Regarding the Bojangles Development Agreement addendum, is delivery of a signature page by electronic transmission (including DocuSign or scanned PDF) considered 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, an addendum to the Development Agreement specifies that delivering a signature page via electronic transmission is considered as effective as delivering a manually signed original. This includes using electronic signature platforms like DocuSign or sending a scanned PDF document. This applies to the addendum to the Development Agreement.
This clause simplifies the execution process for Bojangles franchisees and the franchisor, allowing for quicker and more convenient agreement on the addendum. It eliminates the need for physical document exchange, reducing delays and costs associated with traditional mail or courier services. This is a fairly standard practice in modern franchising, as it streamlines administrative tasks.
It's important to note that this provision specifically applies to the addendum to the Development Agreement. The FDD also includes similar clauses in addenda to other agreements, such as the Express Franchise Agreement and the Renewal Franchise Agreement, particularly for franchisees in Rhode Island. This indicates that Bojangles is open to using electronic signatures for various agreements, enhancing efficiency in their franchising operations.
This electronic signature acceptance is contingent on using platforms like DocuSign or scanned PDFs, ensuring a level of security and verification. Franchisees should confirm that the specific electronic transmission method they intend to use is acceptable to Bojangles to avoid any potential issues with the validity of the signature.