Is an electronic signature legally valid?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and in intrastate matters under UETA in most jurisdictions, provided intent, consent, attribution, and record retention requirements are met.

When is notarization required?

Not all Post Exchange Agreements require notarization; require a notary when state recording rules, title companies, or specific statutory forms call for acknowledgement or when a self-proving affidavit is needed.

Can I use remote online notarization (RON)?

Many states permit RON with identity proofing and audio‑visual recording; verify the state notary commission rules for RON requirements and retention obligations before relying on it.

Who may sign for an entity?

Authorized signers include officers or individuals with express authority; when in doubt obtain a corporate resolution or officer certificate to avoid later challenges to authority.

How do I correct an executed agreement?

Corrections typically require an amended Post Exchange Agreement or mutual written amendment signed by all parties; avoid unilateral edits to executed copies.

Where should I file the executed agreement?

Provide executed copies to escrow/title, counsel, and each party. If the agreement affects recorded interests, follow county recording procedures and include any required acknowledgements.

Electronic Signature
Templates
Miscellaneous
Post Exchange Agreement

Post Exchange Agreement

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

POST EXCHANGE AGREEMENT

This Post Exchange Agreement (the "Agreement") is entered into between Party A Name: and Party B Name: . Effective Date: .

RECITALS

WHEREAS, Party A operates social media accounts, blogs, or other digital channels and has the capability to publish promotional or editorial posts for the benefit of third parties; and

WHEREAS, Party B operates social media accounts, blogs, or other digital channels and desires reciprocal or compensated posting services to promote its content, products, or services; and

WHEREAS, the parties desire to set forth the terms and conditions under which each party will create, publish, and/or pay for posts on the other party's channels.

SCOPE OF WORK

Scope Description Deliverables and Schedule

Number of posts to be published by Party A: Number of posts to be published by Party B:

Publication Windows and Deadlines

PAYMENT TERMS

The parties agree that exchange consideration shall be one of the following as indicated. Check all that apply:

Reciprocal exchange of posts with no monetary payment required by either party.

Fee paid by:

Payment Amount and Schedule

Payment Amount: Currency:

Payment Schedule (describe milestones, due dates, invoicing) Late Payment

Late fee rate: or Flat late fee:

All amounts payable under this Agreement are exclusive of taxes. The paying party is responsible for any taxes arising from payments made under this Agreement, except taxes based on the recipient's net income.

TERM AND TERMINATION

Term

Commencement Date: Expiration Date:

Termination

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for days after written notice. Either party may terminate for convenience upon days' prior written notice to the other party.

Upon termination, each party shall promptly cease use of the other's content and promptly pay any undisputed amounts due. Sections that by their nature survive termination shall survive, including but not limited to confidentiality, indemnity, and governing law.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other, whether oral or written, that is designated as confidential or that, given the nature of the information, a reasonable person would understand to be confidential. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, provided the receiving party provides prompt notice to the disclosing party to allow it to seek protective relief.

The receiving party will hold the disclosing party's Confidential Information in confidence and will not disclose such information to third parties except as necessary to perform its obligations under this Agreement. The confidentiality obligations under this Section shall survive termination for years.

INTELLECTUAL PROPERTY AND CONTENT USE

Each party retains all right, title, and interest in its pre-existing intellectual property. For content created specifically for the posts contemplated by this Agreement, unless otherwise agreed in writing, each party grants the other a non-exclusive, non-transferable license to use the published content solely as described in the Scope of Work for the Term of this Agreement. Each party represents and warrants that it has the lawful right to publish or license any content provided to the other and that such content does not infringe the rights of any third party.

INDEMNITY; LIMITATION OF LIABILITY

Each party agrees to indemnify and hold harmless the other party from and against any third-party claims arising out of the indemnifying party's breach of representation, warranty, or infringement of third-party rights. EXCEPT FOR A PARTY'S INDEMNITY OBLIGATIONS OR A BREACH OF CONFIDENTIALITY, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF EACH PARTY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY ONE PARTY TO THE OTHER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. The parties shall attempt in good faith to resolve any dispute arising under this Agreement by negotiation. If negotiation fails, the parties may pursue any remedy available at law or in equity in the state or federal courts located in the chosen governing state.

ENTIRE AGREEMENT; AMENDMENT

This Agreement (including any exhibits or attachments executed by the parties) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether oral or written. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

The parties are independent contractors. Neither party has authority to bind the other. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument.

