In the Bonchon franchise agreement, are electronic and facsimile signatures considered binding?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
HAWAII ADDENDUM TO FRANCHISE AGREEMENT
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- No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- This Addendum may be executed in counterparts, which together shall constitute one and the same instrument. Signatures via DocuSign, .PDF file, facsimile, or other electronic format have the same force and effect as originals.
[Signature pages follows.]
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the enforceability of electronic and facsimile signatures on the franchise agreement depends on the location of the franchise. Specifically, the Hawaii Addendum to the Franchise Agreement addresses this issue. For franchisees in Hawaii, signatures via DocuSign, .PDF file, facsimile, or other electronic format have the same legal force and effect as original signatures. This ensures that franchise agreements and related documents signed electronically or via fax are legally binding in Hawaii.
This provision in the Hawaii Addendum offers convenience and efficiency in the execution of franchise agreements for Bonchon franchisees in Hawaii. It eliminates the need for physical signatures and allows for quicker processing of documents. However, it's important to note that this specific clause applies only to franchisees in Hawaii. Franchisees in other states should consult the main body of the franchise agreement or any addenda specific to their state to determine the enforceability of electronic or facsimile signatures.
For prospective Bonchon franchisees outside of Hawaii, it is essential to clarify with Bonchon whether electronic or facsimile signatures are considered binding in their specific jurisdiction. This can be confirmed by reviewing the franchise agreement, any state-specific addenda, or by seeking legal counsel. Understanding the enforceability of different signature methods is crucial for ensuring the validity and legal standing of the franchise agreement.