Per Blackbaud, electronic signing of contract may not be what you think it is

Bruce Kariya

We try to have people electronically sign their Blackbaud Enrollment Management (BBEM) enrollment contracts to make the process easier for integrating with Tuition Management. We have a physical signature on very few contracts where the family had difficulties signing from within their Blackbaud online portal. I imagine that we are very much in line with most schools using BBEM.

Blackbaud has been notified by one of our family's banks that the family is disputing the deposit payment that was made as a part of their BBEM enrollment contract. Blackbaud then asked me to provide a copy of a contract with a signature on it, so I sent them the copy of the contract with the electronic signature. Here is how Blackbaud is responding to the notion of the Blackbaud electronic signature being a legally binding signature:

So we, and perhaps you, will now have to evaluate whether or not we can continue to use BBEM to process our enrollment contracts if the contracts that are executed do not even meet Blackbaud's standard for a legally enforceable contract.

Bruce Kariya, Controller

Rolling Hills Prep School

Julie Winkeler

@Bruce Kariya
Hi Bruce,

I'm not sure if this will help you or not, but our school has our Headmasters signature added to each contract that comes through. Meaning, when a parent selects their payment plan, pays their deposit and signs the contract, when we process it on our side our Headmasters signature is then applied so both the school and parent have signed the contract. Thanks, Julie

Bruce Kariya

@Julie Winkeler
Julie, thank you for this response. What you are describing is not something that we currently do, but will have to consider adding to our process.

Unfortunately, that does not address the problem I currently face of Blackbaud requiring me to provide them a contract with a physical signature on it to satisfy their needs. We have relied on Blackbaud's electronic signature process to be sufficient, but that seems to be ill-advised.

Troy Burki

@Bruce Kariya we use non-integrated contracts so I don't know many specifics regarding BBTM-integrated contracts but is it possible there are two separate things: the contract and some kind of BBTM agreement that parents complete when setting up their accounts? From the support response you included, it seemed like the person was referencing a BBTM sign-up agreement and not an enrollment contract. I could certainly be wrong but if that person is actually referring to a Blackbaud enrollment contract not being considered a valid contract by Blackbaud, that's insane.

Julie Winkeler

@Bruce Kariya
Hi Bruce,

You are very welcome. Oh sorry, I misunderstood, I thought they were saying it was invalid due to not having a signature on the contract from your school.

Hum, that doesn't make sense because we thought by using the integrated contract that flows into SMART (old name) that it was considered a valid and legal contract. We use language in ours that make it seem like it should be considered a legal and binding contract. I will have to ask my consultant when we talk this Friday. Sorry, wish I could help. Thanks, Julie

Shannon Krise

@Troy Burki There is a BBTM agreement that is included within the integrated contract which is pretty much as the email response described, so it sounded to me also like it was that agreement that he was referencing. The obligations outlined in the contract would depend upon the specific policy language added by the school rather than the BBTM agreement. If @Bruce Kariya gave them a copy of a full contract though, I'm not sure what else they would be looking for.

The lawyers reviewing our contracts were confident that the electronic signature was legally binding as long as parents had to log in to an individual, password protected account in order to sign. They did insist on a school signature for a fully executed contract though.

Amie Hollis

@Bruce Kariya

Hi Bruce,

We apologize for the incorrect information that was provided to you in Jon T's reply. The term “BBTM contract” was used, not realizing that you were referencing the school’s enrollment contract. An electronic signature on the school’s enrollment contract is just as valid as a written signature. Please let us know if you have any additional questions. Thank you!

Amie Hollis
Blackbaud Manager, Service Delivery

Laura K Mears

@Amie Hollis What is the difference between BBTM and the school's enrollment contract? Aren't they one in the same?? The Enrollment Management contract is completed by a family, electronically signed, and then moves to Tuition Management. Can you clarify? Thank you!!

Amie Hollis

@Laura K Mears

Hi Laura,

Jon T. was referring to the Blackbaud Terms & Conditions that families agree to when they enroll via our website at enroll.blackbaud.school. That is completely separate from the contracts process where families sign the school's enrollment contract from Education Management. We apologize for the confusion this has caused. Please let me know if you have any additional questions. Thank you!

Amie Hollis
Blackbaud Manager, Service Delivery

Laura K Mears

@Amie Hollis Thank you for this clarification. Much appreciated, Laura