Are faxed, scanned, or electronic signatures considered valid and reliable as original signatures in the Bft agreement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, the documents referred to herein, and the exhibits hereto, constitute the entire and only agreement between the Parties concerning the granting and awarding the Development Rights granted hereunder, and supersede all prior and contemporaneous agreements. Except for those permitted to be made unilaterally by Franchisor hereunder, no amendment, change or variance from this Agreement shall be binding on either Party unless mutually agreed to by the Parties and executed by their authorized officers or agents in writing. This Agreement does not alter other agreements between Franchisor or its affiliates and Developer or its affiliates. Nothing in this Agreement or in any related agreement, however, is intended to disclaim the representations Franchisor made in the Franchise Disclosure Document that Franchisor furnished to Developer. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Faxed, scanned or electronic signatures shall have the same effect and validity, and may be relied upon in the same manner, as original signatures.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, faxed, scanned, or electronic signatures are considered valid and reliable as original signatures. Specifically, the franchise agreement states that such signatures have the same effect and validity as original signatures and may be relied upon in the same manner. This applies to the Multi-Unit Agreement between Bft Franchise SPV, LLC and the Developer. This clause ensures that the agreement can be executed efficiently, even if the parties are not physically present in the same location to sign the documents.
For a prospective Bft franchisee, this means that you can sign the franchise agreement and related documents electronically or by fax/scan, without needing to mail physical copies. This can speed up the process of finalizing the agreement and commencing operations. It also reduces the administrative burden associated with managing physical documents.
However, it is important to ensure that the electronic signature method used complies with any applicable laws or regulations regarding electronic signatures. While Bft accepts these forms of signatures, franchisees should still confirm that their chosen method is legally sound and secure. This provision simplifies the execution process but does not remove the franchisee's responsibility to ensure compliance with relevant legal standards for electronic transactions.