Regarding the Bojangles addendum, is delivery of a scanned PDF document considered effective as delivery of a manually executed counterpart?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the addendum to the franchise agreement addresses the validity of electronically transmitted documents. Specifically, it states that delivering a signature page's executed counterpart via electronic transmission, including methods like DocuSign or a scanned PDF, is considered as effective as delivering a manually executed counterpart of the addendum. This applies to the Bojangles Franchise Agreement, the Bojangles Express Franchise Agreement, the Bojangles Individual Franchise Agreement, the Bojangles Renewal Franchise Agreement, the Development Agreement, and the Express Franchise Agreement.
For a prospective Bojangles franchisee, this means that the signing and delivery of the addendum can be completed electronically, offering convenience and efficiency. This eliminates the need for physical document exchange, potentially speeding up the agreement process. It also confirms that Bojangles recognizes and accepts electronic signatures and document transmission as legally binding.
This clause is a fairly standard practice in modern franchising, as it streamlines the execution of legal documents. Franchisees should still carefully review all documents, whether signed electronically or manually, and seek legal counsel to fully understand their obligations and rights under the franchise agreement. The FDD also states that each party acknowledges they had the opportunity to review the addendum with an attorney.
It's important to note that this clause specifically addresses the delivery of the signature page and not necessarily the entire agreement. However, the provision aims to modernize and simplify the execution process, making it easier for both Bojangles and its franchisees to finalize agreements.