Q: Is an email enough to modify the terms of a contract?
I am deciding whether to sign an agreement between myself and a bank for card processing services. The merchant agreement states there is an early termination fee, but I was able to get the bank to agree to waive the fee via email. If I sign this agreement as written but retain a copy of that email, would I be liable for the fee if I terminate early? I am also worried that the date of the email versus date of agreement signature may indicate that I was actually accepting the fee after asking to have it removed. What do you think?
A: Your written agreement reflects final terms and would likely exclude any oral or written understandings outside of the written agreement unless incorporated by reference as an addendum or exhibit.
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