Can the Canopy Lawn Care Note be executed in counterparts?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
This Note and any amendments, waivers, consents, or supplements hereto may be executed in counterparts, each of which shall constitute an original, but all of which taken together shall constitute a single contract.
Delivery of an executed counterpart of a signature page to this Note by facsimile or in
electronic ("pdf" or "tif" or any other electronic means that reproduces an image of the actual executed signature page) format shall be as effective as delivery of a manually executed counterpart of this Note.
- The words "execution," "signed," "signature," and words of similar import in this Note shall be deemed to include electronic and digital signatures and the keeping of records in electronic form, each of which shall be of the same effect, validity, and enforceability as manually executed signatures and paper-based recordkeeping systems, to the extent and as provided for under applicable law, including the Electronic Signatures in Global and National Commerce Act of 2000 (15 U.S.C. §§ 7001-7031), the Electronic Signatures and Records Act of 1999 (N.Y. State Tech. Law §§ 301-309), and any other similar state laws based on the Uniform Electronic Transactions Act.
Source: Item 23 — RECEIPT (FDD pages 55–199)
What This Means (2025 FDD)
According to the 2025 Canopy Lawn Care FDD, the Promissory Note and any amendments can be executed in counterparts. This means that the agreement does not require all parties to sign the same physical document. Instead, each party can sign a separate copy, and all the copies together constitute a single, binding agreement. This practice is common in franchise agreements to expedite the signing process, especially when parties are geographically separated.
Delivery of a signature page by fax or electronic means (such as PDF or TIF) is considered as effective as delivering a manually executed original. This allows for faster and more convenient execution of the Note, as it eliminates the need for physical delivery of documents. The FDD also states that electronic and digital signatures are deemed to have the same effect, validity, and enforceability as manually executed signatures, as provided by applicable law, including the Electronic Signatures in Global and National Commerce Act of 2000.
This flexibility in signing and delivering the Canopy Lawn Care Promissory Note benefits franchisees by simplifying and accelerating the process. Franchisees can sign and return the document electronically, reducing delays and administrative burdens. The recognition of electronic signatures ensures that the agreement is legally sound and enforceable, providing franchisees with confidence in the validity of the executed Note.