Are electronic waivers legally enforceable?

Yes in most cases: the ESIGN Act (15 U.S.C. ch. 96) and UETA (1999) recognize electronic signatures when intent, consent, attribution, and record retention are satisfied. Exceptions include certain estate and court documents.

Do waivers remove notarization requirements?

Not automatically. If state law or a third party requires notarization (for deeds or certain affidavits), the waiver must expressly permit RON or in-person notarization; otherwise notarization remains necessary.

How do I document signer consent?

Capture an explicit consent statement in the waiver, include an audit trail (timestamp, IP, authentication), and, for consumer-facing matters, follow ESIGN disclosure and consent procedures.

Can a signer revoke a waiver?

Yes if the waiver or governing contract allows revocation. Absent agreement language, revocation may be limited; include a clear revocation process in the waiver to avoid disputes.

How long should I keep signed waivers?

Retain executed waivers for the active term plus statutory periods: at least three years for tax-related records (IRC §6501(a)) and six years for HIPAA-covered records (45 CFR §164.530(j)).

What if a signer cannot access email to sign?

Provide alternative authenticated methods (SMS code, telephone verification, or in-person signing) documented in the waiver; ensure the chosen method preserves intent and attribution evidence.

Electronic Signature
Templates
Legal
Legal Signature Waiver

Legal Signature Waiver

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

LEGAL SIGNATURE WAIVER

This Legal Signature Waiver (the "Waiver") is entered into as of Day: Month: Year: by and between Party A Name: with principal address (hereinafter "Party A"), and Party B Name: with principal address (hereinafter "Party B").

RECITALS

WHEREAS, Party A and Party B are parties to an agreement entitled dated (the "Underlying Agreement");

WHEREAS, the Underlying Agreement and other related instruments contemplate execution by signature, but the parties desire to waive the requirement for original wet-ink signatures and to permit execution by electronic means, counterpart signature, or other equivalent authenticated methods;

WHEREAS, the parties intend that this Waiver confirm and memorialize their mutual agreement regarding signatures so that the absence of an original manual signature shall not invalidate the Underlying Agreement or any amendment, notice, or related document.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver the following terms shall have the meanings set forth below. "Electronic Signature" means any electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a party with the intent to sign the record. "Counterpart" means a duplicate copy of an instrument executed by a party and exchanged by delivery, facsimile, electronic transmission, or other means of communication.

2. WAIVER OF REQUIREMENT FOR ORIGINAL SIGNATURES

Each party hereby irrevocably waives, to the fullest extent permitted by law, any right to require that the Underlying Agreement, any amendment thereto, any notice, or any related instrument be executed with an original manual (wet-ink) signature. Execution by Electronic Signature, by delivery of a PDF or facsimile copy bearing a signature image, or by separate counterparts delivered electronically shall have the same force and effect as an original signature and shall be binding upon the executing party.

This Waiver specifically authorizes acceptance of signatures delivered by the following means (check all that apply):

PDF or image of a signed document Electronic signature service Facsimile or scanned copy

3. EFFECT ON UNDERLYING AGREEMENT

Except as expressly modified by this Waiver, all terms and conditions of the Underlying Agreement shall remain in full force and effect. No failure to obtain a manual signature shall constitute a defense to enforcement of the Underlying Agreement. Any instrument executed in accordance with this Waiver shall be deemed a valid and binding instrument enforceable against the executing party.

4. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) it has full power and authority to enter into this Waiver; (b) the person executing this Waiver on its behalf is duly authorized to bind such party; and (c) the execution and delivery of this Waiver and the performance of its obligations do not and will not contravene any agreement, law, or order binding on such party.

5. CONSIDERATION

The parties acknowledge and agree that the mutual waivers, covenants and agreements contained in this Waiver constitute sufficient consideration for each party's obligations hereunder.

6. NOTICES

Notices required or permitted under this Waiver shall be in writing and shall be delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this section.

