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Agreement with Mobile Notary Service

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Agreement with Mobile Notary Service

Agreement made on the , between of , referred to herein as Notary, and , of , referred to herein as Agent.

Whereas, Notary is a Notary Public who provides mobile notary services at mortgage, escrow, title, and other loan closings; and Whereas, Agent desires to procure Notary’s services at a loan closing (the Closing) to be held involving pursuant to the terms of this Agreement;

1. Service and/or Duties

Agent and Notary agree that Notary’s sole duty is to provide Notary Public Service so the Agent can get the necessary documents Notarized at the Closing after the appropriate parties sign such documents. No other duties other than the one prescribed herein have been assigned to Notary.

2. Compensation

A. Agent agrees to pay Notary the sum of $ for her services at Closing.

B. If the Closing is cancelled, with one day or more advance confirmed notice, the above compensation indicated in Section 1 will not be due. Confirmation of cancellation shall consist of live personal voice contact with Notary. Email, fax, voicemail, text, or other electronic deliveries are not acceptable. If notification is given with less than one day advance notification, then Notary shall be paid as set forth in sub-section C below.

C. If the Closing is cancelled without proper notification, the above compensation is still payable at a Fifty Percent (50%) reduction.

3. Effective Date, Term and Termination.

A. This Agreement is for the time period starting at on .

B. If for any reason the Closing is rescheduled to another date this Agreement shall remain in effect for each subsequent date, provided both Notary and the Agent agree to keep this Agreement in effect. Otherwise, this Agreement shall terminate.

4. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

5. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

6. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

7. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by a personal phone call from the other party.

8. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

9. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

10. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

11. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

12. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.

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What the Agreement with Mobile Notary Service Covers

An Agreement with Mobile Notary Service is a written contract that establishes the relationship between a client and a traveling notary who provides notarizations at a specified location or remotely. It defines the scope of services (notarial acts, identity verification, and whether Remote Online Notarization is available), fees and travel charges, scheduling and cancellation terms, recordkeeping and audiovisual recording practices, and limits of liability. The agreement also documents signer consent for any electronic delivery, methods of signature and authentication, and the parties responsible for retaining original or certified copies under applicable state statutes.

Why use a formal mobile notary agreement

A clear agreement allocates responsibility for identity proofing, travel and cancellation costs, and custody of documents, reducing disputes and supporting compliance with ESIGN (15 U.S.C. ch. 96) and state notary law. It documents consent for recording or RON sessions and sets expectations for retention and production of audit trails.

Why use a formal mobile notary agreement

Who typically enters into this agreement

The Agreement with Mobile Notary Service suits organizations and individuals who need notarization outside an office setting.

  • Real estate agents arranging signings at properties or closings
  • Healthcare providers needing HIPAA‑aware patient consent notarizations
  • Law firms and clients for remote or on-site estate and power of attorney signings

Use the agreement whenever a mobile notary is engaged to clarify fees, authentication, recording, and record retention responsibilities.

Essential sections to include in the agreement

A professional agreement should be organized into clear sections so both parties understand service boundaries, costs, and legal protections.

Parties

Identify the client and the notary by full legal name, business name if applicable, address, and contact information to avoid ambiguity.

Scope of Services

Specify which notarial acts are provided (acknowledgment, jurat, oath), whether document review is included, and whether RON is offered.

Fees & Payment

List base notary fees, mobile travel charges, RON session fees, accepted payment methods, and late‑payment or cancellation penalties.

Identity Verification

Describe acceptable ID credentials, any knowledge‑based authentication or credential analysis, and procedures for refusing service.

Recordkeeping & Privacy

State whether audio‑visual RON recordings or journal entries will be kept, retention periods, and any HIPAA or privacy safeguards.

Liability & Indemnity

Limitations of liability, indemnification obligations, and choice of governing law to resolve disputes related to the notarization service.

How to complete the Agreement with Mobile Notary Service

Follow these four steps to prepare and finalize the agreement before the scheduled notarization.

  • 01
    Prepare Document: Assemble forms and identify which pages need notarization.
  • 02
    Provide ID: Gather required government‑issued ID for every signer.
  • 03
    Arrange Appointment: Agree on time, place, and whether RON will be used.
  • 04
    Notary Performs Act: Notary verifies identity, completes journal entry, and attaches certificate.

