ESIGN Act Compliance

Overview

The federal ESIGN Act (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001) gives electronic signatures the same legal standing as handwritten ones -- as long as certain requirements are met. ArrivHQ's Tier 2 e-signature flow is designed to satisfy these requirements so your rental agreements, liability waivers, and other documents hold up if challenged.

This article explains what the law requires, what ArrivHQ captures, and how the system protects your agreements.

How it works

What the ESIGN Act requires

For an electronic signature to be legally valid under the ESIGN Act, the signing process must:

1. Demonstrate intent to sign -- The signer must clearly intend to sign the document, not just view it.
2. Provide consent to electronic transactions -- The signer must affirmatively consent to conducting the transaction electronically.
3. Associate the signature with the record -- The electronic signature must be linked to the specific document signed.
4. Retain the record -- The signed record must be accurately preserved and accessible for later reference.

How ArrivHQ satisfies each requirement

Intent to sign:

• Tier 2 uses a multi-phase wizard -- guests cannot accidentally sign. They must:
  • Accept the ESIGN disclosure.
  • Scroll through and initial each section.
  • Type their full legal name.
  • Click Sign and Agree.
• Tier 1 requires a scroll-to-bottom gate, a consent checkbox, and a typed name.

Consent to electronic transactions:

• Tier 2 presents a dedicated ESIGN Act disclosure screen before the agreement. The disclosure explains:
  • That the transaction will be conducted electronically.
  • That the electronic record constitutes a legal signature.
  • The right to receive a paper copy and how to request one.
  • The right to withdraw consent.
  • System requirements for accessing electronic records.
• The guest must check "I consent to conduct this transaction electronically" before proceeding.

Association with the record:

• Every signed record is linked to a specific agreement version via template_version_id.
• The SHA-256 content hash ties the signature to the exact text the guest saw.
• Section initials store content snapshots -- the exact text for each initialed section.

Record retention:

• Signed records are stored indefinitely and cannot be deleted or modified.
• Locked PDFs (Tier 2) include a watermark, content hash, and full signing metadata.
• All signing events are logged to an append-only audit trail.

Audit trail

ArrivHQ logs every material event during the signing process:

• ESIGN disclosure presented and accepted.
• Document presented to the guest.
• Consent checkbox checked.
• Each section initialed (with content snapshot).
• Full name typed.
• Document signed (acceptance record created).
• Locked PDF generated and stored.
• Confirmation email sent.

These events are timestamped, tied to the signer's IP address and user agent, and stored in an append-only log. No entries can be modified or deleted.

What makes a signed record defensible

If a guest disputes that they signed an agreement, your ArrivHQ records provide:

UETA compliance

Most states have adopted the Uniform Electronic Transactions Act (UETA), which provides similar protections at the state level. ArrivHQ's signing flow satisfies UETA requirements because UETA and the ESIGN Act share the same core principles -- intent, consent, association, and retention.

Limits & requirements

• ESIGN Act disclosure is automatically required for Tier 2 document types classified as consumer transactions (rental agreements, liability waivers, damage responsibility, fee authorizations, rental addendums).
• Tier 1 document types (house rules, parking rules, checkout instructions, pet policy, damage policy) do not require ESIGN disclosure.
• The ESIGN disclosure text is managed by ArrivHQ and cannot be edited by hosts. This ensures the disclosure remains legally accurate.
• Signed records cannot be deleted, even by account administrators.
• ArrivHQ does not provide legal advice. Consult an attorney for questions about specific agreements or state-specific requirements.

FAQ

Is ArrivHQ's e-signature system a substitute for DocuSign or HelloSign?

For typical STR host agreements -- rental agreements, waivers, house rules -- yes. ArrivHQ's Tier 2 flow captures the same legally required metadata (intent, consent, record retention, content integrity) that enterprise e-signature platforms provide. The system is purpose-built for the STR use case.

Do I need to worry about state-specific laws?

The ESIGN Act is a federal law that applies nationwide. Most states also have UETA, which aligns with the same requirements. ArrivHQ's signing flow is designed to satisfy both. If your state has unique requirements, consult a local attorney.

What if a guest says they did not understand what they signed?

The scroll-to-bottom gate, section-by-section initials, and typed name create multiple evidence points that the guest engaged with the content. The ESIGN disclosure explicitly states that the transaction is electronic and legally binding. These safeguards make it difficult for a signer to claim they did not understand the process.

Can I use ArrivHQ's e-signatures for non-rental documents?

Yes. The Custom document type lets you create agreements for any purpose. Custom types default to Tier 1 but can be escalated to Tier 2 if you need the full signing ceremony.

Does ArrivHQ store agreements forever?

Yes. Signed records and locked documents are stored indefinitely. There is no automatic purging or retention limit. This ensures you always have access to your signed agreements.