Should I have my release of liability form signed online or on paper?
Changing from having your release of liability signed on paper to an online version is no small change. It does require some formatting changes and the ability to make sure that the releasee can sign online. That said, there is a tremendous amount of benefit to having participants sign online. When you decide to switch to WaiverSign, we’ll convert your paper waiver into a digital format for you - it’s all included in our digital waiver pricing.
Do online release of liability waivers and electronic signatures hold up in court?
Electronic signatures, also known as e-signatures or eSign, are a technology that has evolved in recent years and is recognized as a legal signature in the United States. Other countries are also following suit, finding e-signatures to be just as valid as paper and ink.
Read more about electronic signatures on waivers and laws that make this possible
What is the cost of using an online release of liability vs. a paper release?
At the end of the day, the bottom line means everything to your business. That's why it's important to consider how much documentation you rely on before making the switch from paper to online. You should take into consideration the number of releases that you need to be signed, the way in which they are presented, and how the releases are then collected and organized. The method of storage actually can end up being more of an expense than the forms themselves. An online release of liability form often saves you money on both printing and storage, while also sparing you from other issues with legal documents.
Do participants read an online release of liability form as closely as paper?
Although people often breeze through various online terms and conditions, WaiverSign has created a process that ensures the entire liability waiver or agreement is viewed by a potential releasee before they apply their electronic signature. WaiverSign also sends an email of the signed document to the email address of whoever signs a document, so that they are given the opportunity to review the documents at their own convenience.
Read How To Do Electronic Waivers Right
What forms of electronic signatures are considered legally binding?
The statute stated that a “signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.15 U.S.C. § 7001 (a) (1) & (2)
An e-signature is defined by this same statute as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record” was also addressed. 15 U.S.C. § 7006 (5)
That means whether you have a signer's John Hancock, a swiper of their finger, or simply a box checked off online, you have confirmation that the signee has agreed to accept the terms of the waiver in full. The client is, in effect, signing a binding contract. Whether you're having a tenant sign a new lease for their apartment or transferring a vehicle record over for DMV purposes, this is considered sufficient enough to meet legal standards.
Read 5 points about the validity of electronic signatures.
Are insurance companies happy with the digital liability waiver process?
From banking to real estate transactions, more and more industries rely on, and indeed prefer, the electronic approach to serving up documents, and receiving signatures. That said, we recommend that you confirm with your own insurance carrier that they accept electronic liability waiver forms with electronic signatures.
How can we be sure that each waiver form is individually signed?
As with paper liability forms, there is no guarantee that each individual signed their own release of liability. However, the WaiverSign process provides many features not available with paper documents. WaiverSign records the signer’s IP address, along with a timestamp confirming when the liability form was signed. This information is a feature of the document’s audit trail, allowing for an accurate source to confirm the signing took place and with an understanding of the legal document. WaiverSign also requests information from each person who submits a signature, including name, address, date of birth, email address, and other unique identifiers based on circumstances.
Much of this information is checked for accuracy and completeness when it’s entered in the online form. With paper forms, signers can simply have anybody sign for them. The steps taken by WaiverSign are more robust than when someone simply turns in a paper waiver form that could have been signed by someone else. Assess the current process by which you handle paper waivers. This will let you know the best steps to take to cover your bases legally while making sure that the documents are being signed by the appropriate parties. As a releasor, it's important to have knowledge of the releasee signing or that of third-party vendors whose signatures may be required. The goal is to avoid any loose ends that can leave your business susceptible to a negligence lawsuit.
Is my participant information secure online?
WaiverSign takes the privacy and security of its customers’ information very seriously. Our protocols adhere to national and international security standards that are designed to protect customer data. In the event of any data breach, WaiverSign will respond quickly and promptly notify customers that their information may be at risk.
Is an online release of liability document valid in my state or province?
While there are statutes in place at the federal level to identify online signatures, there is still some deviation in legislation when it comes to lower levels. Each state or province may have different laws regarding the use and process for using online forms. This is something to discuss with a licensed legal professional to make sure that the use of this site will help avoid any discrepancies regarding a waiver form.
Should waivers be filled out in advance?
Legal opinions on this may vary, so be sure to check with your legal counsel about your particular service. Oftentimes, the thought is that providing the link in advance gives signees ample time to understand the risks prior to any time they may invest in traveling to your location or the possibility that they may be rushed in filling out documents.