For Ben Jerrys, are electronic signatures treated the same as handwritten signatures for validity, enforceability, and admissibility regarding the Warehouse Addendum?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Each party agrees that this Addendum and any other documents entered into in connection with this Addendum are signed when a party's signature is delivered either as an original handwritten signature or through electronic means. Electronic signatures are to be treated the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, electronic signatures are treated the same as handwritten signatures regarding the Warehouse Addendum. Specifically, each party involved in the Warehouse Addendum agrees that any documents related to the addendum are considered signed whether the signature is a traditional handwritten one or an electronic one. This applies to the validity, enforceability, and admissibility of the document.
This means that for a Ben Jerrys franchisee, signing the Warehouse Addendum or any related documents electronically carries the same legal weight as signing a physical copy. This can simplify and expedite the signing process, as documents can be signed and exchanged remotely. It also reduces the need for physical storage of documents, as electronic copies are legally equivalent.
This policy ensures that Ben Jerrys and its franchisees can conduct business efficiently without concerns about the legality of electronic signatures. It is important for franchisees to understand this policy, as it streamlines the process of executing agreements and other important documents related to the operation of their franchise, particularly concerning the Warehouse Addendum.