How to Sign an Agreement

02

You are indicating your agreement

to the terms and conditions

contained within the document and

demonstrating your intention to be

legally bound.

By Signing or "Executing" a Contract

03

Because you will be legally responsible to fulfil all the obligations of the contract.

This includes any provisions you might not understand.

It is extremely difficult to “get out” of a contract and “not reading the fine print” is an invalid reason.

Read the Contract before you sign it

If you don’t understand the agreement and the effect it will have, seek advice from a lawyer, accountant or other suitable person.

You can also negotiate terms with the other party if you are not happy with the contract.

04

Seek help if you need it

It's common practice (but not a legal requirement) for the parties to initial each page of the agreement.

Doing so....

• indicates your agreement to the provisions on each page and

• makes it more difficult for the contract to be tampered with by replacing the pages.

05

Initial each page

06

Usually appears at the end of the contract.

The SigningPage

The formal signing page or signature panel contains a space for your signature. Sign clearly.

You may also need to complete your full name, address and other details.

Insert the specific names, dates, titles, etc. in the right spaces in clear and legible writing.

07

Use clear and legible writing

How you sign an agreement depends on your legal status – Individual or Company?

In Australia, Section 127 of the Corporations Act sets out the guidelines for how a company can validly execute a contract.

The sample provides an example of both.

See our article How to Sign an Agreement for more information on company guidelines.

08

Company or Individual?

An agreement can be signed separately if both parties are not present in the one location.

The first party should sign the contract and then post it to the other party.

All parties should receive copies of the signed contract. One party would retain the original.

09

Signing in separate locations

Signing in counterpart means that two or more identical copies of the agreement are signed.

Each of the signed agreements are taken to be an original and are valid and binding on the signatory. The counterparts together constitute the same agreement.

It is important that you retain a copy of your own signed agreement and be provided with the original of the identical agreement signed by each of the other parties.

The agreement should contain a counterparts clause.

10

Signing in Counterpart

11

Sample Counterpart Clause

Use a high quality witness for your contract.

Some contracts like a Will stipulate who can or can't be a witness.

The witness does not need to read or understand the contract, they only need to verify that the person signing the agreement is who they say they are.

12

Witnessing the contract

• A Justice of the Peace

• A Solicitor

• A Notary Public

• The Duty Officer in charge of a Police Station

• A Court officer.

13

High quality witnesses

After signing the contract - all the parties should have either an original or full copy of the original.

Keep the contract in a safe place.

You may also want to give a copy to your lawyer or other trusted person for safekeeping.

Want more? See our article How to Sign an Agreement.

14

Storing the contract

We consider it our job to de-mystify the law and legal contracts.

We firmly believe that there are many times in life where you can enjoy the protection

of a well written legal contract without spending a fortune in legal fees. Because of

this, our aim is to make it easy for you to solve common legal issues that crop up in

life.

We have been at the forefront of a movement to make legal services more affordable

for average Australians by providing tools and back up support that empower people

to take control of their own legal matters.

Knowledge is power and even more so when it comes to legal matters.

15

About Us

16

DiY Legal Kits by RP Emery and Associates – Solid Legal Protection without the Expense

Go to www.rpemery.com.au or Call us on Freecall 1800 608 088

Need more information?