factual

For Bevaris Alliance, does transmission of just the signature page of a counterpart agreement constitute delivery of an executed counterpart?

Bevaris_Alliance Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (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)

According to Bevaris Alliance's 2024 Franchise Disclosure Document, the transmission of an executed signature page of a counterpart agreement does constitute delivery of an executed counterpart. Specifically, the franchise agreement can be executed in multiple counterparts, which together form one agreement. The FDD states that transmitting an executed counterpart, or just the executed signature page of a counterpart, via fax or email (in PDF, JPEG, or another agreed format) is considered delivery of an executed counterpart.

This means that for Bevaris Alliance franchise agreements, franchisees do not necessarily need to physically mail the entire signed agreement to the franchisor. A scanned and emailed signature page is sufficient for the agreement to be considered delivered. This can expedite the process of finalizing the franchise agreement.

However, the agreement also stipulates that even if delivery is made electronically, each party is still required to provide the others with the original signed counterpart as soon as reasonably possible. This ensures that all parties have a complete original copy of the agreement for their records, even though the initial delivery can be made via fax or email.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.