Improperly documented fees may complicate tax reporting or withholding

Confidentiality Breach: Missing nondisclosure terms can expose sensitive drafts

Operational Delay: Ambiguous revision cycles slow project completion

How a Drafting Fee Agreement Differs from Related Documents

Compare the Drafting Fee Agreement to similar documents to choose the right form.

Document Type	Drafting Fee Agreement	Engagement Letter
Purpose	pay for drafting work	broader client relationship terms
Payment Timing	milestone or deposit	retainer and ongoing billing
Ownership	specify assignment	often broader ip provisions
Typical Attachments	draft specs	scope of work and fee schedule

eSignature Vendor Comparison for Signing a Drafting Fee Agreement

A concise vendor comparison focused on pricing and key commercial constraints to consider when selecting an eSignature provider for executing drafting fee 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	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes	Yes	No	No

Security and Compliance Features to Protect the Agreement

Encryption: TLS 1.2/1.3 in transit; AES‑256 at rest

Audit Trail: Detailed timestamps, IP logging, and action history

Certifications: SOC 2 Type II and ISO 27001

HIPAA: BAA available for covered PHI processing

ESIGN/UETA: Meets ESIGN and state UETA requirements

21 CFR Part 11: Support for compliance when required

Common Questions About Drafting Fee Agreements

Answers to frequent practical questions about enforceability, signatures, and common pitfalls when using a Drafting Fee Agreement.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are generally enforceable under the ESIGN Act and state UETA laws when intent, consent, attribution, and proper record retention are present.
Do I need a notary for this agreement?
Not usually. Most drafting fee agreements do not require notarization, but local requirements for particular collateral or filing purposes may make notarization advisable.
What if the client refuses to pay?
Enforce remedies specified in the agreement such as suspension of work, interest on unpaid balances, or collection; consider small claims or breach actions if amounts are within jurisdictional limits.
Can I use a partial refund policy?
Yes. State the calculation for refundable retainer or partial refunds clearly, including credits for time spent and out‑of‑pocket costs to avoid disputes.
How should I handle revisions beyond the scope?
Charge a stated hourly rate or fixed fee for out‑of‑scope work and require written authorization before proceeding.
Who should sign for a company?
An authorized officer or agent with delegated authority should sign. Verify signing authority to prevent later challenges to enforceability.

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