Regarding the Benjamin Franklin Plumbing franchise agreement, can it be executed in counterparts, and what is the effect of doing so?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 22.13. Counterparts.
This Agreement may be executed in counterparts, and each copy so executed and delivered shall be deemed to be an original.
Any signature by electronic signature, facsimile or scanned PDF shall be deemed an original signature.
This Agreement shall be effective only upon the receipt of countersignature by us.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the franchise agreement can be executed in counterparts. This means that the agreement does not need to be signed on one single document. Instead, each party can sign a separate copy of the same agreement, and these separate copies together constitute a fully executed agreement.
This practice is common in modern business to expedite the signing process, especially when parties are geographically separated. Each counterpart, once executed and delivered, is considered an original copy of the agreement. This eliminates the need to physically circulate a single document for signatures, which can save time and resources.
Additionally, any signature provided electronically, via facsimile, or as a scanned PDF is considered an original signature. However, the agreement becomes effective only upon the franchisor's receipt of the countersignature. This clause ensures that Benjamin Franklin Plumbing has the final say in accepting the agreement, regardless of when the franchisee signs their part.
This flexibility in signing allows Benjamin Franklin Plumbing to finalize agreements efficiently, but prospective franchisees should be aware that the agreement is not binding until the franchisor formally acknowledges it with a countersignature.