In the Amorino Franchise Agreement amendment, can the amendment be executed in counterparts?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Counterparts. This Amendment may be executed in one or more counterparts, (including by facsimile or .pdf copies of original signatures), each of which counterparts shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the amendment to the Area Development Agreement can be executed in counterparts. This means that the agreement does not need to be signed on a single document. Instead, each party can sign a separate copy of the same document, and these separate copies together will be considered a single, binding agreement.
This flexibility extends to the method of signing, as the document specifies that counterparts can include facsimile or PDF copies of original signatures. This allows for convenient execution when parties are geographically separated, as they can exchange signed copies electronically rather than requiring physical delivery of a single document.
For a prospective Amorino franchisee, this clause simplifies the process of finalizing the amendment. It reduces logistical hurdles and accelerates the execution of the agreement, as it is not necessary to coordinate the physical signing and exchange of documents. This is a fairly standard clause in franchise agreements and amendments, reflecting the need for efficient and practical business operations.