Does the RTF Upgrade Remodel Franchise Addendum for Burger King allow for electronic signatures?
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 permit electronic signatures, provided certain conditions are met. Specifically, if the franchise agreement is with an entity, the franchisee expressly consents to conduct business electronically with Burger King Company (BKC). This consent extends to the use of electronic signatures on the addendum, aligning with the Uniform Electronic Transactions Act and other applicable laws. The agreement stipulates that electronic signatures authenticate the document, carrying the same weight and effect as manual signatures, and an electronically signed version is considered an original.
This provision appears in multiple addenda, including the BKoT Upgrade Incentive Program Franchise Agreement Addendum Exhibit L2, the Multi-Unit DIP 2017 - 2024 Addendum Exhibit K2, Franchise Addendum (DIP) Exhibit S1, Replacement Franchise Addendum Exhibit F1, and Multi-Unit DIP 2017 Addendum Exhibit S2. Each of these addenda contains similar language allowing for electronic signatures under the same conditions. The inclusion of this clause across various addenda suggests a standardized approach by Burger King to facilitate electronic transactions and streamline the signing process.
For a prospective Burger King franchisee, this means that if their franchise agreement is with an entity, they can likely sign these addenda electronically, simplifying the process. However, it is important to note that this ability to use electronic signatures is contingent on the franchisee's explicit consent to conduct business electronically with BKC. Franchisees should carefully review the specific terms and conditions outlined in each addendum to ensure they understand their rights and obligations regarding electronic signatures. If the franchise agreement is with an individual/owner-operator, electronic signatures are also permitted with the same stipulations.
It is important to note that the excerpt focuses on the permissibility of electronic signatures within the context of specific addenda to the franchise agreement. While the excerpts do not explicitly name the "RTF Upgrade Remodel Franchise Addendum", the language regarding electronic signatures is consistent across multiple addenda. Therefore, a prospective franchisee should confirm with Burger King whether the RTF Upgrade Remodel Franchise Addendum also contains a similar clause permitting electronic signatures under the same conditions.