Regarding the Bojangles Express Franchise Agreement Addendum, is delivery of a signature page by electronic transmission (such as DocuSign or scanned PDF) considered effective delivery?
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 Bojangles Express Franchise Agreement states that delivery of a signature page by electronic transmission is considered effective delivery. This includes using electronic signature platforms like DocuSign or transmitting a scanned PDF document. Such electronic delivery has the same legal effect as delivering a manually executed counterpart of the addendum. This applies to addenda for franchisees in Rhode Island, Illinois, and generally to the Addendum to Franchise Agreement.
This provision simplifies the execution process for franchisees and Bojangles, allowing for quicker and more efficient agreement on the addendum. It reduces the need for physical document exchange, saving time and resources for both parties. This is particularly beneficial for franchisees located at a distance from Bojangles's headquarters or for those who prefer digital document management.
The inclusion of specific examples like DocuSign and scanned PDFs provides clarity and assurance that these common methods of electronic transmission are acceptable. This reduces ambiguity and potential disputes regarding the validity of electronically signed documents. The statement confirms that each counterpart, whether physically signed or electronically transmitted, is considered an original, further solidifying the legal standing of electronically executed agreements.
It is important to note that this clause specifically addresses the delivery of the signature page and its legal equivalence to a manually executed counterpart. Franchisees should ensure that they comply with all other requirements of the franchise agreement and addendum, including reviewing the entire document and seeking legal counsel if necessary.