Adding Brain to Your Brawn, One Update at a Time

Your go-to gym management software just got better.

We’ve improved our digital waivers and contracts to comply with the latest ESIGN and UETA Acts. They’re just like the old waivers but with an added disclosure and digital consent checkbox.

What are the UETA and ESIGN Acts, you ask?

These fantastic government policies were specifically written to ensure that all electronic documents and signatures achieve the same legal standing as their physical counterparts. This protects your business from potential legal dispute; however, in order to be covered by the policy, all digital documents must comply with the proper policy requirements.

Requirement #1: Intent to sign.

Like traditional “pen and paper” signatures, electronic signatures are only considered valid if each party intended to sign. Wodify’s electronic waivers and contracts fulfill this requirement in the same way a pen and paper signature does by promoting our clients to electronically sign the document with their trackpad or mouse.

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Requirement #2: Proper record retention and access.

U.S law requires that all e-signatures and transactions be capable of retention and accurate reproduction by all parties. To satisfy this condition, Wodify files a digital copy of the signed waiver and contract under the athlete’s profile, giving both athletes and admins easy access to authentic copies of the signed document that can be pulled at will.

Requirement #3: Association of signature with the record.

The ESIGN Act and UETA require that the mode for capturing signatures on the electronic document must save a corresponding record that is able to show the process by which the signature was created; in other words, you need to prove that the athlete used that exact signature on that exact document. By viewing, printing, or downloading the document, both you and your client can view the signature at any time, and verify that it is, indeed, unique to its associated document.

Requirement #4: Consent to do business electronically.

All parties involved must consent to do business electronically before a digital waiver or contract can be considered legally binding. Digital records may only be used in transactions when the client has:

  1. Received UETA Consumer Consent Disclosures
  2. Positively consented to use electronic records for the transaction
  3. Not withdrawn such consent

Our waivers and contracts meet all three conditions by providing the UETA Consumer Consent Disclosure and requiring that clients digitally check a box consenting to electronic signature before the document is signed and filed.

We make it our mission to keep you and your clients in the gym and out of the courtroom, so we’ve taken every possible measure to ensure our waivers fully comply with all four ESIGN and UETA policy requirements. In order to use our improved digital waiver, please follow this quick and easy guide to get started.

Ready to put what you’ve learned into practice?
Download a free PDF handbook with many of NCFIT’s gym management procedures and philosophies that you can implement in your gym today.
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