Is the form legally binding?

Yes. An electronically executed Pre-Contractual Information Form can be legally binding when it meets ESIGN requirements: intent to sign, consent to electronic transactions, attribution to the signer, and the ability to retain and reproduce the record (15 U.S.C. §7001). State UETA law may govern intrastate transactions.

Can the form be signed electronically?

Yes. Electronic signatures are acceptable under ESIGN and UETA for most commercial contracts. Exceptions include certain testamentary documents, some court filings, and other statutorily excluded categories per federal and state rules.

What if information is incorrect?

If material facts are incorrect, parties should amend the form and re-execute it. Incorrect or omitted terms may expose a party to rescission, damages, or renegotiation; document amendments should follow the same execution and retention standards.

Is notarization required?

Not generally for a Pre-Contractual Information Form unless state law or the underlying transaction requires notarization or witness signatures. For documents that do require notarization, follow state-specific RON or in-person notary rules.

How long must I keep the form?

Retention depends on the transaction and regulation: follow IRS guidance (IRC §6501(a)), industry rules such as HIPAA (45 CFR §164.530(j)), and any longer state or contractual retention obligations.

How do I update after signature?

Use an amendment or addendum signed by all parties. Do not edit an executed form in place; maintain the original executed copy plus the executed amendment for an auditable record.

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Pre-Contractual Information Form

Pre-Contractual Information Form

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Pre-Contractual Information Form

Recitals

WHEREAS, Client Name: seeks to engage the services of Contractor Name: to perform the services described below; and

WHEREAS, the parties intend to document the material pre-contractual disclosures, representations, and conditions that will guide negotiation and formation of a definitive contract effective as of Effective Date: .

Parties and Contact Information

Client Legal Name Client Address Primary Contact (Client) Contractor Legal Name Contractor Address Primary Contact (Contractor)

Scope of Work

The Contractor shall perform the services described below. The parties acknowledge that the descriptions and deliverables provided here constitute core pre-contractual commitments for the definitive agreement.

Payment Terms

Total Estimated Fee: . Payment shall be made in accordance with the schedule below and upon receipt of compliant invoices.

Payment Schedule and Milestones

Payment Terms: Net days from invoice receipt. Late payments shall incur interest at the rate of % per month (or the maximum permitted by law) compounded monthly, together with all costs of collection.

Pre-Contractual Disclosures

The Contractor discloses the following material matters relevant to the parties' negotiation and contracting decisions. Each disclosure below must be completed accurately.

Conflicts of Interest

Does the Contractor have any existing or potential conflicts of interest that could affect performance? Yes No

If Yes, provide details Insurance Coverage

Does the Contractor maintain professional or general liability insurance adequate for the work? Yes No

If Yes, list coverages and limits Subcontracting and Assignment

Will any portion of the work be subcontracted? Yes No

If Yes, describe scope and subcontractor identities

Term and Termination

Proposed Contract Start Date: . Proposed Contract End Date (or project completion): .

Early Termination: Either party may terminate the definitive agreement for material breach if the breaching party fails to cure within days after written notice. For convenience termination, notice period: days.

Confidentiality

The parties acknowledge that certain information exchanged in connection with the negotiation and performance of services will be Confidential Information. Confidential Information shall mean non-public technical, financial, business or other information reasonably designated as confidential or which, by its nature, should be treated as confidential.

Confidentiality Duration: Confidential obligations survive for years following the later of contract termination or disclosure. Exceptions include information which is publicly known, rightfully received from a third party, independently developed, or required to be disclosed by law (subject to prompt notice to the other party).

Governing Law; Entire Agreement

Governing Law: The parties intend that any definitive contract will be governed by the laws of the jurisdiction of Governing State: , without regard to conflict of law principles.

Entire Agreement: This Pre-Contractual Information Form constitutes the parties' written record of material pre-contractual disclosures and understandings. Except to the extent the parties execute a definitive agreement, this Form does not create a binding services contract but does represent the parties' good faith disclosures and commitments as indicated herein.

Acknowledgment and Certification

The undersigned representative certifies that the information provided in this Pre-Contractual Information Form is true, accurate, and complete to the best of their knowledge, and that they are authorized to provide the disclosures herein on behalf of the named party.

I certify: I hereby certify that the information provided is complete and accurate.

Client

Party Printed Name:

By (Signature):

Date:

Contractor

Party Printed Name:

By (Signature):

Date:

What the Pre-Contractual Information Form Is

The Pre-Contractual Information Form is a document used to disclose material terms and facts to prospective contracting parties before a binding agreement is executed. It summarizes party identities, scope of work or goods, price and payment schedule, delivery or performance timelines, termination and renewal conditions, confidentiality provisions, and exhibits such as scopes of work. In U.S. transactions the form can be presented electronically and paired with an e-signature, subject to ESIGN (15 U.S.C. ch. 96) and state UETA rules; limited exceptions may apply for testamentary or certain court-ordered filings. Accurate disclosure reduces later disputes and supports compliance.

Why a Clear Pre-Contractual Form Matters

A clear Pre-Contractual Information Form aligns expectations, creates an audit trail, and documents informed consent ahead of contract signing. It helps mitigate dispute risk, speeds internal approvals, and supports consumer-disclosure obligations under ESIGN for certain consumer-facing arrangements.

Who Typically Prepares and Signs This Form

Organizations and individuals who negotiate contractual terms use this form to record key deal points before signature.

