Regarding the Bojangles Development Agreement 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
- 6. 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Development Agreement on the same date as the Development Agreement was executed.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, electronic transmission of a signature page to the Development Agreement Addendum, including through platforms like DocuSign or scanned PDFs, is considered effective delivery of a manually executed counterpart. This applies to addenda for various agreements, including the Development Agreement, Express Franchise Agreement, Renewal Franchise Agreement, and the standard Franchise Agreement. This means that the parties involved do not need to physically exchange paper copies of the signature pages; instead, they can use electronic methods to finalize the agreement. This can save time and resources, streamlining the execution process.
This provision is included in multiple addenda, such as those for franchisees in Illinois and North Dakota, as well as for the standard Franchise Agreement. Each addendum states that it may be executed in multiple counterparts, and electronic delivery of a signature page is equivalent to manual delivery. This ensures that all parties are bound by the agreement regardless of whether they sign a physical document or use an electronic signature platform.
For a prospective Bojangles franchisee, this clause simplifies the administrative aspects of finalizing the franchise agreement and any related addenda. It allows for quicker execution of documents, as electronic signatures and transmissions are generally faster than traditional mail or courier services. This can be particularly beneficial when time is of the essence, such as when securing a location or meeting deadlines for opening a new franchise. Bojangles aims to modernize its contracting processes by accepting electronic signatures, making it easier for franchisees to complete necessary paperwork.