Can the Transfer Agreement for a Burneys Sweets More franchise be executed in counterparts?

According to Burneys Sweets More's 2025 Franchise Disclosure Document, the Transfer Agreement can be executed in counterparts. This means that the agreement does not require all parties to sign the same physical document at the same time. Instead, each party can sign a separate copy (or "counterpart") of the agreement, and all of these separate copies together constitute one single, binding agreement. These counterparts can even be transmitted via facsimile.

For a prospective Burneys Sweets More franchisee, this provides flexibility and convenience during the transfer process. It allows the buyer, seller, and franchisor to sign the agreement at different times and locations, which can be particularly useful if the parties are geographically separated or have scheduling conflicts. This can expedite the transfer process, as it removes the logistical challenges of coordinating a single signing ceremony.

However, it's important for franchisees to ensure that all counterparts are properly executed and that they receive a complete copy of the fully executed agreement. This includes confirming that all signatures are valid and that no changes or modifications have been made to any of the counterparts. Franchisees should also consult with their legal advisors to ensure that they fully understand the terms and conditions of the Transfer Agreement and that all necessary steps are taken to protect their interests.