Can this agreement be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and record retention are satisfied.

Is notarization required for validity?

Not typically required for a public adjuster engagement, but state or insurer rules may require notarization for specific authorizations; confirm local notary rules before relying on a non-notarized signature.

What if an insurer disputes the adjuster fee?

Fee disputes may be resolved via contractual dispute-resolution clauses or state regulatory complaint processes; retain documentation that demonstrates the basis for fee calculations and authorizations.

How do I revoke or cancel the agreement?

Follow termination language in the agreement, provide required notice in writing, and document any authorization revocation; consult contract terms for post-termination accounting and fee obligations.

How long should I keep signed agreements?

Retain signed agreements and claim records for at least three years after closure; for healthcare-related materials retain six years per 45 CFR §164.530(j) and follow IRS record rules where applicable.

Who is authorized to sign on behalf of an entity?

Only persons with legal authority (owner, corporate officer, or a properly executed power of attorney) should sign on behalf of another entity; verify corporate authorization and record it in the agreement.

Electronic Signature
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Legal
Public Adjuster Services Agreement

Public Adjuster Services Agreement

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Public Adjuster Services Agreement

This Public Adjuster Services Agreement (the Agreement) is entered into as of by and between Client Name: and Public Adjuster: .

RECITALS

WHEREAS, Client is the owner or insured of certain property located at (the Property), and has asserted or intends to assert an insurance claim arising from loss or damage to the Property; and

WHEREAS, Public Adjuster is duly licensed and experienced in the preparation, presentation and negotiation of insurance claims on behalf of property owners and insureds and represents to Client that Public Adjuster will perform services in accordance with applicable licensing and professional standards; and

WHEREAS, Client desires to retain Public Adjuster and Public Adjuster desires to be retained on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. ENGAGEMENT

Client hereby engages Public Adjuster to act as Client's exclusive representative with respect to the insurance claim identified as Claim Number: submitted to Insurer: , for the loss described above, and Public Adjuster accepts such engagement subject to the terms of this Agreement.

2. SCOPE OF SERVICES

Public Adjuster shall provide consulting and adjusting services reasonably necessary to prepare, document, present and prosecute Client's insurance claim, including but not limited to:

Public Adjuster's services shall include inspection of the Property, preparation of an itemized estimate of damages, coordination of any necessary consultants, submission of supporting documentation to the Insurer, attendance at claim examinations and appraisals, participation in settlement negotiations, and other customary steps to maximize the amount recoverable under the applicable insurance policy.

3. AUTHORITY OF PUBLIC ADJUSTER

Client grants Public Adjuster authority to: (a) communicate and negotiate with Insurer and Insurer representatives; (b) obtain claim file information; (c) sign routine claim-related documents on Client's behalf that do not bind Client to settlement terms without Client's prior written consent; and (d) take any actions reasonably necessary to advance the claim. Public Adjuster shall not compromise or settle the claim without Client's express written approval.

4. FEES AND EXPENSES

As compensation for services rendered hereunder, Client agrees to pay Public Adjuster a contingency fee equal to of the gross recovery actually collected by or on behalf of Client from the Insurer (the Fee). The Fee shall be calculated prior to deduction of costs or expenses.

Client shall be responsible for reasonable out-of-pocket expenses incurred by Public Adjuster in performance of the services, including but not limited to photographic, consulting, expert, appraisal, travel and document reproduction costs, provided that expenses in excess of shall be pre-approved by Client in writing.

5. PAYMENT; LIENS; ASSIGNMENT

The Fee shall become due and payable from the proceeds of any settlement, award or recovery. Client authorizes Public Adjuster to deduct the Fee and reimbursement of approved expenses from settlement proceeds prior to distribution to Client. Client agrees not to settle or otherwise dispose of the claim without providing Public Adjuster five business days' prior written notice if such settlement would affect Public Adjuster's right to its Fee.

To secure payment of the Fee, Public Adjuster may assert and record a statutory or contractual lien against proceeds of the claim to the extent permitted by applicable law.

6. CLIENT OBLIGATIONS

Client shall (a) provide truthful and complete information concerning the loss and the insurance policy; (b) provide Public Adjuster with access to the Property and relevant records; (c) cooperate reasonably with Public Adjuster and any consultants; and (d) not knowingly misrepresent facts to Insurer or Public Adjuster. Failure to cooperate shall be a material breach of this Agreement.

