How are facsimile or scanned executions of the Apricot Lane amendment treated?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Further Assurances. To facilitate the execution of this Amendment by geographically separated Parties, it may be executed in two or more counterparts, all of which shall constitute one agreement. The execution by one Party of any counterpart shall be sufficient execution by that Party whether or not the same counterpart has been executed by any other Party. This Amendment shall become effective when each Party has signed at least one counterpart. All facsimile or scanned executions shall be treated as originals for all purposes. The Parties shall do and cause to be done all such acts, matters and things and shall execute and deliver all such documents and instruments as shall be required to enable the Parties to perform their respective obligations under, and to give effect to the transactions contemplated by, this Amendment.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, facsimile or scanned executions of the amendment to the franchise agreement are treated as originals for all purposes. This means that a copy of the signed amendment sent via fax or email is legally equivalent to the original signed document. This allows for efficient execution of the amendment, especially when the parties are geographically separated.
This clause ensures that the amendment becomes effective once all parties have signed a counterpart, regardless of whether the signatures are on the same physical document. It streamlines the process by accepting faxed or scanned copies as valid, removing the need to exchange original documents by mail or courier.
For a prospective Apricot Lane franchisee, this simplifies the amendment process. It allows them to quickly finalize and implement changes to their franchise agreement without delays associated with traditional document handling. However, franchisees should still retain the original signed documents for their records, even though the scanned or faxed copies are considered legally binding.