Party A Name:

By:

Date:

Party B Name:

By:

Date:

What a Post Exchange Agreement Is and When It Applies

A Post Exchange Agreement documents terms and obligations that the parties agree to after an initial exchange event has occurred. In real estate and commercial transactions this typically covers adjustments, escrow instructions, closing steps, deliveries, cure periods, and allocation of costs or credits that were not finalized at the moment of exchange. The agreement is a standalone contract that modifies or supplements prior transaction documents; it should identify the original exchange, describe outstanding items, set deadlines, and state governing law so later enforcement or interpretation is straightforward.

Why a Post Exchange Agreement Matters

A clear Post Exchange Agreement reduces ambiguity about remaining obligations, protects parties against unintended defaults, and creates an evidentiary record for enforcement or closing. It also allocates risk for post-exchange contingencies and defines timing for performance.

Who Typically Prepares and Signs This Agreement

The document is commonly used in real estate closings, asset sales, and complex commercial exchanges where post-exchange adjustments are expected.

Buyers and sellers with unresolved closing conditions or prorations
Escrow agents or title companies coordinating outstanding deliverables
Attorneys or transaction managers drafting amendments and schedules

Core Elements to Include in a Professional Post Exchange Agreement

A well-drafted agreement is concise, identifies the reference transaction, and lists outstanding obligations, deadlines, remedies, and allocation of costs.

Parties

Full legal names and roles of each party, including any capacity (e.g., buyer, seller, escrow agent) and entity identifiers where applicable.

Reference

Clear cross-reference to the original contract: date, parties, and file or escrow number so there is no ambiguity about which exchange is modified.

Outstanding Items

Specific list of unresolved deliverables — inspections, clear title exceptions, repairs, documents to be recorded, or agreed credits with measurable standards.

Deadlines

Firm dates or formulas for completion and cure periods; include time zone and business-day conventions for computing deadlines.

Remedies

Consequences for missed obligations (extensions, liquidated damages, escrow holdbacks, dispute resolution, or termination rights) stated clearly and proportionately.

Governing Law

Designate the state law that governs interpretation and any forum or alternative dispute resolution process to avoid ambiguity.

Required Information Fields at a Glance

Party Names: Full legal names

Reference Contract: Date and ID

Effective Date: MM/DD/YYYY

Outstanding Items: Short list

Deadlines: Specified dates

Signatures: Signed and dated

Potential Consequences of an Incomplete or Incorrect Agreement

Enforcement Delay: Litigation risk

Financial Loss: Damages exposure

Title Issues: Recording disputes

Tax Implications: Unexpected liabilities

Regulatory Risk: Noncompliance

Contract Voidance: Ambiguity risk

Common Errors to Avoid

Vague descriptions of outstanding obligations that leave room for differing performance interpretations and later disputes.
Missing or inconsistent dates (effective, performance, and recording dates) that create timing conflicts between related transaction documents.
Failure to identify the exact original agreement by date and parties, which may result in attachment or enforcement problems.
Not specifying remedies or fail-safe mechanisms (escrow holdback, interest, or liquidated damages) for unresolved items.

Real-world Examples of Post Exchange Agreements

Two brief scenarios show how these agreements resolve common post-exchange items without re-opening primary contract terms.

Residential Closing Cure

A buyer and seller agreed to a 30-day repair schedule following inspection discovery

The escrow agent held $5,000 in reserve until repairs were verified
The Post Exchange Agreement specified benchmarks, inspection evidence, and release conditions so closing could proceed on schedule without rescinding the purchase contract.

Commercial Asset Delivery

A seller delivered equipment later than the exchange date and agreed to staggered shipments over 60 days

Parties set confirmation checkpoints by serial number
The agreement included prorated credits for delayed units and an inspection acceptance protocol to avoid re-negotiating the sale price.

Step-by-Step: Filling Out a Post Exchange Agreement

Follow these steps in order to create a clear, enforceable post-exchange amendment or supplement.

01

Identify reference: Record the original agreement date and parties.
02

List items: Enumerate outstanding obligations precisely.
03

Set deadlines: State firm dates and time rules.
04

Sign and date: Ensure all parties execute the agreement.

How the Post Exchange Agreement Integrates with Closing Workflow

A Post Exchange Agreement is often routed, approved, and recorded as part of the closing workflow — here are the common steps and participants.

