Can this agreement be e-signed?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Most portfolio agreements do not require notarization; however, notarization may add evidentiary weight or be required by local practice for certain acknowledgments.

What about pre-existing work?

List pre-existing works in an exhibit. If omitted, an employer may argue items created during employment belong to the employer.

How do I protect client confidentiality?

Exclude client-identifiable materials from public portfolios, require redaction, and include approval procedures for any client-related samples.

Is HIPAA relevant here?

If portfolio items include protected health information, apply HIPAA safeguards and limit sharing; maintain a BAA if a vendor processes PHI.

Which eSign features matter most?

Choose a provider with robust audit trails, secure storage, authentication options, and a BAA if handling regulated health data; signNow, for example, offers HIPAA support with a required BAA.

Electronic Signature
Templates
HR
Employee Portfolio Agreement

Employee Portfolio Agreement

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

Employee Portfolio Agreement

Parties and Effective Date

This Employee Portfolio Agreement ("Agreement") is made effective as of by and between Company Name: and Employee Name: .

Personal Information

Full Legal Name Address Phone Email

Position Information

Job Title Department Reporting Manager Start Date Salary / Compensation

Employment History (Most Recent)

Employer 1 — Company Name Primary Responsibilities Employer 2 — Company Name Primary Responsibilities

Education

References

Reference 1 Reference 2 Reference 3

Portfolio Materials

Employee may submit Work Samples and Materials to the Company for inclusion in personal or Company-maintained portfolios, marketing, proposals, and internal presentations (collectively, "Portfolio Materials"). Employee hereby identifies the initial set of Portfolio Materials attached or described below and grants the rights described in this Agreement.

Description of Portfolio Materials Location/Files Submitted (filenames, project titles)

License, Ownership and Use

1. Ownership: Except as expressly provided herein, Employee represents and warrants that Employee is the sole author of the submitted Portfolio Materials or has the right to submit them. Subject to any pre-existing written agreement specifically reserving rights, Employee retains copyright ownership in any Portfolio Materials that are original works of authorship.

2. License Grant: Employee grants to Company a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, display, distribute, create derivative works of, and otherwise use Portfolio Materials for Company business purposes, including marketing, proposals, recruitment, investor relations, and internal presentations. The license includes the right to sublicense to Company service providers performing services on Company’s behalf.

3. Pre-Existing Works: Employee shall identify any pre-existing materials asserted as excluded from this Agreement in the space provided below. Pre-existing materials not specifically identified remain subject to the license granted above.

4. Attribution and Moral Rights: Employee hereby waives any moral rights to the extent permitted by law and consents to attribution, omission of attribution, or modification of Portfolio Materials consistent with Company use. Company may credit Employee by name where practicable, but is not required to do so.

Confidential Information and Exceptions

Employee shall not include in Portfolio Materials any Confidential Information of Company or third parties. Confidential Information means information that is proprietary, non-public, or designated confidential. If Portfolio Materials inadvertently include Confidential Information, Company may require redaction or removal pursuant to the Removal Process below.

Removal and Redaction Process

If Employee reasonably believes that any posted Portfolio Materials contain Confidential Information or other material that must be removed, Employee shall notify Company in writing identifying the Materials and the basis for removal. Company will promptly review the request and, if meritorious, will remove or redact the specified Materials within a commercially reasonable time. Company shall not unreasonably withhold remediation.

Compensation; Expenses

Unless otherwise agreed in writing, Employee acknowledges that the license granted in this Agreement is provided without additional monetary compensation beyond Employee’s regular wages and benefits. Any special compensation for use of Portfolio Materials must be set forth in a separate written addendum signed by both parties.

If compensation agreed, describe terms

Representations, Warranties and Indemnity

Employee represents and warrants that: (a) Employee has the full right and authority to grant the rights herein; (b) Portfolio Materials do not infringe any third-party rights; and (c) Portfolio Materials do not contain defamatory content. Employee agrees to indemnify, defend and hold Company harmless from any claim, loss, damage or expense arising from breach of these representations and warranties.

