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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 16213
Experience:  Licensed Texas General Practice Attorney
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Hello. I run a scuba diving trips. As you may know, all divers

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Hello. I run a scuba diving trips. As you may know, all divers sign releases prior to their dives to release the operator from liability. I do have such a form properly created. Question: Can this form be faxed, or scanned and emailed, or must it be in original ink to be legally proper? Much thanks

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

An "electronic signature" is absolutely enforceable in Florida, and does not need to be in the original ink: Florida statutes 668.50(7) LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.—


(a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract.

(c) If a provision of law requires a record to be in writing, an electronic record satisfies such provision.

(d) If a provision of law requires a signature, an electronic signature satisfies such provision.
RGMacEsq :

Now it would be best to have an original signature, signed before the excursion, because at that point you could say that the person that signed it really was the person that engaged in the activity, and that the signature is authentic and original. But a faxed / emailed signature is certainly enforceable.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I do have my contracts signed and witnessed (of course by someone I don't know) as my trips are in the Caribbean and the divers are all over the country. So a faxed or e-maileded contract should suffice?

RGMacEsq :

Yes. The contracts will be based on the law of the state where the activities originate from (that is, if the trips leave from Florida, the contracts will almost certainly be based on Florida law) and so a faxed / emailed signature should suffice.

Customer:

Thank you so much. have a super day / weekend.

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