In the Brightstar Care franchise agreement, can a receiving party rely on documents delivered electronically with an electronic signature as if they were original documents?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The counterparts of this Agreement and all ancillary documents executed or delivered in connection with this Agreement may be executed and signed by electronic signature by any of the parties to this Agreement, and delivered by electronic or digital communications to any other party to this Agreement, and the receiving party may rely on the receipt of such document so executed and delivered by electronic or digital communications signed by electronic signature as if the original has been received. For the purposes of this Agreement, electronic signature means, without limitation, an electronic act or acknowledgement (e.g., clicking an "I Accept" or similar button), sound, symbol (digitized signature block), or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, a receiving party can rely on electronically signed and delivered documents as if they were originals. The franchise agreement and related documents can be executed with electronic signatures and delivered via electronic or digital communication. A receiving party can treat these electronically signed documents as equivalent to receiving the original documents.
For a prospective Brightstar Care franchisee, this means that the franchise agreement and any related documents can be signed and exchanged electronically, streamlining the process. This eliminates the need for physical signatures and mailing of documents, making the process more efficient and convenient.
The FDD defines "electronic signature" broadly to include electronic acts or acknowledgements (like clicking an "I Accept" button), sounds, symbols like digitized signature blocks, or any process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. This wide definition provides flexibility in how electronic signatures can be applied, ensuring that various methods of electronic agreement are acceptable under the franchise agreement.