Drafting: Prepared by counsel or transaction manager.
Review: Parties and escrow review and comment.
Execution: All signatories sign and date.
Distribution: Final executed copies sent to stakeholders.

Supporting Clauses and Attachments to Include

Attach practical exhibits and clauses to make obligations measurable and enforceable without further negotiation.

Exhibit A

Detailed schedule of remaining deliverables, including checklists, acceptance criteria, and any serial or parcel identifiers that make compliance objectively verifiable by escrow or an independent inspector.

Escrow Holdback

Describe the amount to be held, conditions for release, interest handling, and whether funds revert on failure, including timelines for claims against the holdback.

Cure Procedures

Define cure windows, notice mechanics, required evidence of cure, and who determines sufficiency (party, escrow, or third-party inspector).

Dispute Resolution

State whether disputes follow arbitration, mediation, or court litigation and identify governing rules, venue, and any statutes that limit remedies.

Practical Tips for Accurate and Efficient Completion

Use clear, objective language and include measurable criteria so performance is verifiable without re-opener litigation.

Use precise references

Cite the original agreement by date, page, and section when applicable; attach a copy of the referenced provision when it clarifies obligations or creates cross-references.

Prefer fixed deadlines

Avoid open-ended phrases like 'within a reasonable time'; instead use exact calendar dates or formulas tied to defined events, and specify business-day conventions.

Document evidence requirements

Specify what constitutes satisfactory completion — invoices, inspection reports, delivery receipts, or recorded instruments — and who certifies acceptance.

Retain executed copies

Distribute signed originals or certified electronic copies to escrow, counsel, and each party and keep a secure retained copy for the retention period required by law or policy.

Key Post-Exchange Milestones

Track these milestones to ensure obligations are completed in the correct order and within agreed timeframes.

01

Execution Date

The date the Post Exchange Agreement becomes effective and starts all subsequent deadlines.

02

Performance Deadlines

Dates by which each outstanding obligation must be satisfied or formally cured.

03

Escrow Release

The date escrow is authorized to release holdbacks after verification.

04

Final Close

The final date for recording and completing all post-exchange closing steps.

Typical Timeframes and Processing Expectations

Expect prompt review and tight timelines after exchange; specific items often carry statutory or industry timing expectations.

Short-term cures:

7–30 days common depending on the issue

Escrow holdbacks:

Often 30–90 days until verification

Recording actions:

County recording typically completes in 1–21 business days

Title clearance:

Title exceptions cleared per escrow timeline

Final accounting:

30–60 days after last delivery for final prorations

Configuring an Online Workflow for a Post Exchange Agreement

Set up fields, signers, and routing to mirror the legal execution and distribution steps used in paper workflows.

Field	Configuration
Signature Blocks	One block per signatory with date fields
Role Order	Sequential or parallel signer routing
Conditional Fields	Show or hide exhibits based on choices
Audit Trail	Capture IP, timestamp, and actions

Digital Signing and File Format Considerations

Ensure the chosen platform supports audit trails and secure storage to meet ESIGN/UETA evidentiary requirements and any industry-specific obligations.

Accepted Formats: PDF, DOCX
Authentication: Email, SMS, or stronger
Integrations: CRMs or title systems

Frequently Asked Questions — Practical Answers

Answers to common execution, validity, and submission questions to help avoid common pitfalls.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and in intrastate matters under UETA in most jurisdictions, provided intent, consent, attribution, and record retention requirements are met.
When is notarization required?
Not all Post Exchange Agreements require notarization; require a notary when state recording rules, title companies, or specific statutory forms call for acknowledgement or when a self-proving affidavit is needed.
Can I use remote online notarization (RON)?
Many states permit RON with identity proofing and audio‑visual recording; verify the state notary commission rules for RON requirements and retention obligations before relying on it.
Who may sign for an entity?
Authorized signers include officers or individuals with express authority; when in doubt obtain a corporate resolution or officer certificate to avoid later challenges to authority.
How do I correct an executed agreement?
Corrections typically require an amended Post Exchange Agreement or mutual written amendment signed by all parties; avoid unilateral edits to executed copies.
Where should I file the executed agreement?
Provide executed copies to escrow/title, counsel, and each party. If the agreement affects recorded interests, follow county recording procedures and include any required acknowledgements.

eSignature Vendor Comparison for Executing a Post Exchange Agreement

Comparison of common vendor criteria and entry-level pricing to help evaluate eSignature platforms for executing and managing Post Exchange 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 trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

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