Can the Confidentiality and Non-Competition Agreement for Bananas Smoothies Frozen Yogurt be executed electronically?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Signatures: 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 Agreement and all Riders and any Amendments hereto.
The parties hereto agree that this Confidentiality and Non-Competition Agreement may be executed electronically by any means EYB 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 Confidentiality and Non-Competition Agreement and all Riders, Amendments or Addenda hereto.
Developer is not entitled to challenge the validation or authenticity of the electronic signature or this Confidentiality and Non-Competition Agreement 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 Confidentiality and Non-Competition Agreement can be executed electronically. The agreement specifies that a facsimile signature, including photocopied, faxed, and electronically transmitted copies such as PDFs, is binding to the same extent as an original signature. This applies to the agreement, all Riders, and any Amendments.
Bananas Smoothies Frozen Yogurt explicitly states that the Confidentiality and Non-Competition Agreement may be executed electronically by any means they choose. If an electronic signature is used, it holds the same weight as an original signature for the agreement, Riders, Amendments, or Addenda.
Furthermore, the document clarifies that the developer (franchisee) cannot challenge the validity or authenticity of the electronic signature or the Confidentiality and Non-Competition Agreement simply because it is not the original. This provision aims to streamline the signing process and reduce potential legal challenges related to electronic signatures.