Regarding the Bojangles Addendum, does electronic transmission of a signature page, such as through DocuSign or a scanned PDF, constitute effective 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 allows for electronic transmission of signature pages. Specifically, the addendum states that delivering a signature page via electronic means, such as through DocuSign or a scanned PDF document, is considered as effective as delivering a manually executed counterpart. This applies to various addenda, including those for the Bojangles Franchise Agreement, Express Franchise Agreement, and Renewal Franchise Agreement.
This provision simplifies the execution process for franchisees and Bojangles, allowing for quicker and more efficient agreement on the addendum. It eliminates the need for physical delivery of documents, reducing time and costs associated with traditional mail or courier services. Franchisees can sign and return documents electronically, streamlining the overall franchising process.
It's important to note that this clause specifically addresses the method of delivery for the signature page and confirms the legal equivalence of electronic signatures to manual signatures for the addendum. This does not change any other requirements of the franchise agreement or addendum, but merely provides an easier way to finalize the document. This is a fairly standard practice in modern franchising, as it reflects the increasing acceptance and legality of electronic signatures and document transmission.