Term, Termination and Survival

This Agreement commences on the Effective Date and continues in perpetuity unless terminated in writing by mutual agreement. Termination will not affect any rights or licenses granted by Employee prior to termination. Provisions that by their nature survive termination, including ownership, indemnity, confidentiality, and license grants, shall survive.

Background Check and References Authorization

Employee authorizes Company to contact previous employers, references, and educational institutions to verify information provided and to conduct background checks consistent with Company policy. Employee consents to such inquiries and releases former employers and references from liability for providing information to Company.

Consent to contact and background check: I consent

At-Will and Equal Opportunity

Employment Status: Employment remains at-will unless an express written employment agreement signed by an authorized Company representative states otherwise. Either Employee or Company may terminate the employment relationship at any time, with or without cause, and with or without notice.

Equal Opportunity: Company is an equal opportunity employer. Company does not discriminate on the basis of race, color, religion, sex, national origin, disability, age, or any other protected characteristic under applicable law.

Governing Law and Venue

This Agreement is governed by the substantive laws of the State of without regard to conflicts of law principles. Venue for disputes shall be in the state or federal courts located in the same state unless otherwise agreed in writing.

Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning Portfolio Materials and supersedes prior oral or written communications on the topic. Any amendment must be in a signed writing.

Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Applicant Certification

I certify that all information provided in this Agreement and accompanying materials is true and complete to the best of my knowledge. I authorize Company to rely on the statements contained herein and to contact references and prior employers. I acknowledge that I have read, understand, and agree to the terms set forth in this Employee Portfolio Agreement.

Employee Initials

Acknowledgment of Receipt

Employee acknowledges receipt of any copies of Portfolio Materials submitted to Company and understands Company’s rights under this Agreement.

Employee:

By:

Date:

For Company:

By:

Date:

What the Employee Portfolio Agreement Covers

An Employee Portfolio Agreement is a contractual document that sets out how an employee's portfolio of work, samples, and related intellectual property may be used, retained, and disclosed by the employer and the employee. It typically addresses ownership or assignment of copyrights, permitted external use for marketing or personal websites, confidentiality obligations for proprietary materials, and the right to display or remove work samples. The agreement can include carve-outs for pre-existing works, licensing terms, and obligations on both parties after separation. It is commonly used in creative, technical, and professional services roles.

Why a Written Agreement Matters

A clear Employee Portfolio Agreement reduces disputes about ownership, preserves trade secrets, and defines permitted public use of work samples. It protects both the employer’s confidential interests and the employee’s ability to showcase work under agreed conditions, while documenting consent for publication and post-employment use.

Typical parties and roles involved

Organizations and individuals use this agreement to document rights and expectations around work samples and deliverables.

Human resources teams and hiring managers who need standardized portfolio policies for onboarding and separation.
Creative and technical employees who wish to retain the right to display non-confidential work publicly.
Legal or IP teams that must protect trade secrets while allowing limited portfolio use under contract.

Parties should confirm the signatory authority and any industry-specific addenda before execution.

Core clauses to include for clarity and enforceability

A professional Employee Portfolio Agreement balances employer protections with reasonable visibility for employee work samples; include precise, enforceable clauses to avoid ambiguity.

Ownership

Specify whether the employer owns, the employee retains, or rights are assigned/licensed for portfolio items created during employment, and define "work made for hire."

License Terms

If the employer grants a license back to the employee, state scope, duration, territory, and whether the license is revocable or exclusive for portfolio use.

Confidentiality

Identify confidential categories and prohibit inclusion of proprietary or client-identifiable materials in public portfolios without prior written consent.

Pre-Existing Work

List or provide a schedule of pre-existing works the employee retains and exclude them from assignment or licensing obligations.

Attribution and Credits

Define how the employee may describe their role and contributions, and whether employer logos or client names may be used.

Post-Employment Rights

Detail what the employee may display after termination, conditions for removal requests, and remedies for breach of the agreement.

Step-by-step: completing the agreement

Follow these steps in order to prepare, review, and finalize an Employee Portfolio Agreement efficiently.

