Can the agreement for Bonchon be signed in counterparts, and are facsimile or electronic scanned copies treated as original signatures?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
| 6. | This Addendum may be executed in counterparts, which together shall constitute one and |
|---|---|
| same instrument. Signatures via DocuSign, .PDF file, facsimile, or other electronic format have | |
| the same force and effect as originals. |
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the Hawaii Addendum to the Franchise Agreement specifies that the agreement can be executed in counterparts, meaning that each party can sign a separate copy of the agreement, and all signed copies together constitute one single agreement. Furthermore, signatures via DocuSign, PDF file, facsimile, or other electronic formats are considered to have the same legal force and effect as original signatures. This applies specifically to the Hawaii Addendum.
This clause simplifies the signing process, especially for franchisees who are not located near Bonchon's headquarters. It allows for quicker execution of the agreement since documents can be exchanged electronically and signed remotely. This is a fairly standard practice in modern franchising, as it streamlines operations and reduces administrative delays.
However, it is important to note that this specific clause is part of the Hawaii Addendum. Franchisees looking to operate in other states should confirm whether a similar provision exists in their specific franchise agreement or any state-specific addenda. If not explicitly stated, it would be prudent to seek clarification from Bonchon regarding their policy on counterpart signatures and the acceptance of electronic signatures for agreements outside of Hawaii.