Under what condition is a variation of the Bevaris Alliance agreement considered 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)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a variation of the franchise agreement can be considered effective under specific conditions related to its execution and delivery. The agreement may be executed in any number of counterparts, each of which constitutes a duplicate original when executed and delivered. All counterparts together form one single agreement.
Specifically, the transmission of an executed counterpart or the executed signature page of a counterpart via fax or email (in PDF, JPEG, or another agreed format) is considered effective as delivery of an executed counterpart. Following such transmission, each party is expected to provide the others with the original counterpart as soon as reasonably possible, although the agreement's validity is not prejudiced by the method of delivery.
This approach allows for flexibility in finalizing the agreement, especially when parties are geographically separated. However, it also places a responsibility on each party to ensure that original documents are exchanged to maintain proper records. This is a fairly standard practice in modern franchising to expedite the agreement process while maintaining legal validity.