Does Burger King Company LLC require franchisees to consent to transact business electronically when entering into an addendum?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
By entering into this Addendum, Franchisee expressly consents to transact business with BKC electronically and that, consistent with the Uniform Electronic Transactions Act, and all other applicable state and federal laws, this Addendum may be executed by electronic signatures. The parties to this Addendum agree that the parties' electronic signatures are intended to authenticate this writing and to have the same force and effect as the use of manual signatures and an electronically signed version of this Addendum shall constitute an original for all purposes.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, franchisees are required to consent to transact business electronically with Burger King Company LLC (BKC) when entering into an addendum to the franchise agreement. This requirement is explicitly stated in various addenda presented in the FDD.
The FDD states that by entering into any addendum, the franchisee expressly consents to conduct business with BKC electronically. This consent is in accordance with the Uniform Electronic Transactions Act and other applicable state and federal laws, which allows the addendum to be executed using electronic signatures. The agreement specifies that electronic signatures have the same legal force and effect as manual signatures, and an electronically signed version of the addendum is considered an original document for all purposes.
This requirement applies to different types of addenda, including those related to franchise agreements for both entities and individual/owner-operators. Examples include the BKoT Upgrade Incentive Program Franchise Agreement Addendum, Multi-Unit DIP 2017 Addendum, Replacement Franchise Addendum, and others. This indicates that Burger King aims to streamline its business processes by using electronic transactions and signatures, which can save time and resources for both the franchisor and the franchisee.
For a prospective Burger King franchisee, this means they must be willing and able to engage in electronic transactions with Burger King for any addenda to their franchise agreement. This includes being comfortable with using electronic signatures and ensuring they have the necessary technology and infrastructure to participate in electronic business transactions. Franchisees should also familiarize themselves with the Uniform Electronic Transactions Act and other relevant laws to understand their rights and obligations when conducting business electronically with Burger King.