Regarding the Bojangles Addendum, does electronic transmission of a signature page (including platforms like DocuSign or scanned PDFs) 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 the 2025 Bojangles FDD, the addendum to the franchise agreement states that delivering a signature page via electronic transmission is considered as effective as delivering a manually signed original. This applies to various addenda, including those for the Express Franchise Agreement, the Renewal Franchise Agreement, and general Franchise Agreements. This allowance extends to electronic signature platforms like DocuSign, as well as scanned PDF documents.
For a prospective Bojangles franchisee, this means that the signing and delivery of the addendum can be completed electronically, offering convenience and efficiency. It eliminates the need for physical paperwork and potentially speeds up the overall franchising process. This is a fairly standard practice in modern franchising, as it streamlines administrative tasks and reduces logistical hurdles.
However, it's important for the franchisee to ensure that the electronic transmission method used is secure and reliable to maintain the integrity of the signed document. Franchisees should also retain a copy of the electronically signed addendum for their records. This clause ensures that all parties acknowledge and accept electronic signatures as legally binding, simplifying the execution of the franchise agreement and its addenda.