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| Does one click make this contract legally binding? |
Maybe you don't have to!
Disclaimer: I am not a lawyer and "The Dance Buzz" is not a law firm and does not provide legal advice. If legal advice is required, please seek the services of an attorney.
The signature is only as good as the contract.
First things first. If your contract on paper wouldn't hold up in court, then an electronic version won't either.Have your registration contract created or reviewed by a legal professional to make sure you are including the right language and terms.
Be sure to tell your legal professional what you want the contract to do: Cover liability? Create a tuition contract? Be very specific in your contract and make it air-tight. Once you have a good contract, then we can move online.
What exactly is the law?
If you operate in the United States, your electronic signatures will most likely be governed by the Uniform Electronics Transactions Act (UETA) and E-SIGN law. The UETA has been adopted by 47 states and Puerto Rico, so unless you live in New York, Washington or Illinois, it will cover you.
How does UETA protect me and my dance studio?
A large part of this act applies to electronic signatures, which how your customers "sign" your contract and policies when they register online.Two of the most important parts of UETA are Section 7, which gives electronic signatures as much legal value as a paper signature would, and Section 12, which eliminates the need to retain a paper copy of a registration form. This means that in court, e-signatures = paper signature and no more paper filing for us!
Anything else I should know?
Your must provide a way for your customer to print or save the contract or agreement from your website or else it will not be legally binding.
The UETA words it as making the information "available to all parties", which means there must be a way to print or save the contract at the time of signing online so that they can keep a copy of it if they wish (Section 8 or UETA).
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| No more chasing down parents to sign registration forms! Hooray! |
So bottom line, should I have parents sign a paper copy even though they signed up online?
Nope, an online signature is legally binding and a paper copy of the same contract would be redundant and unnecessary paperwork on your end.
Save yourself some time and effort trying to get all those parents to sign the registration forms!
At our studio, I make available a paper copy of our online contract and policies. I leave them out on the wall for people to take. I would say only about 10-20% of our customers will actually grab one to take home or read.
