Under the Byrider Finance Entity Agreement, are signatures transmitted via facsimile or scanned and emailed given the same force and effect as an original?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement constitutes the entire understanding between the parties with respect to the transaction this Agreement contemplates. This Agreement may be executed in multiple copies, each of which will be deemed an original. Signatures transmitted via facsimile or scanned and emailed shall be given the same force and effect as an original.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, signatures transmitted via facsimile or scanned and emailed are considered to have the same legal validity as original signatures under the Finance Entity Agreement. This provision is part of the agreement's miscellaneous terms, which also state that the agreement represents the complete understanding between the involved parties regarding the contemplated transaction.
This clause simplifies the execution process, allowing Byrider franchisees and the franchisor to finalize agreements efficiently, regardless of geographical locations. It eliminates the need for physical document exchange, saving time and resources. This is a fairly standard practice in modern franchising, reflecting the increasing reliance on digital communication and document management.
However, franchisees should ensure that all scanned or faxed documents are clear and legible to avoid potential disputes over interpretation. Maintaining proper records of all transmitted documents is also crucial. While this clause streamlines the signature process, it's important for franchisees to understand all other aspects of the agreement, including dispute resolution, responsibilities, and guarantees, as these remain unaffected by the signature method.