Party A Notice Address Party B Notice Address

7. ELECTRONIC EXECUTION; COUNTERPARTS

This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Delivery of an executed counterpart by electronic transmission (including by PDF, facsimile, or other electronic means) shall have the same force and effect as physical delivery of an original executed counterpart.

8. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles.

9. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10. ENTIRE AGREEMENT; AMENDMENT; WAIVER

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment or waiver of any provision of this Waiver shall be effective unless in writing and signed by both parties. No failure or delay by a party in exercising any right shall operate as a waiver of that right.

11. INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any liability, loss, damage or expense (including reasonable attorneys' fees) arising out of or resulting from any breach of the representations, warranties or obligations contained in this Waiver.

CERTIFICATION

Each individual signing below certifies and warrants that he or she is duly authorized to sign on behalf of the party for which he or she signs, that the signatory has read and understands this Waiver, and that execution of this Waiver is intended to bind the party to all of its terms.

Party A:

By:

Date:

Party B:

By:

Date:

What a Legal Signature Waiver Is and When It’s Used

A Legal Signature Waiver is a document in which a party voluntarily relinquishes the right to require a handwritten or notarized wet-ink signature for a specified transaction or record. It confirms consent to accept an alternate signing method, such as an electronic signature, and records the scope, parties, and effective date of that waiver. Typical uses include contract amendments, procedural consent in transactions, or administrative exceptions where the parties agree that an electronic or other non-wet signature will create the same legal effect as an original signature.

Why a Signed Waiver Matters for Transaction Continuity

A clear waiver reduces disputes about signature form, documents admissibility, and closing delays. Under the ESIGN Act (15 U.S.C. ch. 96) and UETA (1999, adopted by most states), electronic signatures can be legally equivalent to handwritten ones when intent, consent, attribution, and record retention are present.

Who Typically Prepares or Signs a Legal Signature Waiver

The waiver is used by parties and administrators across transactional workflows who need a documented exception to signature-form requirements.

Contract administrators and in-house counsel who need a recorded consent to alternate signature methods.
Property managers and real estate closing teams avoiding in-person signature delays.
HR or benefits teams collecting signed acknowledgments when physical signatures are impractical.

Use the waiver when all parties can demonstrably consent and when the waiver’s scope, duration, and signature method are explicit.

Core Elements to Include in a Professional Legal Signature Waiver

A well-drafted waiver is compact but precise; it defines scope, parties, method, and legal effect so the agreement can be relied on in dispute resolution or regulatory review.

Parties & Recitals

Identify each party by full legal name and capacity, and succinctly state the background facts and the transaction to which the waiver applies.

Waiver Language

Clearly state that the party waives the right to require a wet-ink signature for the specified document(s) and identify any conditions or limits on that waiver.

Permitted Signature Methods

List acceptable signature methods (typed name, e-signature, image, RON) and any authentication required to validate signatory identity.

Notarization Clause

Specify whether notarization remains required, whether RON is acceptable, and any recordkeeping obligations for audio-video or notary journals.

Effective Date and Duration

State when the waiver takes effect and whether it applies to a single document, a class of documents, or a fixed time period.

Governing Law & Remedies

Specify the governing state law and any limitations on remedies or dispute resolution procedures tied to the waiver.

Step-by-Step: How to Complete a Legal Signature Waiver

Follow these sequential steps to prepare and execute a waiver correctly.

01

Prepare Document: Draft waiver with clear scope and party identification.
02

Confirm Consent: Obtain explicit written consent to the electronic or alternate signature method.
03

Add Signature Fields: Place signature, date, and authentication instructions on the form.
04

Execute and Retain: Have parties sign, then store the executed waiver and audit evidence securely.

How to Configure a Digital Waiver Workflow

Set these workflow controls when issuing the waiver electronically to ensure proper authentication, routing, and retention.

Field	Configuration
Authentication	Email link, SMS code, or KBA based on risk
Notifications	Email reminders and delivery receipts enabled
Field Validation	Required fields and date format enforcement
Storage	Encrypted retention with audit trail retention policy

Where to Send and How the Waiver Is Processed

A typical route ensures recipients see, authenticate, sign, and receive the executed waiver with evidentiary logs.

