Can the Beverly Anns Cookie Bill of Sale be executed in counterparts?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
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- If any provision of this Bill of Sale is held invalid or unenforceable by any court of competent jurisdiction, it is the intent of the Parties that all other provisions of this Bill of Sale be construed to remain fully valid, enforceable, and binding on the parties. This Bill of Sale shall be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to any conflict of laws principles. This Bill of Sale may be executed in several counterparts, and each executed counterpart shall be considered an original.
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- This Bill of Sale may be executed in counterparts and by electronic signature, all such counterparts taken together will constitute one and the same agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Bill of Sale can be executed in counterparts. Specifically, the FDD states that the Bill of Sale may be executed in several counterparts, and each executed counterpart shall be considered an original. It also states that the Bill of Sale may be executed in counterparts and by electronic signature, and all such counterparts taken together will constitute one and the same agreement.
This means that the franchisee and Mobile Cookie Company, LLC (MCC) do not need to sign the same physical document. They can each sign separate copies (counterparts), and all the copies together will form a single, legally binding agreement. This flexibility can be particularly useful when the parties are geographically separated or need to expedite the signing process.
Additionally, the agreement allows for electronic signatures on the counterparts, further streamlining the execution process. This is a modern convenience that reflects current business practices, making it easier for all parties to finalize the Bill of Sale, as long as all counterparts are eventually collected to form the complete agreement.