What is the required format for any variation to the Bevaris Alliance agreement to be effective?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.13 Counterparts.
- (a) This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
- (b) Transmission of an executed counterpart of this agreement (but for the avoidance of doubt not just a signature page) or the executed signature page of a counterpart of this agreement] by (a) fax or (b) email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this agreement. If either method of delivery is adopted, without prejudice to the validity of the agreement thus made, each party shall provide the others with the original of such counterpart as soon as reasonably possible thereafter.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
Based on the 2024 FDD, the Bevaris Alliance agreement can be executed in counterparts, meaning that the agreement does not need to be signed on one single document to be effective. According to section 27.13, each counterpart, once executed and delivered, acts as a duplicate original, and all counterparts together form one single agreement.
For practical purposes, Bevaris Alliance allows for modern transmission methods. The FDD states that transmitting an executed counterpart or just the signature page via fax or email (in PDF, JPEG, or another agreed format) counts as delivering an executed counterpart of the agreement.
However, even if fax or email is used for initial delivery, each party is still expected to provide the others with the original signed counterpart as soon as reasonably possible. This ensures that all parties have a complete original document for their records, even if the initial agreement was reached through electronic means.