Are facsimile signatures binding for the Bananas Smoothies Frozen Yogurt agreement?
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 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, facsimile signatures are binding. This includes photocopied, faxed, and electronically transmitted copies of a signature, such as PDFs. These signatures have the same legal weight as an original signature regarding the Deposit Agreement, all Riders, and any Amendments.
This means that a franchisee doesn't need to physically sign documents for them to be legally binding. Sending a scanned or faxed copy of the signed agreement is sufficient. This also extends to electronic signatures, which are binding to the same extent as an original signature.
The franchisee is not allowed to challenge the validity or authenticity of an electronic signature or document simply because it is not the original. This clause streamlines the agreement process, allowing for quicker execution of documents, but it also places the onus on the franchisee to ensure they fully understand the documents they are signing, regardless of the signature format.