01

Draft: Populate fields and attach exhibits listing pre-existing works.
02

Internal Review: Have HR and legal confirm scope and confidentiality language.
03

Employee Review: Provide the employee time to review and ask questions.
04

Execute: Collect signatures and record the executed document with HR.

Configuring an online completion workflow

Set up the digital workflow to ensure correct routing, authentication, and record retention when executing the agreement electronically.

Field	Configuration
Signer Order	Sequential routing: employee first, then authorized employer rep
Authentication	Use email plus optional SMS code for signer attribution
Required Fields	Make Effective Date, Signatures, and Pre-Existing Works mandatory
Audit Trail	Enable detailed timestamps and IP capture for evidentiary record

Typical electronic signing flow for this agreement

A standard e-sign flow reduces friction while preserving legal evidence required for later disputes.

Upload: Sender uploads the completed draft document.
Place Fields: Add signature, date, and checkbox fields where required.
Send to Signers: Email or link sent to the employee and employer signatory.
Complete: Signers authenticate, sign, and receive signed copies with an audit trail.

Technical considerations for secure e-signing

Ensure the e-sign platform supports required authentication, audit trails, and storage to meet legal and industry needs.

Authentication: Email and optional SMS or KBA for higher assurance
Document Formats: PDF and DOCX supported for preservation and export
Integrations: Connectors for HRIS, cloud storage, and document management

Timing and processing expectations

Establish realistic timelines for review and signature to keep onboarding or separation processes on schedule.

Draft Completion Deadline:

Complete draft prior to start date or project milestone

Internal Legal Review:

Allow 3–5 business days for review depending on complexity

Employee Review Period:

Provide at least 5 business days for employee questions

Signature Turnaround:

Target 48–72 hours for all signatories to complete execution

Record Filing:

File executed agreement in HR file within 5 business days

Key milestones from draft to archive

Track these sequential milestones to manage approvals and recordkeeping for the Employee Portfolio Agreement.

01

Draft Prepared

Draft created and attachments added; ready for internal review.

02

Internal Approval

Legal and HR approve language and scope of license or assignment.

03

Employee Execution

Employee signs the agreement and acknowledges pre-existing works list.

04

Record and Store

Executed copy stored in HR system and access logs retained.

Common preparation errors to avoid

Leaving the scope vague — generic language about "work" can create disputes over which items are covered and lead to litigation.
Failing to list pre-existing works — without an exhibit, employees may inadvertently assign prior personal or freelance work.
Overbroad confidentiality clauses — sweeping restrictions can prevent legitimate portfolio use and chill employee mobility.
Missing signatures or dates — unsigned or undated agreements weaken enforceability and complicate post-employment claims.

Risks and legal consequences of defective agreements

IP Dispute: Employer may lose claims without clear assignment language.

Breach of Confidentiality: Unauthorized disclosures risk contract damages and injunctive relief.

Invalid Execution: Improperly executed agreements may be voidable.

Reputational Harm: Public sharing of client data can harm business relationships.

Regulatory Exposure: Healthcare portfolios may trigger HIPAA violations.

Enforcement Costs: Litigation and defense expenses can be substantial.

eSignature vendor comparison for executing Employee Portfolio Agreements

Compare basic plan features and compliance posture when choosing an eSignature provider for secure signing and recordkeeping.

	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	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common questions and practical answers

Answers to frequent questions about execution, enforceability, and electronic workflows for Employee Portfolio Agreements.

Need help? Contact support

Can this agreement be e-signed?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Do I need a notary?
Most portfolio agreements do not require notarization; however, notarization may add evidentiary weight or be required by local practice for certain acknowledgments.
What about pre-existing work?
List pre-existing works in an exhibit. If omitted, an employer may argue items created during employment belong to the employer.
How do I protect client confidentiality?
Exclude client-identifiable materials from public portfolios, require redaction, and include approval procedures for any client-related samples.
Is HIPAA relevant here?
If portfolio items include protected health information, apply HIPAA safeguards and limit sharing; maintain a BAA if a vendor processes PHI.
Which eSign features matter most?
Choose a provider with robust audit trails, secure storage, authentication options, and a BAA if handling regulated health data; signNow, for example, offers HIPAA support with a required BAA.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now