Upload: Add the waiver to your document system.
Route: Send to signers in defined order or simultaneously.
Sign: Signer authenticates and applies permitted signature.
Archive: Store signed copy with audit trail and attachments.

Digital Signing and System Requirements

Use an e-signature platform that supports the selected authentication and retention standards for your waiver.

Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace supported
File Formats: PDF, Word DOCX, and HTML input/output supported
Security: TLS in transit; AES-256 at rest

Choose platform settings that capture an auditable certificate of completion, preserve metadata (IP, timestamp), and support long-term storage and retrieval for compliance and litigation readiness.

Timelines, Response Windows, and Processing Expectations

While waivers are not typically subject to statutory filing deadlines, set internal timelines and document retention triggers to reduce dispute risk.

Issue Timeline:

Provide waiver to counterparty at least 7–14 days before relying on it

Execution Window:

Specify how long the waiver offer remains open (commonly 7–30 days)

Acknowledgment:

Require signer to confirm receipt and consent within stated period

Processing:

Allow 1–3 business days for verification and archiving

Retention Trigger:

Start retention clock on execution date for recordkeeping

Common Preparation Errors to Avoid

Using vague scope language that fails to identify specific documents or transaction types.
Collecting an image of a signature without any authentication or audit trail to demonstrate intent.
Failing to state whether notarization, RON, or witness requirements still apply.
Not retaining an auditable record (timestamp, IP, authentication) proving consent and attribution.

Potential Consequences of a Flawed Waiver

Enforceability Risk: Waiver may be held unenforceable if consent or intent is not demonstrably documented

Evidence Gaps: Absence of audit trail weakens admissibility in disputes

Regulatory Exposure: Certain regulated records may require specific consent disclosures

Notarization Failure: If notarization was required, omitted notary can void the document

Operational Delay: Incorrectly scoped waiver can cause transaction stoppage

Reputational Harm: Contract disputes over signature validity may affect business relationships

Representative eSignature Pricing and Feature Comparison

Compare common vendor price points and capabilities relevant to executing and storing waivers; signNow appears first for direct comparison.

	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	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Practical Examples of Waiver Use in the Field

These examples show how organizations document consent to alternate signature methods to keep transactions moving.

Optica Ventures (COO)

The team needed remote consent for investor documents

Used an e-sign waiver for acceptance
By recording signed consent and audit logs, they avoided in-person signing delays while preserving enforceability.

Martin Properties (Founder)

Property closings required rapid signature collection across states

Implemented waivers permitting electronic signatures
The approach reduced scheduling friction and produced clear records for later title review and audit.

Frequently Asked Questions About Legal Signature Waivers

Answers to common questions about enforceability, notarization, revocation, and storage of signature waivers in the United States.

Need help? Contact support

Are electronic waivers legally enforceable?
Yes in most cases: the ESIGN Act (15 U.S.C. ch. 96) and UETA (1999) recognize electronic signatures when intent, consent, attribution, and record retention are satisfied. Exceptions include certain estate and court documents.
Do waivers remove notarization requirements?
Not automatically. If state law or a third party requires notarization (for deeds or certain affidavits), the waiver must expressly permit RON or in-person notarization; otherwise notarization remains necessary.
How do I document signer consent?
Capture an explicit consent statement in the waiver, include an audit trail (timestamp, IP, authentication), and, for consumer-facing matters, follow ESIGN disclosure and consent procedures.
Can a signer revoke a waiver?
Yes if the waiver or governing contract allows revocation. Absent agreement language, revocation may be limited; include a clear revocation process in the waiver to avoid disputes.
How long should I keep signed waivers?
Retain executed waivers for the active term plus statutory periods: at least three years for tax-related records (IRC §6501(a)) and six years for HIPAA-covered records (45 CFR §164.530(j)).
What if a signer cannot access email to sign?
Provide alternative authenticated methods (SMS code, telephone verification, or in-person signing) documented in the waiver; ensure the chosen method preserves intent and attribution evidence.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now