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Financial Watersmart Agreement

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FINANCIAL WATERSMART AGREEMENT

Parties

This Financial Watersmart Agreement (the Agreement) is entered into as of between:

Recitals and Purpose

WHEREAS, the Borrower desires financing for the acquisition and installation of water-efficiency improvements and related goods and services (the Project); and WHEREAS, the Lender agrees to provide financing subject to the terms and conditions set forth in this Agreement.

Financing Terms

Project Budget / Schedule A (Financed Items)

List major items financed. If additional schedule pages are required, attach as Exhibit A and identify line items below.

Description Qty Unit Rate Amount

Payment Instructions and Fees

Borrower shall make payments to the Lender in accordance with the payment schedule. Payments shall be applied first to accrued interest and then to principal unless otherwise agreed in writing. Accepted methods of payment: check, ACH, or wire transfer to an account designated in writing by the Lender.

Borrower may prepay the principal in whole or in part at any time without penalty unless the parties have otherwise agreed in this field:

Security, Assignment, and Incentives

As security for the Borrower's obligations under this Agreement, Borrower grants Lender a security interest in the financed equipment and related fixtures and assigns to Lender the right to receive any utility rebates, incentive payments, or other third-party payments specifically attributable to the Project unless otherwise noted below.

Default and Remedies

The occurrence of any of the following shall constitute an Event of Default: failure to make any payment when due and such failure continues for more than 10 days after written notice; Borrower's material breach of representations or warranties; insolvency or filing of a petition in bankruptcy by or against Borrower. Upon Event of Default, Lender may accelerate all amounts due, exercise rights under the security instruments, recover costs and attorneys' fees, and pursue all remedies available at law or in equity.

Representations, Warranties, and Covenants

Borrower represents and warrants that Borrower has full power and authority to enter into this Agreement, that all information provided to Lender is true and complete, and that no other liens encumber the financed equipment except as disclosed. Borrower shall maintain the financed equipment in good working order and shall use proceeds only for the Project described in this Agreement.

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 designates by written notice).

Miscellaneous

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Property is located. Any amendment must be in writing and signed by both parties. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Certification

Each party certifies that the individual signing below is duly authorized to bind the party and that the information contained in this Agreement is true and complete. Borrower authorizes Lender to verify credit, project eligibility, and any other matters reasonably related to the financing.

Lender - Printed Name:

By:

Date:

Borrower - Printed Name:

By:

Date:

Enter text✕

What the Financial Watersmart Agreement is and when it applies

The Financial Watersmart Agreement is a standardized financial contract documenting terms between a program or provider and a recipient for water-efficiency financing, rebates, or on-bill repayment. It records parties, scope of financed measures, payment and repayment schedules, fees, remedies for default, and data/privacy provisions. The Agreement is usually prepared to support electronic execution and defensible recordkeeping under U.S. e-signature law and serves as the principal record for billing, tax reporting, and audit purposes.

Why organizations use a Financial Watersmart Agreement

Defines financing responsibilities, reduces ambiguity about payment obligations, and centralizes required disclosures. It supports electronic execution under U.S. law and improves auditability and operational efficiency for program administrators and lenders.

Why organizations use a Financial Watersmart Agreement

Typical users and stakeholders

Intended users include organizations managing water-efficiency financing and the individuals or entities receiving financing.

  • Municipal utilities and water districts administering rebate, loan, or on-bill financing programs.
  • Commercial property owners and facility managers contracting for upgrades and repayment plans.
  • Financial service providers, community lenders, and program administrators verifying eligibility and repayment terms.

The Agreement also serves legal, compliance, and accounting teams that maintain records, handle reporting, and support audits.

Core sections every Financial Watersmart Agreement should include

A professional Agreement groups essential provisions—parties, scope, financing terms, repayment, default remedies, and data/privacy obligations—so rights and obligations are clear and enforceable.

Parties

Identify each party with legal entity name, full mailing address, contact person, and taxpayer identification where relevant; specify entity type and signing authority documentation when an organization signs.

Scope

Describe eligible measures, installation provider responsibilities, performance standards, maintenance obligations, and any exclusions or limits on financed equipment, materials, or related services over the contract term.

Payment Terms

Set loan or grant amount, interest or fee structure, repayment schedule, due dates, prepayment terms, late fees, and designated payment methods such as on-bill, ACH, or check.

