Can the Azal Coffee Guaranty be executed via electronic mail?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Unless otherwise specified in this Agreement, notices under this Agreement must be in writing signed by the party serving the same and must be sent by: (a) registered or certified mail, return receipt requested, postage pre-paid, in which case the notice will be complete two (2) days after mailing; or (b) overnight courier service, in which case the notice will be complete one (1) day after delivery to the overnight courier. The notice must be sent to the address referenced below or at another address designated by a party by notice under this Section.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
Based on the 2024 Azal Coffee Franchise Disclosure Document, it is not explicitly stated whether the Guaranty can be executed via electronic mail. However, the FDD does specify how notices under the agreement must be delivered. Unless otherwise specified in the Agreement, notices must be in writing and signed by the party serving the notice. The acceptable methods for sending notices are (a) registered or certified mail, return receipt requested, postage pre-paid, in which case the notice will be complete two (2) days after mailing; or (b) overnight courier service, in which case the notice will be complete one (1) day after delivery to the overnight courier.
Given that the FDD outlines specific methods for delivering notices, and electronic mail is not among them, it is unclear whether a Guaranty can be executed via email. This could mean that Azal Coffee does not accept electronic signatures for this particular document, or that the FDD simply does not address this possibility.
A prospective Azal Coffee franchisee should clarify with the franchisor whether the Guaranty can be executed via electronic mail. If electronic signatures are not permitted, the franchisee will need to plan for physical delivery of the signed document via registered/certified mail or overnight courier.