Configuring an online or hybrid mobile notary workflow

When using eSignature or RON tools, set clear configuration options to align with state rules and client expectations.

Field Configuration
Document upload PDF or DOCX accepted
Authentication Email, SMS code, or KBA
RON option Enabled or disabled per state
Recording retention 5–10 years per state rule

Typical routing and delivery steps

A common end‑to‑end flow clarifies where documents move before and after notarization.

  • Recipient Routing: Sender designates signer and delivery recipients.
  • File Submission: Client uploads document to the notary or platform.
  • Notary Confirmation: Notary confirms identity and completes notarization.
  • Final Delivery: Signed copies and audit trail are delivered to parties.

Technical and platform considerations for digital or remote notarization

Confirm file formats, authentication methods, and retention features before relying on electronic or remote notarization.

  • File Types: PDF, DOCX supported
  • Authentication: Email, SMS, KBA options
  • Integrations: CRM and cloud storage

Ensure the chosen platform supports required audit trails, recording retention, and any HIPAA or 21 CFR Part 11 obligations in your jurisdiction.

Timing and processing expectations

Set clear scheduling and delivery windows so parties know when payment, recordings, and final documents will be completed.

Appointment Scheduling:

Book at least 24–48 hours in advance for mobile visits.

Cancellation Window:

Specify when cancellation fees apply, commonly 24 hours.

Payment Due:

Payment may be required at the appointment or prepayment agreed.

RON Recording Retention:

Retain audiovisual recordings per state RON rules (often 5–10 years).

Signed Copy Delivery:

Provide final signed copy within 24–72 hours after notarization.

eSignature vendor comparison for notarization workflows

Basic plan and capability snapshot for common eSignature vendors. signNow is listed first per platform comparison guidelines.

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

Security and compliance features to document

In Transit: TLS 1.2/1.3
At Rest: AES-256 encryption
HIPAA: BAA available
SOC 2: Type II certified
ISO: ISO 27001 certified
21 CFR: Compliant for FDA records

Common mistakes to avoid when preparing the agreement

  • Failing to confirm state RON availability and required identity proofing methods can invalidate remote notarizations.
  • Not documenting travel fees and cancellation policies leads to disputes over charges when appointments are rescheduled.
  • Using abbreviated names or mismatched signer names versus government ID frequently results in the notary refusing to notarize.
  • Ommiting retention commitments for audiovisual RON recordings or notary journals creates retrieval problems during audits or litigation.

Risks and potential consequences of errors

Invalid Notarization: Document may be void
Refused Service: Notary can decline notarization
Legal Exposure: Liability for misstatements
Regulatory Penalty: State fines possible
Tax Consequence: Backup withholding risk
Evidence Issues: Poor retention weakens proof

Practical tips for accurate and efficient completion

Follow these practical controls to reduce friction, maintain compliance, and preserve evidentiary integrity.

Confirm Identification
Verify government ID and match the name on the agreement to the ID; document the ID type and number in the notary journal to avoid future challenges.
Document Scope
Clearly describe which pages require notarization and whether the notary may examine the document; ambiguity often causes on‑site delays and refusals.
Record Consent
For RON or audio‑visual recording, obtain written consent in the agreement specifying retention period and access rules consistent with state law.
Clarify Fees
List base notary fees, travel and after‑hours fees, and payment methods; require prepayment or credit card authorization when appropriate to secure the appointment.

Real examples of mobile notary use

Practical examples show how organizations document requirements and rely on mobile notaries in different contexts.

Martin Properties — On‑site closings

A regional broker needed signings at rental properties

  • Mobile notary met tenants on site
  • The agreement specified travel fees, ID requirements, and same‑day delivery of signed leases, reducing no‑shows and disputes.

Fertility Centers of Illinois — Patient forms

A medical practice required notarized consent for treatment

  • Mobile notary attended the clinic
  • They used a HIPAA addendum and retained a secure audit trail to demonstrate compliance and preserve patient privacy.

Frequently asked questions about the Agreement with Mobile Notary Service

Answers to common operational and legal questions about executing and enforcing a mobile notary agreement.


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