7. TERM AND TERMINATION

This Agreement commences on the Effective Date and continues until final resolution of the claim or earlier termination. Either party may terminate this Agreement upon ten (10) days' written notice to the other party for material breach. Termination shall not affect Public Adjuster's right to its Fee on recoveries obtained after termination that result directly from services performed prior to termination.

8. CONFIDENTIALITY

Except as required to pursue the claim or by law, each party shall maintain the confidentiality of non-public information obtained from the other party. Public Adjuster may share necessary claim information with consultants and experts engaged to assist with the claim, provided such persons are bound to maintain confidentiality.

9. LICENSES; CONFLICTS

Public Adjuster represents that it holds all licenses and permits required to perform the services in the jurisdiction where the Property is located. Public Adjuster shall disclose to Client any material conflicts of interest known to Public Adjuster. Client acknowledges that Public Adjuster may represent other clients with similar claims so long as no confidential information of Client is used or disclosed.

10. INDEMNIFICATION; LIMITATION OF LIABILITY

Client shall indemnify and hold Public Adjuster harmless from and against any third-party claims arising from Client's false statements, omitted information or intentional misconduct. Public Adjuster shall perform services with reasonable care; however, Public Adjuster shall not be liable for failure to obtain a recovery or for consequential damages. To the extent permitted by law, Public Adjuster's total liability for claims arising under this Agreement shall be limited to the amount of Fees paid to Public Adjuster under this Agreement.

11. NOTICES

Notices to Client

Notices to Public Adjuster

All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, overnight courier, or certified mail to the addresses listed above, and shall be effective upon receipt.

12. AMENDMENTS

This Agreement may be amended only by a written instrument signed by both parties. No oral modification shall be effective.

13. WAIVER

The waiver by either party of a breach of any provision of this Agreement shall not operate as a waiver of any other breach. A waiver must be in writing to be effective.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

15. SEVERABILITY

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

16. GOVERNING LAW

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.

17. DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve any dispute arising under this Agreement by negotiation between senior representatives. If the dispute is not resolved within thirty (30) days, the parties agree to submit the dispute to binding arbitration before a single arbitrator in the county in which the Property is located, pursuant to the then-applicable arbitration rules. The arbitrator shall have authority to award costs and reasonable attorneys' fees to the prevailing party.

18. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means that reproduce the signer's handwritten signature shall be binding.

ADDITIONAL PROVISIONS

License Number (Public Adjuster):

Emergency Contact for Client: | Phone:

Client:

Printed Name:

By:

Date:

Public Adjuster:

Printed Name:

By:

Date:

What the Public Adjuster Services Agreement Covers

A Public Adjuster Services Agreement is a written contract that sets out the scope, responsibilities, and compensation arrangement between a property owner and a licensed public adjuster who will prepare, present, and negotiate an insurance claim on the owner’s behalf. The agreement typically defines the claim scope, fee structure (percentage, flat fee, or contingency), document and evidence responsibilities, timeline for actions, dispute resolution, and termination rights. It creates a clear record of authority and expectations so both parties understand obligations and how proceeds and costs will be allocated during claims handling.

Why a Written Agreement Matters

A clear written agreement protects both the property owner and the public adjuster by documenting authority, compensation, scope, and timelines.

Typical Parties and Stakeholders

The agreement is used by property owners, licensed public adjusters, and often by legal or insurance representatives who oversee claim strategy.

Property owners: homeowners, commercial property owners, condominium associations needing claim advocacy.
Public adjusters: state-licensed professionals retained to document, value, and negotiate claims.
Insurers and legal counsel: receive notices and may interact during appraisal or dispute resolution.

Each party should confirm licensing, authority to act, and any state-specific restrictions before signing to ensure compliance and validity.

Step-by-Step: How to Complete and Sign the Agreement

Follow these core steps in order to create a complete, enforceable engagement and minimize follow-up corrections.

01

Prepare the form: Populate owner, adjuster, property, and policy fields accurately.
02

Confirm license: Verify adjuster license number and state registration before signing.
03

Agree fees: Confirm fee calculation, expense handling, and payment timing.
04

Sign and retain: Execute signatures and distribute signed copies to all parties.

Core Clauses to Include in a Professional Agreement

Include these clauses to define expectations, manage risk, and support enforceability across jurisdictions and claim types.

Scope of Representation

Precisely describe services provided, including inspections, estimate preparation, documentation, negotiation with insurer, and any excluded services to avoid scope creep.

Compensation and Expenses

Specify fee structure (percentage, flat fee, or hourly), timing of payment, expense reimbursement process, and how recoveries are allocated before and after fees.

