Can the Bananas Smoothies Frozen Yogurt agreement be executed electronically?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
A facsimile signature, including photocopied, faxed and electronically transmitted (such as PDF) copies of a signature, is binding to the same extent as an original signature and shall be deemed an original signature with regard to this Deposit Agreement and all Riders and any Amendments hereto. The parties hereto agree that this Deposit Agreement may be executed electronically by any means Franchisor chooses, and if by electronic signature, the electronic signature shall be binding to the same extent as an original signature and shall be deemed an original signature with regard to this Deposit Agreement and all Riders, Amendments or Addenda hereto. You are not entitled to challenge the validation or authenticity of the electronic signature or the document on the ground that it is not the original.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the Deposit Agreement can be executed electronically. The document specifies that a facsimile signature, including photocopied, faxed, and electronically transmitted copies such as PDFs, is considered binding to the same extent as an original signature. This applies to the Deposit Agreement, Riders, and any Amendments.
The FDD states that the Deposit Agreement may be executed electronically by any means Bananas Smoothies Frozen Yogurt chooses. If an electronic signature is used, it holds the same legal weight as an original signature for the Deposit Agreement, Riders, Amendments, or Addenda. The franchisee is not allowed to challenge the validity or authenticity of the electronic signature or the document simply because it is not the original.
This indicates that Bananas Smoothies Frozen Yogurt accepts electronic signatures for the Deposit Agreement, which streamlines the initial stages of the franchise process. This is a common practice in modern franchising, as it allows for faster and more convenient agreement execution, especially for franchisees who may be located at a distance from the franchisor's headquarters. Prospective franchisees should confirm with Bananas Smoothies Frozen Yogurt which specific electronic signature methods are acceptable to ensure compliance.