Default & Remedies

Specify events of default, cure periods, collection procedures, acceleration rights, and remedies including repossession, security interests, or lien procedures if applicable.

Privacy & Data

State data collection categories, permitted uses, retention period, third-party sharing, and compliance obligations such as HIPAA when health data is involved.

Signatures

Provide signature blocks for all parties, specify authorized signatories, add date fields, and note acceptable electronic signing methods aligned with ESIGN and UETA standards.

Essential information to collect in the Agreement

Full Legal Name: Name as on government ID
Entity Type: Individual, LLC, Corporation, or Agency
Contact Address: Street, city, state, ZIP
TIN or SSN: Taxpayer identification for reporting
Payment Terms: Amount, schedule, and method
Authorized Signer: Name and title of signer

Step-by-step: preparing and executing the Agreement

Follow a consistent sequence—prepare, verify, set terms, execute, and record—to ensure enforceability and accurate reporting.

  • 01
    Prepare Document: Assemble agreement, exhibits, and financing worksheet.
  • 02
    Verify Parties: Confirm legal names and tax IDs.
  • 03
    Set Terms: Fill amounts, rates, schedules, and notice details.
  • 04
    Execute & Record: Obtain all signatures, notarize if required, save audit trail.

Setting up an online workflow for signatures and retention

Configure an electronic workflow to route the Agreement, collect signatures, and retain a tamper-evident audit trail for compliance.

Workflow Field and Its Configuration Field name | Configuration settings and notes
Primary Signer Authentication Method Required Email link | SMS code | KBA optional
Signature Field Placement and Required Fields Signature, initials, dates | mandatory fields set
Routing Order and Parallel Signing Options Sequential or parallel routing | set signer order
Document Retention and Audit Trail Settings Automatic retention | PDF + audit trail | tamper-evident

Where to send and how the signed Agreement flows

After execution, route the Agreement to accounting, legal, and the program administrator and archive a signed copy for audit.

  • File: Submit signed PDF to program records and accounting.
  • Send to Lender: Provide executed copy to financing entity for loan setup.
  • Notify Customer: Send confirmation and payment schedule to account holder.
  • Archive: Store in secure repository with audit trail and access controls.

Platform capabilities to support secure electronic execution

Electronic execution requires a platform that supports audit trails, secure storage, and signer authentication consistent with U.S. law.

  • Authentication: Email, SMS, or two-factor
  • Document Formats: PDF, DOCX, or HTML
  • Integrations: Connects to Salesforce, NetSuite, Google Workspace

Key timelines and deadlines to track

Key deadlines depend on program disbursement schedules, tax reporting triggers, and notice periods for default or cancellation.

Agreement Effective Date:

Effective date starts obligations and determines reporting period.

Payment Due Dates and Schedule:

List installment dates and final due date each year.

Tax Reporting Triggers:

Provide receipts and TINs when required by payor for IRS forms.

Default Notice Period:

Specify cure period before acceleration or collections commence.

Record Retention Start Date:

Retention begins on execution date unless otherwise stated.

Common mistakes to avoid when preparing the Agreement

  • Failing to verify signer authority and legal entity names leads to unenforceable obligations and delayed tax reporting; confirm corporate resolutions or signer authority documents before execution.
  • Incomplete payment schedules, vague late fees, or unspecified interest rates cause disputes and complicate collections; use explicit formulas and examples for clarity.
  • Omitting required disclosures for consumer-facing financial arrangements can violate ESIGN consumer disclosure rules and lead to rescission rights or enforcement challenges.
  • Relying on simple signature image overlays without robust audit trails may weaken evidence in disputes; collect timestamps, IPs, and signer authentication records.

Potential penalties and legal risks from errors

Invalid Execution: Agreement may be void
Tax Reporting Failure: Backup withholding, penalties
Late Payments: Late fees, acceleration
Privacy Breach: HIPAA or state penalties
Collection Costs: Legal fees and interest
Intentional Noncompliance: Higher fines, criminal exposure

Comparing basic pricing and key features among common eSignature vendors

Basic pricing, HIPAA support, bulk-send capability, and envelope limits vary across vendors; compare plans against volume and compliance needs.

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 Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA required) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies Varies

Frequently asked questions about signing and enforceability

Answers to frequent questions about signing, enforceability, and troubleshooting electronic execution of the Financial Watersmart Agreement.


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