Are electronically signed duplicates of the Bang Cookies Franchise Agreement considered originals?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
18.W. COUNTERPARTS, ELECTRONIC SIGNATURES, AND MULTIPLE COPIES
This Agreement may be executed electronically. This Agreement may be executed in counterparts, all of which counterparts shall be deemed originals and taken together shall constitute a single agreement. Executed electronic or print duplicates of this Agreement, if any, and their respective signatures shall be
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the Franchise Agreement may be executed electronically. The document states that the agreement can be executed in counterparts, and all counterparts are considered originals that together form a single agreement. Furthermore, executed electronic or print duplicates of the agreement, including their respective signatures, are also considered originals.
For a prospective Bang Cookies franchisee, this means that the franchise agreement does not necessarily require a traditional pen-and-paper signature. Electronic signatures are acceptable, which can streamline the signing process. This is a common practice in modern franchising, as it allows for quicker and more efficient agreement execution, especially when parties are geographically separated.
The provision that counterparts are deemed originals is also standard in franchise agreements. This allows each party to sign a separate copy of the agreement, and all copies together constitute the complete agreement. This clause eliminates potential legal challenges based on the argument that a signed copy is not an original.
In summary, Bang Cookies's approach to agreement execution provides flexibility and efficiency, aligning with current technological practices. Franchisees can be confident that electronically signed or duplicate copies of the agreement hold the same legal weight as traditionally signed originals.