Does Atwell Suites consider electronic signatures, facsimile signatures, or signatures transmitted by electronic mail in 'pdf' format as legally binding?

According to the 2025 Atwell Suites FDD, the brand does consider electronic signatures, signatures via PDF file, and facsimile signatures as legally binding, but with some state-specific stipulations. For franchise agreements issued in California, Hawaii, Virginia, North Dakota, and Rhode Island, amendments to the standard Atwell Suites license agreement specify that signatures via Conga Sign, DocuSign, PDF file, facsimile, or other electronic format have the same legal force and effect as original signatures. This indicates a general acceptance of various electronic signature methods by Atwell Suites.

Furthermore, the FDD includes an "Electronic Signature Acknowledgement" stating that Atwell Suites may, at its option, execute the license via electronic signature. By electronically signing the acknowledgement, the licensee agrees to conduct the transaction using electronic means, including electronic signatures, and acknowledges that these signatures are valid and create a binding agreement. However, the licensee has the option to decline electronic execution and request a non-electronic license.

In another section, the FDD states that agreements may be executed by electronic signature initiated through any mutually agreed commercial electronic signature provider to a party's authorized signatory's password-protected email address. An electronic signature appearing on such a document has the same force and effect as an original ink signature. This clause provides further assurance that Atwell Suites recognizes and accepts electronic signatures as legally equivalent to traditional signatures, provided they are obtained through secure and mutually agreed-upon methods.

Overall, Atwell Suites appears to embrace electronic signatures for its franchise agreements, offering flexibility and convenience to both the franchisor and franchisees. However, prospective franchisees should carefully review the specific terms and conditions related to electronic signatures in their franchise agreement and any applicable state amendments to ensure full understanding and compliance.