Does the Burger King franchise agreement addendum require franchisees to consent to transacting business electronically?
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, several addenda to the franchise agreement include a clause where the franchisee expressly consents to transacting business with Burger King Company LLC (BKC) electronically. This consent is tied to the execution of the addendum itself.
This clause appears in multiple addenda, including those related to the Multi-Unit Development Incentive Program (DIP), the Burger King of Tomorrow (BKoT) remodel incentive program, and Replacement Franchise Addenda. The language is consistent across these addenda, indicating a standard practice for Burger King.
The addendum states that, consistent with the Uniform Electronic Transactions Act and other applicable laws, the addendum may be executed by electronic signatures. It also specifies that electronic signatures have the same force and effect as manual signatures, and an electronically signed version of the addendum constitutes an original document. This suggests Burger King aims to streamline processes and reduce paperwork through electronic transactions and signatures.
For a prospective franchisee, this means that by signing any of the listed addenda, they are also agreeing to conduct business with Burger King electronically. This could include receiving communications, submitting reports, making payments, and other business-related activities. Franchisees should ensure they are comfortable with and capable of handling these transactions electronically.