Real estate brokers and property managers preparing lease terms and disclosures for tenants and buyers.
Procurement and vendor management teams documenting scope, deliverables, milestones, and pricing for suppliers.
Healthcare providers and payers capturing service scope and billing terms while observing HIPAA disclosure and consent rules.

Use is common when regulatory oversight, third-party financing, or consumer protections make pre-signature disclosure important.

Essential Sections to Include in a Professional Form

A well-structured Pre-Contractual Information Form organizes key data so parties can quickly confirm material terms and responsibilities before signing.

Parties

Full legal names and contact details for each contracting party; identify the legal entity type and any affiliated signatories to avoid ambiguities about who binds the organization.

Scope

Clear description of goods or services, deliverables, milestones, and performance standards; reference any attached exhibits or technical specifications that form part of the agreement.

Price & Payment

Itemize amounts, payment schedule, invoicing requirements, and late-payment remedies; state currency and whether taxes are included or separate.

Timing

Estimated start and completion dates, key milestones, and any time-based dependencies that affect scope or payment triggers.

Risk & Remedies

Limitations of liability, warranty period, indemnities, and termination rights so parties understand consequences of breach before executing a full contract.

Signatory Authority

Specify who may sign on behalf of each party, whether a notary or witness is required, and include signature blocks with printed names and dates.

Step-by-Step: Completing the Form

Follow a consistent sequence so reviewers can validate essential terms before routing for signature.

01

Identify Parties: Enter full legal names, addresses, and contact emails for all parties.
02

Describe Scope: Summarize services or goods, attach detailed exhibits where needed.
03

Set Payments: Specify amounts, schedule, invoicing, and tax responsibilities.
04

Authorize Signatures: Confirm signer authority, add dates, and apply any required notarization.

Typical Submission and Approval Flow

A standard workflow moves the form from drafter to approver to signer, capturing consent and an audit trail at each stage.

Draft: Create the form, include exhibits, and set required fields.
Review: Internal stakeholders verify terms and compliance obligations.
Sign: Apply e-signatures or in-person signatures as configured.
Archive: Store the executed PDF with an audit log for retrieval.

Configuring an Online Workflow

When you move the form online, set field behaviors, signer order, and authentication to mirror your legal and operational needs.

Field	Configuration
Signer Order	Sequential \| Attach roles and routing
Authentication	Email link or SMS code \| Optional KBA for higher assurance
Conditional Fields	Show or hide based on earlier answers
Retention	Save executed PDF and audit trail for recordkeeping

Technical and Integration Considerations

Integrations and format support reduce manual steps. Confirm export to long-term storage and whether the vendor offers audit trails and access controls appropriate to your compliance needs.

File Formats: PDF, DOCX, and HTML supported
Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
Authentication: Email, SMS, KBA, and SSO options

eSignature Options and Starting Pricing Overview

Compare common eSignature providers on starting price and core capabilities relevant to processing Pre-Contractual Information Forms.

	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	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common Preparation Errors to Avoid

Incomplete party names or incorrect legal entities lead to enforceability or verification delays and may require amendment or re-signature.
Vague scope descriptions that omit measurable deliverables or milestones create disagreement about performance and can trigger claims.
Missing or inconsistent payment terms cause invoicing disputes, late payments, and potential interest or collection expenses.
Failing to include required consumer disclosures under ESIGN for consumer-facing transactions can invalidate electronic consent and require paper alternatives.

Security and Compliance Controls to Include

Encryption (Transit): TLS 1.2/1.3

Encryption (Rest): AES-256 storage

Audit Trail: Timestamps, IP, signer actions

Certifications: SOC 2 Type II; ISO 27001

Regulatory Coverage: ESIGN, UETA, HIPAA (BAA)

Accessibility: WCAG 2.0 Level AA

Key Legal Risks and Potential Consequences

Breach of Disclosure: Contract rescission risk

Misrepresentation: Damages or indemnity exposure

Missing Signatures: Enforceability challenges

Wrong Signer: Voidable obligations risk

Noncompliance: Regulatory fines or enforcement

Data Exposure: Privacy liability and remediation costs

Frequently Asked Questions

Answers to common legal and practical questions about preparing, signing, and storing the Pre-Contractual Information Form.

Need help? Contact support

Is the form legally binding?
Yes. An electronically executed Pre-Contractual Information Form can be legally binding when it meets ESIGN requirements: intent to sign, consent to electronic transactions, attribution to the signer, and the ability to retain and reproduce the record (15 U.S.C. §7001). State UETA law may govern intrastate transactions.
Can the form be signed electronically?
Yes. Electronic signatures are acceptable under ESIGN and UETA for most commercial contracts. Exceptions include certain testamentary documents, some court filings, and other statutorily excluded categories per federal and state rules.
What if information is incorrect?
If material facts are incorrect, parties should amend the form and re-execute it. Incorrect or omitted terms may expose a party to rescission, damages, or renegotiation; document amendments should follow the same execution and retention standards.
Is notarization required?
Not generally for a Pre-Contractual Information Form unless state law or the underlying transaction requires notarization or witness signatures. For documents that do require notarization, follow state-specific RON or in-person notary rules.
How long must I keep the form?
Retention depends on the transaction and regulation: follow IRS guidance (IRC §6501(a)), industry rules such as HIPAA (45 CFR §164.530(j)), and any longer state or contractual retention obligations.
How do I update after signature?
Use an amendment or addendum signed by all parties. Do not edit an executed form in place; maintain the original executed copy plus the executed amendment for an auditable record.

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