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---- Are faxed contracts legally binding?


digitalghost - 6:28 am on Mar 6, 2002 (gmt 0)


I fax the contract, accept the signature and the faxback and go to work. Then I Fed-Ex the hard copy, and have it Fed-Exed back.

My lawyer seems to think that faxed contracts are binding, but appreciates the hard copy. The thing is, is if two lawyers are in the same room, you will get two different answers. They make their living litigating, not accepting terms like "legal" and "binding."

What has been happening most often is that I outline the work for hire and theirlegal team formulates the contract. They usually fax it first, accept signatures then Fed-Ex hard copies back to me. If 3 days pass and there are no hard copies lawyers get nervous.

If there is an element of distrust involved, you should probably look elsewhere for clients.

NDAs and Exclusivity agreements are treated much the same way. Faxed copies seem to work as expedient "working" agreements, but lawyers like hard copies. If I sign electrically, I use PGP, on the advice of a lawyer.

DG


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