In the Bevaris Alliance agreement, does 'writing' include a fax?

According to the 2024 Bevaris Alliance Franchise Disclosure Document, the transmission of an executed counterpart of the agreement or the executed signature page by fax shall take effect as delivery of an executed counterpart of this agreement. This means that Bevaris Alliance recognizes a faxed copy of the franchise agreement (or just the signature page) as legally binding as an original document. This allows for faster execution of the agreement, as parties do not need to physically mail the documents.

Bevaris Alliance also accepts email in PDF, JPEG, or other agreed format as delivery of an executed counterpart of the agreement. However, if either fax or email delivery is used, each party is still required to provide the others with the original counterpart as soon as reasonably possible. This suggests that while electronic or faxed copies are acceptable for initial execution, the original documents are still required for record-keeping purposes.

This practice is fairly common in the franchise industry, as it streamlines the initial agreement process while maintaining a record of original documents. Prospective Bevaris Alliance franchisees should ensure they understand the requirements for both electronic/faxed delivery and the subsequent provision of original documents to avoid any potential issues with the enforceability of the agreement.