What does the Ben Jerrys lease rider state regarding electronic signatures?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be executed in two or more counterparts, each of which will be deemed an original, and all of which will constitute one and the same instrument.
Each party agrees that this Agreement and any other documents entered into in connection with this Agreement 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)
The 2025 Ben Jerrys Franchise Disclosure Document discusses electronic signatures within the context of the agreement in general, not specifically within the lease rider. According to the FDD, the agreement and any related documents can be signed either with a handwritten signature or through electronic means. Ben Jerrys treats electronic signatures as equivalent to handwritten signatures in terms of validity, enforceability, and admissibility. This means that franchisees can sign the agreement and associated documents electronically, and these signatures will carry the same legal weight as traditional signatures.
This policy provides convenience and efficiency for prospective Ben Jerrys franchisees, as it allows for remote signing of documents, eliminating the need for physical meetings or mailing of paperwork. It streamlines the onboarding process and reduces administrative delays. Franchisees should ensure they understand the electronic signature process used by Ben Jerrys and that they have the necessary technology to participate in electronic signing.
While the FDD specifies that electronic signatures are acceptable for the agreement, it does not elaborate on the specific technology or platform used for electronic signatures. It is important for prospective franchisees to confirm with Ben Jerrys the specific procedures and software required for electronic signing to ensure compliance and avoid any potential issues with the validity of their signatures.