Authority and Access

Grant the adjuster explicit authority to obtain policy information, inspect property, communicate with insurer, and sign releases on the owner's behalf as limited by state law.

Conflicts and Representations

Require disclosure of conflicts of interest, confirm ownership and authority to retain the adjuster, and state that representations are truthful and accurate.

Termination and Remedies

Define termination for cause or convenience, notice periods, fee consequences on termination, and dispute resolution mechanisms such as arbitration or mediation.

Confidentiality and Records

Address handling of claim records, confidentiality of sensitive information, and retention responsibilities for documents and communications.

How the Engagement Typically Progresses

A typical workflow clarifies interactions between owner, adjuster, and insurer from intake to settlement and closure.

Intake and Authorization: Owner signs agreement and provides policy details and claim number.
Inspection and Documentation: Adjuster inspects property, documents damage, and compiles repair estimates.
Submission and Negotiation: Adjuster presents claim to insurer and negotiates settlement terms.
Settlement and Accounting: Disbursement of proceeds, fee calculation, and final accounting to owner.

Digital Workflow Settings for Online Completion

When completing online, configure these fields to ensure signatures, authentication, and record retention meet legal and practical needs.

Field	Configuration
Signature Type	Click-to-sign or drawn signature allowed
Authentication	Email verification; consider SMS or KBA for higher assurance
Audit Trail	Capture IP, timestamp, and action history
Document Retention	Store a tamper-evident PDF with metadata

Technical Considerations for eSigning and Storage

Ensure chosen eSignature tools support legal validity, secure storage, and required authentication.

File Formats: Use PDF/A or standard PDF for portability.
Authentication: Email plus optional SMS or KBA for signer verification.
Security: TLS and AES encryption for transport and storage.

Confirm the platform meets any industry compliance needs (for example HIPAA for medical records) and preserves a complete audit trail for enforceability.

Typical Timelines and Time-Sensitive Actions

Be aware of statutory and contractual deadlines that affect notice, claim filing, and challenge rights.

Prompt Notice:

Provide insurer notice as soon as practical to preserve coverage rights.

Inspection Window:

Allow adjuster reasonable access; insurer may set inspection scheduling rules.

Statute of Limitations:

Litigation deadlines vary by state; verify governing state law promptly.

Fee Accounting:

Specify when fees are due relative to settlement or recovery.

Record Retention:

Retain claim records for the agreed retention period and regulatory minimums.

Common Preparation Errors to Avoid

Using incomplete policy numbers or wrong property address delays claim processing.
Vague fee language leaves parties disputing percentage base or reimbursable expenses.
Failing to confirm adjuster licensing in the property state risks invalid engagements.
Omitting termination or dispute-resolution terms can increase litigation exposure and expenses.

Key Risks and Legal Consequences

Regulatory Penalties: State fines for unlicensed adjuster activity.

Fee Disputes: Potential recovery clawbacks and litigation costs.

Coverage Loss: Late notice may jeopardize policy coverage.

Invalid Authority: Incorrect signatures can void adjuster authority.

Privacy Breach: Improper handling of PHI may trigger HIPAA liability.

Tax Reporting: Failure to report payments may create IRS penalties.

eSignature Pricing and Feature Snapshot

Compare common pricing and capabilities for executing and maintaining Public Adjuster Services Agreements; signNow is listed first for 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	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Execution and Validity

Answers to common legal, procedural, and technical questions about signing and enforcing a Public Adjuster Services Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and record retention are satisfied.
Is notarization required for validity?
Not typically required for a public adjuster engagement, but state or insurer rules may require notarization for specific authorizations; confirm local notary rules before relying on a non-notarized signature.
What if an insurer disputes the adjuster fee?
Fee disputes may be resolved via contractual dispute-resolution clauses or state regulatory complaint processes; retain documentation that demonstrates the basis for fee calculations and authorizations.
How do I revoke or cancel the agreement?
Follow termination language in the agreement, provide required notice in writing, and document any authorization revocation; consult contract terms for post-termination accounting and fee obligations.
How long should I keep signed agreements?
Retain signed agreements and claim records for at least three years after closure; for healthcare-related materials retain six years per 45 CFR §164.530(j) and follow IRS record rules where applicable.
Who is authorized to sign on behalf of an entity?
Only persons with legal authority (owner, corporate officer, or a properly executed power of attorney) should sign on behalf of another entity; verify corporate authorization and record it in the agreement.

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